Consumer complaint received 2022-08-04
Company: FIFTH THIRD FINANCIAL CORPORATION
State: OH
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
I am submitting this complaint after multiple failed attempts to resolve this issue with my bank, 5/3rd. On Friday afternoon, XX/XX/29 I contacted the bank to request a stop payment on two checks ( that were made from my personal checking account ending in XXXX ) out to XXXX XXXX XXXX, a real estate lead service I had terminated the relationship with after they breached the terms of our service agreement. The termination was effective immediately and therefore required to cancellation of two checks for {$1000.00} each which I had recently mailed to the company in the same envelope. I spoke with a representative in the checking department and requested that checks XXXX, and XXXX, both made out to XXXX XXXX XXXX for {$1000.00} each be stopped. The representative first checked to confirm that these checks were not processing and after doing so indicated he could help me with this. After a few minutes the represented confirmed with me verbally that he had stopped both checks. I asked him to send over an email confirmation of this so I would have something in writing and he advised his system did not allow this but that a letter would be sent confirming the checks had been stopped. Again both checks had been made payable to the same entity and were sent in the same envelope and it was both checks that were confirmed to have been stopped by 5/3rd 's representative. The following morning I checked my account dashboard and found that my checking account was overdrawn and that the two checks had been deducted from my account! I immediately called 5/3rd and was advised that in fact the representative from Friday failed to stop payment on both checks and in fact had only stopped payment on check XXXX. They further advised that both checks had been cashed and that at this point there was nothing that could be done about this as the stop payment hadn't been received in time. I asked that the called be escalated to a supervisor. I spoke with the supervisor who looked into the matter and basically provided the same suggestion that the checks had posted and would clear and that 5/3rd wasn't liable for this and couldn't guarantee stopped checks. Shortly thereafter I received a notification that there was a notice that had posted to my account. I opened this to find the letter confirming the stop payment however, the notice indicated that only check XXXX had been stopped, check XXXX had not. The notice also reported the check was made to XXXX XXXX XXXX, rather than XXXX as I had advised. The notice also indicated that in the event I experienced a financial loss because 5/3rd paid the transaction described in the letter, I would need to provide written documentation to request reimbursement. I immediately called the bank back to discuss this further with them. This rep advised that while check XXXX was processing, it would not clear and she advised that the funds would be returned to my account on Tuesday XXXX, however, there was nothing she could do regarding check XXXX. I once again requested the call be escalated to a supervisor. When I spoke with the supervisor she suggested that in fact both checks would clear however, there was nothing they could do about this as it wasn't a mistake on the banks part and rather a " training opportunity ''! Apparently 5/3rd is aware it isn't adequately training its staff and attempting to force their customers to pay for the bank 's employees mistakes! As it turns out the supervisor 's were not correct and on Tuesday the funds associated with check XXXX were returned to my account, however the bank did process and release the {$1000.00} associated with check XXXX due to their failure to also stop this payment. I have since spoken to multiple parties at the bank and have requested a copy of the original call I made last Friday requesting the stop payments which 5/3rd confirmed they record. 5/3rd has refused to provide a copy of this call advising they do not release these and that they are for training purposes only! I advised them that they were not to delete this recording as if they failed to correct their mistake and to return my money to me I would subpoena a copy. I have spent the last 6 days trying to resolve this with the bank, a bank I have been a customer of for well over 10 years and a bank that has my personal and business accounts, as well as my wife 's personal and business accounts and a business loan. They continue to insist that they have not made a mistake but refuse to proceed a copy of the recording ( which would prove otherwise ) and are insisting that instead this is all nothing more than a training opportunity for their staff! 5/3rd needs to return my {$1000.00} to me as again they failed to cancel check XXXX as requested, and which their representative had confirmed he had done and therefore they are liable. They can not suggest that the stop payment might not have processed as the request was made for both checks to be stopped the same day, and XXXX attempted to cash them together. Therefore the fact check XXXX was stopped, confirms had XXXX also been stopped as requested the processing of this payment would have also been prevented.

Company response to consumer: Closed with monetary relief