Consumer complaint received 2018-01-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem caused by your funds being low
Sub-issue: Non-sufficient funds and associated fees

Complaint:
Some one cashed a Bank of America check dated XX/XX/XXXX for {$3300.00} to XXXX. His name was printed on the check and it had the same account number that was issued to me by the Bank of America. The money was withdrawn from my account. The bank cleared the check immediately without checking its validity and without the required HOLD. That created an overdrawn situation in my account and I reported that it was a fraud and that was not my check. My check that was issued by Bank of America does not have that check number. I reported to the fraud section and they credited the amount to my account and recommended that I do not use that account and to open a new account. This was done by XX/XX/XXXX. I thought everything was okay and I had my peace of mind.I received a letter dated XX/XX/XXXX from Bank of America that I fill up an attached form to initiate the review process and that what they have issued was a provisional credit to my account. I was also warned that a delay in returning the completed claim package may affect the right Bank of America may have in attempting recovery which could result in my claim being denied.I received the letter on XXXX and I immediately filled, notarized and mailed the form. I received a letter dated XX/XX/XXXX from Bank of America stating that they have completed their research on my fraud claim. They stated that as a result of their research, they have determined that my claim will not be honored for the following reason : The delay in returning the completed claim package within the required time frame as indicated in the original package has affected the right we had to attempt recovery. They also noted that the temporary credit issued on XX/XX/XXXX for {$3300.00} will be reversed on XX/XX/XXXX. In that letter they also noted that they have enclosed the same forms and I complete and return within 10 business days of receipt of that letter.The envelope of the XX/XX/XXXX letter was stamped XX/XX/XXXX and I received it on XX/XX/XXXX. I called the Fraud Division on XX/XX/XXXX and the person who received the call told me that the form that I mailed originally had been received and I ignore the need to fill and send again.However, they have gone ahead and took out the amount they credited to my account and my account shows negative balance. I have no access to this account. I contacted then on XX/XX/XXXX and asked them the status. They told they do not have the notarized form and asked me to mail or fax the form. I contacted them again on XX/XX/XXXX and they said that it will take about 20 days to settle and close the account. Meanwhile the bank kept on sending threatening letters that I have overdrawn and they would recover the money from my other accounts. I contacted Fraud section on XX/XX/XXXX and they said they will credit the money to the account and will not close the account until they complete the investigation. This is not my fault. Some one wrote the check with Bank of America title and his own name and address using my account number and Bank of America negligently cashed without verifying. I have promptly reported. Additionally, they are threatening me that I have overdrawn etc. They are supposed to protect my account. Therefore they should credit the amount and close my account so that the case can be closed and I will have peace of mind.

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 monetary relief