Consumer complaint received 2018-07-10
Company: TD BANK US HOLDING COMPANY
State: MD
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
I am an XXXX XXXX, and for the fiscal yearXX/XX/2017 I payed my federal taxes in full ( over {$17000.00} ) via written Check out of my TD bank account. The check, written on XX/XX/XXXX, was cashed on XX/XX/XXXX. When I received a notice from the IRS stating that I owed over {$17000.00} in back taxes, I requested the back of the cashed check from TD bank and provided it to the IRS as proof of payment. I was informed by the IRS that the check was not cashed by them, and that it does not have any endorsement on the back whatsoever that would help indicate who cashed it or where. 

Accordingly, I contacted TD banks main phone line on Thursday XX/XX/XXXX. After explaining my situation, I was told by the fraud department that it was necessary that I go into my local TD bank branch and sign an affidavit so that the bank could start a fraud investigation in order to track down who cashed the check, where it was cashed, and where the money was deposited. On Friday XX/XX/XXXX I spent over an hour in the XXXX Branch of TD Bank ( located on XXXX XXXX in XXXX Maryland ) speaking with the Manager Ms. XXXX. Ms. XXXX, and a TD Fraud representative she called from her office, informed me that the only way for me to track down the money was to get the United States Treasury ( the name to which the check was made ) sign and notarize an affidavit on behalf of a Payee claiming non-receipt. I clearly expressed my hesitation and confusion as to why I alone can not begin a fraud investigation regarding my own account, or how I am supposed to get the united states treasury to sign an affidavit. 

I was assured multiple times that this was the only way and a custom practice, and encouraged to keep calling the IRS until someone agreed to fill it out. After numerous hours on the phone with the IRS and conversations with my accountant, I was informed that the affidavit is not something either had seen before, nor were they willing to sign. The IRS told me that if this is an issue of fraud my bank needs to be in contact with the police and the IRS. 

Because I expressed hesitation in being able to get the IRS to sign, Ms. XXXX had given me the contact information of XXXX branchs other manager Ms. XXXX as she would not be in town to assist me if there was an issue. On Monday XX/XX/XXXX when I called the XXXX branch they said neither Ms. XXXX or Ms. XXXX was available, and that they have no way of contacting the branch manager via phone when she is not in the office, so I have to email her personally and request an emergency call back. I emailed Ms. XXXX and received no response whatsoever. 

I then called into the main TD customer line and spoke to three different TD representatives. The first representative transferred me after a short conversation. I then spent over an hour on the phone with a representative who told me I shouldve already frozen my account and contacted the police, as my personal identifying information is written all over the check ( SSN, bank account information, personal address ) due to it being a check to the IRS. She was the first employee to tell me this despite them knowing of the fraud in my account for almost a week. She then had me sitting in silence or on hold for an hour just to inform me I need to go back into the XXXX branch with the paper work I already have and sign it myself. 

When I told her I was instructed by XXXX staff that that was not an option, and that there is no one of the managerial level there to help me, she stated she too had no one available to help me over the phone, and told me to call back later. When I told her that this was not an option, she put me on another extended hold and transferred me to her supervisor. 

Her supervisor again provided conflicting advice, and could not tell me what affidavit I needed to fill out, and then told me to take the one I already have, that is filled out on behalf of the United States Treasury, back to my branch with a police report and try and request again that a fraud investigation be started. She also stated that if the paperwork was accepted, it would take at least 10 days for a fraud investigator. She stated that TD will not refund my missing balance, despite the fact that they illegally released my money on an unendorsed check. When I informed her that I have been given a time limit by the IRS to track down these funds or pay again, she stated she could not tell me how long a fraud investigation could take, or the details of the investigation occurs, stating that the XXXX department that handles the investigation is separate from the banking division. 

Since yesterday, I have called my branch again and re-emailed the branch manager in the hopes of gaining any type of guidance as to how to start an investigation with the appropriate documentation and have been met with absolute silence. In speaking to over 7 different TD employees over the course of almost an entire week not a single one of them could even instruct me the appropriate document for me to sign, but all of them stated it is impossible for me to start a fraud investigation into the location of my own money until their fraud department receives a signed affidavit. Due to their outstanding neglect, not only was my money stolen, but my personal identifying information has been compromised, and I now find myself in a position where I am being held liable pay the government a large sum of money that I am not able to pay, as I no longer have the resources. All the while, TD, who I trusted to hold my money safely, is making me jump through endless hoops and directing me towards dead-end after dead-end as I try and get myself help out of the situation they created.

Company response to consumer: Closed with explanation