Consumer complaint received 2018-03-29
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NM
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
I filed two disputes regarding my credit/debit card with Bank of America. The first, in the amount of {$530.00} in XXXX, 2016, involved a purchase on XXXX for a wooden sandtray and multi-purpose therapy desk from a seller called XXXX XXXX. The purchased item was damaged and returned immediately at my own expense, on the understanding that the return shipping fees would be refunded when the damaged item was received. The shipment was logged in and delivered. As a result, the seller indicated to XXXX that they had issued a refund in full, including the shipping fee of approximately {$75.00} dollars. 

As no refund appeared on my Bank of America account, however, XXXX said I needed to contact the bank. Bank of America initiated a dispute ( XXXX # XXXX ). However, in their initial response to the dispute, the seller indicated something in contrast to what they reported to XXXX and in contrast to what is still listed still on this order with XXXX. In response to the dispute with Bank of America, the seller told the bank that they had shipped a replacement -- which was neither requested, nor received and, according to XXXX, not even available ( as the seller did not have a replacement at the time that the damaged item was returned which is why a refund was necessary in the first place ). 

In addition, as " evidence '' that the seller had issued a replacement in lieu of refund, the seller provided Bank of America with a shipping label ( not even a shipping receipt or delivery confirmation ). Although the original shipping label for the multi-purpose therapy desk AND the return shipping confirmation showed that the purchased item weighed over 33lbs, the shipping label provided by the seller as " evidence '' they had mailed me a replacement, showed that the shipped item was less than 4lbs and clearly, therefore, not a replacement for the {$530.00} wooden sandtray and multi-purpose therapy desk let alone the {$75.00} shipping fee. Nevertheless, Bank of America " resolved '' the dispute, in spite of the information I have provided regarding the seller 's response or the fact that they continue to report to XXXX that they issued a refund in full to my credit card account. 

At the same time, I also experienced and reported a fraudulent charge on the same account. After attending a street art fair and making several purchases from various artists, there was a charge in the amount of {$280.00} that didn't correspond to any purchases that I had made on that day and from a vendor " XXXX '' that I did not recognize. As my card had been out of my hand repeatedly, as vendors often take the card to process behind their booth on the street, I reported that it had been used without my authorization. Bank of America initiated proceedings, cancelled the card, issued me a new account number, and issued a conditional refund ( Claim # XXXX ). However, almost immediately, they reversed the credit and said that the purchase " appeared '' to be legitimate. I requested a copy of the " evidence '' that led them to arrive at this conclusion, including a copy of the receipt ; I was told that, because the chip had been read, a receipt was not provided, as no signature was required. This did not make sense to me, as it would have been easy for someone to run my card into a second machine when it was in their possession at another booth. When purchasing art, I routinely would have requested an itemized receipt in order to insure the item ; I have no receipt because I didn't make this purchase and Bank of America has not been able to provide me with any evidence that this purchase is legitimate. 

I have sent Bank of America a letter at least once every month in order to keep these disputes open. They simply ignore the letters and, when I call, they indicate that the matter is being " escalated '' and that I will receive a return call which is never returned. In addition, when you call, they frequently have an outgoing message that says that they are experiencing high call volume and long wait times ( once, one hour and 27 minutes estimated ) and that they will call you back if you elect not to wait on hold. They do not call you back. And, as they are not responding to my monthly letters, the account remains in dispute in my mind. 

I stopped making payments on the credit card associated with the account in order to get some attention from customer service. Last week, they began taking large payments ( over {$1400.00} ) directly from my checking account to apply to the credit card, causing me to be overdrawn on routinely scheduled automatic drafts and charging me fees for the overdrafts. I have received no correspondence or phone calls from them regarding this action. I have called the " offset department '' number listed for the direct debit taken out of my checking account. Although no one answers, the recorded message indicates they will return the call within 48 hours and they have not returned my calls. 

Today, they sent me an email indicating that I was overdrawn as a result of an account transfer within Bank of America and, on logging into the account, they have also charged me an overdraft fee in advance of issuing an alert. However, it is not possible to overdraw an account when transferring funds within Bank of America, as in order to transfer funds between accounts, the funds have to be available in the first place. I believe this situation with the Bank is now officially out of control and because all of my income deposits automatically go into this account, I am transferring money out as soon as it is deposited into the account. 

We have been struggling with this for a long time and I obviously need intervention in order to resolve the matter.

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