Consumer complaint received 2020-11-26
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Cashing a check

Complaint:
My name is XXXX XXXX XXXX XXXX, I am writing you as a last resort, with the hope that the grave problem I am dealing with can be resolved. 

Firstly, please allow me to apologize for taking up your precious time, especially during the current state of affairs. 

Recently I became the victim of fraud. On XX/XX/XXXX I sold  an item on XXXX ( online marketplace ). The sales price was {$130.00}. The buyer, being physically in the United States, paid me by cheque deposit to my Bank of America account. I have been a Bank of America client since XX/XX/XXXX, holding a chequing account in good standing, and with a balance of {$1800.00} at the time when the fraud occurred. The buyer informed me that he had deposited a cheque in the wrong amount, and asked me to return the funds he had overpaid, leaving me with the correct payment amount deposited in my account. When I checked my account, I did indeed see that a cheque in the amount of {$8900.00}, was deposited into my account, and cleared. Since the funds were available, I proceeded to reimburse the buyer by making three different transfers in the amount of {$3500.00}, {$3500.00} and {$1800.00} totaling the sum of {$8800.00}. The transfer service which the buyer asked me to use to reimburse him was XXXX, and the maximum transfer amount allowed was {$3500.00}, reason for which I made three transfers. Everything went smoothly, and the funds were successfully transferred to the buyer. 

However, six days later, I was notified that I owed the bank a total of {$7000.00}, which was the amount I had reimbursed the buyer {$8800.00}, minus the funds I had in my account {$1800.00}. Initially I was very confused, but finding out that the buyer 's deposited cheque bounced, and the fact that he never again answered my calls and messages, made me realize that I was defrauded. 
In an instant my heart sank, the world around me collapsed. Not only had I lost my only savings, but I was and continue to be physically in XXXX, unable to travel to the United States in order to try to resolve this matter in person, due to the pandemic and the political and civil unrest we are experiencing in XXXX. 

I immediately started reaching out to everyone I could at the bank and the fraud department. This was no small feat, because to add insult to injury, we are not allowed to make international calls originating from XXXX. The only solution I found was to XXXX  at your bank 's XXXX account, and ask for someone to call me. I did receive callbacks to my XXXX, however, nobody I spoke to was able to help me. During one of the telephone conversations I had with a bank representative, once I detailed my situation, I was told that I would be refunded the balance I had in my account, and that I would be sent a cheque. I was asked for a US address to send the cheque to, which I provided. I felt optimistic, and believed that the matter had been resolved. However, time passed, and I never received a cheque, I only received a notice that I am responsible for repaying the bank the outstanding amount of {$7000.00}. I also found out that now my credit rating will be very negatively impacted for many years to come. 

I didn't do anything wrong, all I did was to believe that the person who was buying  an item from me deposited the wrong amount, and when the cheque had cleared in my account, it led me to believe that this was true, reason for which I proceeded to reimburse the buyer. Why would the cheque clear, if there were insufficient funds, and also considering that I did not have a balance in my account to cover the amount of the deposited cheque. 

I was defrauded by a criminal who is not suffering any consequences, the bank has given up on me and designated me as a delinquent client, and I can not do anything about it. As I mentioned at the beginning of my letter, you are my last hope at resolving this matter. I pray that you consider my predicament and maybe can help me find a positive resolution. I have all the necessary information : bank letters, my history of reaching out to try to resolve the matter, screenshots of messages which show that I have been defrauded, and the buyer 's information in the United States, all of which I can provide you with. 
Please consider my plea and help me find a solution. I know that to some, my predicament and the amount of money that I lost are of no major importance, but I assure you, for me this is something that will forever affect me, not only financially, but maybe even more importantly, emotionally and psychologically. 

I sincerely hope to receive a reply from you. Until then, I wish you nothing but the very best. 
With much respect, XXXX XXXX XXXX XXXX.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation