Consumer complaint received 2017-04-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Bank account or service
Sub-product: Checking account
Issue: Deposits and withdrawals

Complaint:
XXXX   Checks from my  Bank of America acct were stolen and cashed. I reported to B of A that checks I had issued were not received  by the payee and had been cashed by someone other than the payee. A fraud claim was filed at that time. I was informed that funds would be deposited to my acct within  XXXX  hrs-this never occurred. This acct was placed on hold pending investigation.     XXXX   I called B of A on   XXXX   XXXX  , as the stolen funds were never deposited to my acct and I had not heard from B of A. I was told by a rep that there was no fraud claim on file. I explained that my acct was held on the day that I reported fraud on the acct, the B of A rep stated she would open a claim and request the funds to be deposited to my acct.    XXXX  I received an email from   XXXX   XXXX  , Claims Analyst, requesting a Fraud Statement of Claimant. I completed this form that was sent and faxed it to  XXXX . I never heard back from  XXXX  or any B of A rep.    XXXX  I spoke to a  XXXX  after calling the  XXXX  check fraud claim number. At that time  XXXX  informed me that B of A was trying to reach out to  XXXX , the bank where the fraud occurred. I asked her why the stolen funds had not been returned to my acct and she transferred me to a  XXXX . She informed me that it was discretionary as to whom the bank chose to deposit stolen funds to prior to the investigation being complete and that B of A was awaiting  XXXX  to return the funds before the funds would be returned to me.    XXXX , I spoke to  XXXX  in  XXXX . He had no answers for me. I asked to escalate the process and speak with a supervisor.  XXXX  informed me that he was a supervisor and was not allowed to escalate, he could only send a message to the " back office '' to request a return call about my claim. I never received this return call.   On  XXXX , I spoke with  XXXX . After repeating to him what had been occurring with this fraud claim, he stated he would try to transfer me to the person handling this case. For some reason or another,  XXXX  was not able to transfer the call. He asked me for my number so that he could have a rep return my call, and I informed  XXXX  that I had left my number many times and had still not received a return call. Once again, no one returned my call.   On  XXXX , I spoke with a  XXXX  in  XXXX  as I had still not received a call from B of A. After holding for  XXXX  minutes,  XXXX  requested another affadavit saying that the payee never received the payment. She said that I would receive the form by email-which I never received. I informed  XXXX  that I never received the email, and she stated to me that she sent a message to  XXXX   XXXX  to resend email and that I should look for the email sometime tomorrow, which was  XXXX / XXXX /  XXXX  .   On  XXXX , I still had not received an email from  XXXX   XXXX . I called and after holding for  XXXX  minutes, I spoke to a  XXXX  in  XXXX . He stated to me that I had called the day before and retracted the claim. This was untrue and never occurred. After reading the notes on the case.  XXXX  stated he was unsure why another fraud statement was needed and that he would contact  XXXX   XXXX  for resolution of this case.    XXXX  contact from B of A.    XXXX   XXXX   XXXX  statement of claimant sent.    XXXX  Spoke with  XXXX   XXXX . She called me after I sent her a detailed email of my frustration with how B of A has handled this fraud claim. She stated that she needed a notarized  XXXX  statement from myself and the payee to whom the checks were intended for. I received an email requesting more documents. I resubmitted the second  XXXX  statement of  XXXX  on  XXXX , notarized by both payee and myself.    XXXX  I have heard nothing from B of A, so I sent an email to  XXXX   XXXX  requesting an update. No reply.    XXXX  Spoke with a  XXXX . She informed me that the case had been closed due to the investigation being completed and that the funds would not be returned.

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