Consumer complaint received 2021-12-01
Company: TD BANK US HOLDING COMPANY
State: SC
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
On XXXX, XX/XX/ 2021 I received an email regarding a purchase of XXXX which I knew was an error as I had never made a purchase of this kind. I attempted to logon to my banking account online and found that my username and password no longer worked to access my account online. I went out to retrieve my tote from my rental car only to discover that it had been stolen and within it my laptop, cell phone and wallet with my debit card and my driver 's license. I called my bank, TD, and was notified that there were numerous pending transactions against my account. I informed them of the situation and explained that I couldn't receive a security code to my device as the thieves had access to this as well. I asked the agent to have the account frozen until I could go into the branch and speak to someone in person. I began the process of reporting the theft and as Monday was a bank holiday I went into my branch on XXXX, XX/XX/XXXX, to discover the extent of the fraud, close the account affected, open a new account and receive instruction as to how to proceed. 

Following the instructions I received from the branch I immediately filed a police report and waited the ten days to receive a copy and returned it to the bank. In the meantime, the bank had almost immediately denied my fraud claim and when I inquired I was told that once I had the police report in hand the matter would be resolved. The day the report was released I obtained a copy and returned to my branch. Again, no provisional credit was given and the claim was denied. The bank informed me this denial was because I had indicated a suspect on the police report, who I had known five years previously, but had just been contacted about by another county 's sheriff 's department. The bank insinuated that the personal link between myself and this man left my involvement in the fraud in question. I informed them that my laptop repopulated the username and password and they denied this was possible on their website. I was told I would need to prove that by going into the branch and having a bank employee witness and file an affidavit. I did this immediately and the branch employee graciously complied though the branch manager informed me that they were no longer able to help me with this matter and to call the bank 's 1-800 number in the future that the matter was now beyond the branch 's ability to help. 

Once again the claim was refiled nearly automatically denied because of the tie to the possible suspect. They informed me that because I had once had a personal relationship with this person that I would need to pursue the matter civilly. As I did not know whether this man was or was not involved in the theft I contacted my county 's sheriff and was informed that the vehicle had been recovered and that nothing tying my suspect to the crime had been recovered. Again I phoned my bank and informed them of this development and made yet another claim and was informed by the agent that getting a new police report that separated the car theft from the fraud would most likely solve my issue with the automatic denials. Immediately set about reporting the fraud as a new crime and had a new report to the bank branch approximately 10 days later. Again, the claim I had made by phone had been denied before I was able to obtain the police report and so I had to again refile the claim. However, I was certain that at this point I had jumped through the various hoops that my bank had set for me and that at last the claim would be accepted and a provisional credit issued. 

It is fair to say at this point I was desperate for a resolution as it had been two months that I had been without funds and all of my utilities had been cut off and I was at risk of losing my home. I have just found out that again the claim has been denied because the account was used for XXXX  and XXXX  purchases during the time that the card was no longer in my control. This is easily explained as my card is tied to both services through their app and was accessed and used without any need for the physical card. I excluded these charges from the fraud claim as I thought they could be legitimate charges made by my child who is away at college. I have refiled my claim and marked it urgent but have yet to hear back from my bank and do not, more than two months later, expect any sort of satisfactory resolution of this situation.

Company response to consumer: Closed with explanation