Consumer complaint received 2019-03-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
Here is a copy of the XXXX XXXX Police Department report : Unknown suspects obtained victims rent check by unknown means. The suspect deposited the check into XXXX XXXX by unknown means and cashed out the funds. 

On XXXX at approximately XXXX hours, cadet XXXX ( XXXX ) was dispatched to XXXX XXXX Police Department front lobby in regards to a fraud theft report. Detective XXXX contacted victim XXXX XXXX, where he ( XXXX XXXX ) started the following summary. 

On XXXX at approximately XXXX hours, the victim mailed his rent check # XXXX to the XXXX XXXX. The victim dropped off his check inside of the post office box in from of the USPS ( XXXX XXXX XXXX ). On XXXX at unknown hours, the funds were removed from his account. On XXXX at unknown hours, the victim received a telephonic call from the XXXX   XXXX in regards that they had not yet received the rent payment. The victim advised the XXXX XXXX that he mailed the check to them on XXXX. 

On XXXX, the victim called Bank of America to file a claim # ( XXXX ). The victim notified Bank of America that unknown suspects had obtained one of his checks, and fraudulently cashed the check by unknown means. Bank of America notified the victim, on XXXX the suspect 's cashed out the check # XXXX from unknown XXXX XXXX. Bank of America advised the victim they would investigate the claim. The victim stated to Bank of America that the XXXX XXXX have always deposited his checks to XXXX XXXX, never have they been cashed out from a XXXX XXXX. 

On XXXX, the victim has not yet received his funds, as well as XXXX XXXX   has not been cooperative with Bank of America. Bank of America has requested XXXX to review over the claim, but XXXX has ignored all five requests. The victim provided me ( Detective XXXX ) with photocopy of check # XXXX, as well as other photocopies of prior checks that have been sent to the XXXX XXXX. The victim states that he noticed check # XXXX endorsement stamp does not match the stamp from his previous checks. 

end of police report ( XX/XX/XXXX ) On XXXX I received a letter from Bank of America stating : " Unfortunately XXXX XXXX has not responded to our requests for these funds. Although the Uniform Commercial Code governs this dispute, it does not impose any specific time period for the  depositing bank to resolve the claim and/or provide reimbursement for your account. Since we haven't received a response after multiple attempts, we are closing your claim as of the date of this letter. If we do receive partial or full reimbursement at a later date, we will notify you and credit your account. '' As of XXXX I have not yet received any funds. 

On XXXX I went to XXXX XXXX branch at XXXX XXXX and spoke with their branch manager XXXX XXXX ( XXXX ). He informed me that because I do not have an account with XXXX that he could not help me. He also stated that based on the information that I gave him they could not determine where this money went, and that Bank of America would have that information. 

On XXXX I went to Bank of America branch at XXXX XXXX and spoke with their branch manager XXXX XXXX ( XXXX ). She called the check fraud department, and informed me that the XXXX statement still is valid, and no funds will be credited to me. When I asked if she could provide information to Detective XXXX so he could follow up on this interaction she responded saying that the claims department representative we had just talked to can not speak with Detective XXXX. When I asked if I could have a direct contact number to this representative she declined, and instead have a generic XXXX number ( XXXX ). 

I have been informed on three separate occasions with three separate people from Bank of America fraud department to file a seizure warrant with the police department to claim my funds. When I did this the XXXX commented saying that they do not do seizure warrants ; they find and book criminals. Bank of America has purposefully misinformed me, and misdirected me on several occasions. It has been 8 months now and I still have not been credited back the money they misplaced ( {$1600.00} ). 

I have gone through all the steps and processes Bank of America has told me to go though in order to get my money back. I have also gone through the XXXX XXXX Police Department to help resolve this issue. Despite all this effort and time, I still have not resolved this issue.

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