Consumer complaint received 2018-03-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NM
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
I went to the XXXX  store at XXXX and XXXX in XXXX at XXXX XXXX XXXX XXXX, XXXX, NM XXXX  and we paid with check of XXXX. We bought gum and some other thing and had XXXX  cash back. The check was kept in the cash register and we got the merchandise and also XXXX  cash back. the cashier called the supervisor because she had some problem with the cashier register. The manager came, fix that and told the cashier to keep the check and put inside the register. The check was run electronically and also kept in the register.

I later had fees associated with insufficient funds and noticed there was an unauthorized double presentment of check number XXXX  twice, one regularly and again a second time electronically, resulting in my account being debited twice the XXXX   I went to XXXX and they told me that " they do not have time right now to look at the computers '' to see if I was telling the truth and to basically go away since " they have customers to tend to ''.

I then went to bank of america and talked to a manager and also we spoke to the claims department and I was told that they will look into it, that XXXX is a big company and does not do this type of fraud.

I still did not get my issue resolved so I went to the branch at XXXX XXXX XXXX XXXX, NM XXXX. I was told I need to sign in and near to XXXX they told me that I wont be seen that day because they had too many customers and that I needed to return other day. I was upset because they had me wait and sign in and nothing I am a customer too, maybe not affluent, but I put all my social security direct deposited there and it is a lot of money for someone like me.

the branch and the managers referred me back to the claims phone number. I called and they told me that they are still investigating, Two months passed and I then called again customer service, I was transferred multiple times to people with different accents across the world and finally they told me they will look into that, is not fraud so the credit will take time.

I did not get my money back and since I had XXXX  less than expected in my account for the double presentment of twice of the check, then, I incurred in fees. I spent hours in the phone to ask for fees to be returned and they told me that once the credit is issued, I will have those fees removed.

Noting happened so I went to the branch at XXXX XXXX XXXX XXXX XXXX XXXX, NM XXXX  to see if I get to talk to someone there that is willing to help me. I talked to XXXX XXXX who spoke XXXX  and was very nice, and was a supervisor and manager and actually explained to the banker the situation with the charges. I filled out the statement that the lady told me to fill out, signed it and the banking center sent that information to the claims department. I got a credit for the XXXX   and I did not get a credit for the overdraft fees.

I should get a credit for the overdraft fees that were triggered as soon as the money was double debited from the account as the double debit was NOT an authorized transaction by me to XXXX.

I got help from my daughter and grandkids and they figured out something in the computer, I do not use online except when they can help me, I only use paper My family told me that not only they did not give me the fees back, but they reversed the credit.

I had asked my daughter to access this site and look at the complaint.

Apparently the bank said I did not fill some sort of affidavit. and my family looked online and there is a form that " expired '' because I had no clue was there. Besides I ALREADY FILLED THAT AFFIDAVIT OUT AT THE BANK AT THE XXXX XXXX XXXX banking center with XXXX XXXX. Do they need an additional affidavit for the fees and the unauthorized debiting by XXXX of my account? Shouldn't XXXX give you the affidavit or the cashier or the supervisor. It seems it would be easy for XXXX to show two different receipts for the XXXX transaction. There are not 2 receipts because there was only one transaction and someone took my social security funds at the XXXX XXXX   XXXX  is very big so I do not want to make them mad, but please return my money. : ) or Bank of america return it please. I need it. My family needs it.

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