Consumer complaint received 2023-05-03
Company: BMO HARRIS BANK NATIONAL ASSOCIATION
State: NE
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
To whom it may concern, My name is XXXX XXXX XXXX. I wish to file a complaint against Bank of the West XXXX XXXX at XXXX XXXX XXXX, XXXX, XXXX XXXX for not responding to my fraud complaint and lack of help to get my money back. 

On XX/XX/2023 I discovered two checks I had made out to pay bills were stolen from my mailbox and someone had fraudulently changed the payee and amount payable to {$5000.00} each. Upon finding out {$10000.00} was missing from my husbands and my personal accounts, I promptly went to the XXXX to let them know what had happened. I brought them my duplicate copies to show them how the checks were fraudulently altered and asked for assistance. XXXX stated the fraudster had " washed '' the checks including our signatures. 

I first talked with XXXX XXXX, assistant manager who had me talk to XXXX. She had me call the XXXX police to get a case # for the bank. I called right there, she helped me fill out the paperwork, notarized it and forwarded to XXXX in their fraud department. Bank of the West refused to cover the lost funds even though they had cleared the fraudulent checks with signatures that do not match ours. 

XXXX clearing process did not catch the fraudulent checks and is taking the stance that it is not responsible. XXXX allowed someone to steal {$10000.00} from us and is taking no responsibility. What stops anyone from creating fraudulent checks if the bank is not going to protect us consumers? I check with the bank each week on their progress. They keep telling me that they are working on it. Two months later, XXXX told me the fraudster cashed my checks at XXXX XXXX XXXX XXXX XXXX ( " XXXX '' ). 

On XX/XX/XXXX, I contacted XXXX and checked with their fraud department and provided them copies of the fraudulent checks that XXXX allowed to clear. In a few hours, XXXX confirmed the checks were cashed at their institution and the {$10000.00} was still in the account the fraudster used to deposit the checks! They stated the account was in a suspended state, most likely due to the application not being complete. XXXX stated XXXX just need to request the funds to be returned and give XXXX a hold harmless letter. They stated that XXXX should have done that immediately when I brought the fraud to their attention. That was 3 1/2 weeks ago. I still do not have my money back. 

I have continually called XXXX XXXX, manager of the branch and he either doesnt call me back or brushes me off when I go in person. He tells me they are still doing their investigation and to be patient. 

Bank of the West does not keep me updated on my fraud case and will not let me call XXXX in fraud because she doesnt deal with customers. 

I do not understand their actions. Bank of the West simply needs to claim the funds from XXXX and return them to our accounts. 

I feel Bank of the West has been purposely dragging their feet getting our money back and taking advantage of us because of our ages. I am XXXX and my husband is XXXX. Unfortunately, this has become a clear case of elder abuse. We are not being treated very well by XXXX. Once they found out we had our life savings in their bank, they did not wait to refer me to one of their investment guys, who wanted us to put our money into the stock market and annuities with high management fees. Instead of helping me recover my money that their failed check clearing process allowed to happen, they only wanted to increase the fees we pay to XXXX. My husband, XXXX, and I are on fixed income and can not afford to lose {$10000.00} for over 3 months. 

They should have put the funds back in our accounts immediately as we did nothing wrong. The fraudster stole the money and XXXX allowed it to happen. The checks should not have cleared the check proof process as the signatures did not match. In this case, the funds are sitting at another bank and XXXX still continues to refuse to help us. 

Please help. 

Thank you, XXXX XXXX XXXX

Company public response: Company believes the complaint provided an opportunity to answer consumer's questions
Company response to consumer: Closed with explanation