Consumer complaint received 2016-12-07
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Bank account or service
Sub-product: Checking account
Issue: Making/receiving payments, sending money

Complaint:
About 3 weeks ago i posted an art piece i painted on the app offer up. I was asking {$350.00}. I received a message from a buyer saying they wanted to buy the item. We then started emailing back and forth. Via XXXX he sent me a check for the amount of {$1500.00}. Clearly i though it was a mistake but no, the buyer instructed me to deduct XXXX for my cost + XXXX for running around for this transaction XXXX for holding the item. i then went to my bank to deposit the check via drive through bank teller. {$300.00} was available right away so i waited for the following day for the full amount of the check to post. When the next day came i seen that i had the full amount of the check available in my account, i believed that meant the check had cleared ... this is where i be leave I 'm not fully responsible for my bank to charge me. The buyer instructed me to send via XXXX a money transfer to the mover who was to pick up the item. So i went to XXXX and did so using my debit card i made a transfer of {$1000.00} ... i thought this guy must be way out of state. I do have receipts and all documentation of this transaction. So i thought all was well, i waited for the movers to come for the item but they never did.., the buyer then contacted me saying the movers wanted more money to pick up the item because of other pickups they had already done for him so he said he will send me another check and to do the same thing. I then became suspicious ... the following morning i seen i had a negative balance on my bank account. Of over XXXX dollars ... this is when my walls caved in ... i could n't believe it ... the bank told me it was a fraudulent check ... right away i went to my local bank to explain the situation but they said it was my fault and I 'm responsible for that charge ... there was nothing they can do ... i do n't have XXXX dollars lying around ... ... i do n't understand how i was able to make a XXXX dollar transfer using my debit card if the bank had not yet cleared the check ... or why would the full amount of the check show posted on my available balance if it really was n't ... of course at this point the buyer stopped responding to me ... but he still had the audacity to send me XXXX more checks ... i feel the bank is at least XXXX percent at fault ... The only reason why i made the transfer was because i saw the full amount of the check available the day after i deposited ... to me that meant the check was cleared and that 's why i was able to make the money transfer. So now my bank is charging me the full amount ... looking back i wish i would have not given any type of trust to this buyer, i was just so happy i had sold my first art piece. I want to get this resolve and i am working with my bank on a payment plan to resolve this issue. I still think it 's unfair and would like the bank to take some kind of consideration that i was a victim of a mess up scam and not treat me like if I 'm a criminal ...

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 monetary relief