Consumer complaint received 2020-10-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
1. On XX/XX/2020, I disputed a charge with XXXX with Bank of America on my debit card ending in XXXX in the amount of {$770.00}. 

2. The charge from XXXX, dated XX/XX/2020, was for bar exam preparation materials from a third party called XXXX. XXXX is a loan company that loaned me the amount for the XXXX materials, and the {$770.00} was a down payment. 

3. Bank of America created the dispute on XXXX XXXX, XX/XX/2020; provided no provisional credit ; and said they would be contacting the merchant XXXX XXXX XXXX. 

4. On the same day, after the call to BOA, XXXX approved a full refund to XXXX. 

5. On XX/XX/2020, XXXX processed a full refund of the XXXX loan. 

6. On the same date, XXXX sent me an email stating that there was an issue with the {$770.00} payment - that it " didn't go through. '' 7. On the same date, I called XXXX and they stated that they had received the chargeback from BOA and that they had sent the funds back to BOA. 

8. However, as of today, XX/XX/2020, I have not received the funds back to my BOA card ending in XXXX. 

9. In a XX/XX/2020 call to XXXX, XXXX changed their story regarding the chargeback and now said it was being investigated by their back office. 

10. There is clearly nothing for them to " investigate '' given they've already processed the refund on the loan. Five other loan payments were refunded to another debit card. If the charge had not been disputed, I would have received the refund for {$770.00} by now, as I've received refund of the other payments several days ago. 

11. XXXX sent me an email stating that they had received the refund from XXXX, processed the other five refunds to my other card ; that the {$770.00} was in chargeback status ; that they were " investigating '' ; and that I would receive my {$770.00} back either way, in that, if the chargeback process was not successful, they would still issue a refund to my card. 

12. Today, I contacted BOA claims dept. and spoke with XXXX id # XXXX. XXXX stated that they had received no response from XXXX, that they have 45 days to respond. 

13. I asked whether BOA could reach out to XXXX regarding this hold-up and the fact that they've provided me documentation showing that the refund is due unto me. BOA did not agree to do that. 

14. BOA advised that if I cancelled the claim so that XXXX could simply process a refund to my card, it may take even longer for me to get my funds back, because it would take 30-45 days just to return the funds to XXXX. 

15. BOA said there was no need to send additional documentation at this stage ; that it was best to wait the rest of the 45 days for XXXX  to respond ; and that BOA still would not provide a provisional credit even though I was offering documentation of my right to receive a refund from XXXX.

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