Consumer complaint received 2022-07-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem caused by your funds being low
Sub-issue: Bounced checks or returned payments

Complaint:
XX/XX/XXXX I opened a joint checking and savings account with some money I inherited from my Grandparents passing. I open the accounts together because I wanted to be sure that I would have overdraft protection. At the time of opening my account I was NOT specifically asked if I wanted to have my Overdraft active or ADVISED that it would be OFF until I requested otherwise. Nothing on that subject was mentioned. I was asked if I want Overdraft Protection to come from my Savings account, I told her Yes. The account manager that helped me was XXXX XXXX. 
Early XX/XX/XXXX I was visiting my sister out of state and I mailed off check # XXXX for {$500.00} to XXXX XXXX XXXX XXXX  XXXX  CA for my auto insurance. A week and half later my check was returned UNPAID by Bank of America for Insufficient Funds. My OVERDRAFT Protection did not go into effect, even though I had about {$40000.00} in my savings account and my checking account had enough in there to cover the {$500.00} check. In the meantime I had returned from my trip and gotten into an auto accident on XXXX XXXX. I was shocked to hear from an attorney I had attained to help me with the accident when they told me that I was uninsured at the time I got into the accident. They had canceled me due to nonpayment of policy premium. Since I had been out of town I wasnt aware of this. 
I rented a car with my own money since mine was not driveable after the accident, and went back and forth with my insurance about the coverage for the accident, not fully aware that It was Bank of America who had returned the check unpaid. 
I filed a complaint with Bank of America over the phone mid XXXX, Complaint # XXXX, but heard nothing back. Im still driving a rental car and being bounced around by the bank at this time, not knowing if I should pay out of pocket to fix my car or what was going on. So XXXX XXXX I went to Bank of America in XXXX and spoke to XXXX XXXX who told me that I would have to talk to XXXX at the other branch at a later time as the XXXX XXXX location had limited hours due to XXXX. 
I went into Bank of America at the other XXXX XXXX location after the XXXX XXXX in XXXX and the man I spoke with, XXXX XXXX XXXX, after hearing my concern about this issue, said, there must have been a glitch in the system, lets take a look and I can call your insurance company and they can backdate your coverage. His boss then informed him that they think it would be better for my situation if I contacted my insurance and asked them why they ( the insurance company ) returned my check without cashing it. I went back to the XXXX XXXX XXXX XXXX Ca and met with a manager by the name of XXXX who showed me the statement where Bank of America had sent the check back UNPAID. I went back to XXXX at Bank of America and he printed me out the statement they had of my financial records that show I had enough money in my checking to cover the check and more than enough in my savings but that my overdraft was not turned on. Yet the day after they returned my check UNPAID to my auto insurance they paid a different check and charged me OVERDRAFT FEES, even though, as they said, my overdraft was not turned on. Was it turned on or off? Why was I charged overdraft fees if it was turned off, and why wasnt I asked or specifically told that I had to request to have it active? Who in their right mind wants to have their checks returned unpaid and charged bounced check fees and their insurance canceled when they clearly have the money for this service to be up and running? Im a homeowner, its imperative that I am covered by insurance in case the unfortunate event of a car accident should happen. Did my bank care? Nope, not even a little bit. 
I finally said what do I do about this and basically it was suggested that I get a lawyer because I could not go any further with them at the bank. I spoke with an attorney who sent them correspondence twice and they sent me back a letter still finding no fault in their computer glitch. This time spent haggling back and forth between the bank and then the bank trying to tell me that it was my insurance cost me time and lots of money, to the tune of about {$30000.00} and the DMV is now trying to tack a point on my driving record due to being an uninsured motorist. The money was there. Bank of America needs to pay me back.

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