Consumer complaint received 2020-04-25
Company: BANK OF THE WEST
State: IA
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Managing an account
Sub-issue: Banking errors

Complaint:
To Whom It May Concern, I believe that the Bank of the West is solely responsible for the errors that the bank made and they are trying to blame me as the culprit responsible for destroying my personal credit. I opened a basic personal checking account on XX/XX/XXXXXXXX at the time I was offered debit card overdraft service. I chose to not opt for the service given the account was just to be used for daily expenses. I was never given a bank disclosure booklet, as I recall clearly that the account representative, that is now retired laughed and threw her hands up into the air, exclaiming that I would not need it and clearly stating " no one ever reads it anyway '' Come XX/XX/ I personally went into the bank branch, in XXXX Iowa on the advice of my mortgage company XXXX XXXX XXXX, and set-up an ACH monthly withdrawal. This was done with a teller named XXXX, I believe. She was familiar with my account and was looking at the computer, looking into my account, while I had XXXX on the telephone. I made the young woman clearly aware, that this was to be used for my home mortgage. Not once was it ever suggested to me that I set-up overdraft protection be linked to my account The bank refers to " DEBIT CARD '' Overdraft Protection, so I am confused if that applies to any overdraft? Basically, I concluded the transaction, without it ever being suggested that I have the protection of any kind linked to the checking account. The problem with this bank branch, in particular, is there is only XXXX account representative that for health reasons was never there. Her name is XXXX XXXX and she replaced the woman that set up my account that never gave me a booklet of disclosures. Ther are two major errors here. 1 ) I never received the booklet 2 ) I was never told that the ACH is drafted dead last and I should have some protection on my account. Perhaps if the bank has a steady account representative. this would have been made a priority. The bank has indeed verified that the priority of the drafts is all but the ACH drafting last. They have blatantly lied that I received a disclosure booklet, I did not. They acknowledge that a pizza was charged along with small nondescript items that forced the bank to return the ACH not once but on XXXX separate occasions. I personally went to the bank branch and spoke with the bank manager XXXX XXXX. She blatantly lied to me. telling me there was nothing she could do to help me. It clearly states in the disclosures booklet that she could have used her discretion to help me. I asked her specifically if she could ensure that the ACH would clear my account and she told me there was nothing that she could do. So here are more errors, She should have told be about overdraft protection and she could have made sure that the ACH cleared my account but she just sat there and stated there was nothing she could do. The last straw here is the bank representative who now has been assigned to my case, clearly lied as well. XXXX XXXX XXXX. She blames me for no knowing of overdraft protection to ensure my account. She further states that I had the option and refused it. That was a year before I set up the ACH. She furthermore claims that everybody gets a disclosure booklet when opening an account. I did not! She also claims that yes, the funds were present at the beginning of the day in my account but the bank honored everything else but my ACH draft. Not once but 3 times they bounced it back! XXXX XXXX further states that it was the fault of XXXX XXXX XXXX that did not draft the account until 2 days later. What difference does that make, I had no protection on the account. She also claims that I have never tied personally to rectify the mistakes personally with her. My wife called her many times. My wife specifically told XXXX XXXX that I suffer from a brain injury that affects my memory and causes me confusion. So again that is another blatant lie. In the meantime, my credit has been destroyed by this bank. No lender will touch me for at least a year or more. I am a senior citizen. I have health issues. I have my home up for sale because I need more medical care than the community has to offer. I need to be closer to a major medical center. My wife told XXXX XXXX that my medical ailments could be verified. She told my wife that she could not discuss the case with her. What matters most here is that I have been lied to on many occasions. I have been neglected by this bank. I should have been directed to an account representative that was familiar with overdraft protection when setting up this ACH, not some 20-year-old teller that has no banking experience. This Bank of the West is constantly advertising in the small town paper for help. The staff comes and goes. They are young and inexperienced. My life has suffered greatly because of their lack of responsibility and for their neglect. This XXXX, Iowa XXXX has a bad reputation in town, they should be closed down. Thank you.

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