Consumer complaint received 2017-08-27
Company: TD BANK US HOLDING COMPANY
State: NY
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem making or receiving payments

Complaint:
I disagree with my TD bank decision to freeze my account for the following reasons and as a relief I pray that the Government will issue an order to unfreeze my account and have all funds returned to me to the previous amount with all applicable interested accrued for the following reasons : ( I ) The Bank failed in its contractual obligation to protect me as its customer based on clear and convincing evidence that the allegations of fraud filed against me are FALSE. The facts underlining the case to prove its a false claim are as follows : On XX/XX/XXXX I signed the one year- leasing agreement of with landlord, XXXX XXXX , to rent an apartment. Some time around XX/XX/XXXX I made an oral agreement with the landlord at LANDLORDS REQUEST, where we both agreed that I will leave his apartment as soon as I get the new one and he will refund me money for the last month rent and the security deposit. The one month rent was supposed to be {$2500.00} and the security deposit is supposed to be {$2500.00}. On XX/XX/XXXX the landlord refunded me {$2500.00} for security deposit and {$1800.00} for the one month rent, which was prorated, because I agreed with him that I will leave on XX/XX/XXXX instead of XX/XX/XXXX. The entire total refund was {$4300.00} and it was issued to me by the landlord using his check from XXXX XXXX. Landlord himself signed the check in my presence and issued to me in hand on the street. The landlord asked me to leave, even though I didnt have to, because he received a fine from XXXX XXXX XXXX Buildings Department for violating municipal statute of working without City-issued permit. He begged me to leave because he did not want to get any further violations from the XXXX XXXX  XXXX Building Department. I felt bad for him and thats why I decided to voluntarily depart. 

On and around XX/XX/XXXX I discovered that my account has been frozen. I went to TD Bank Branch on same day and I was told the reason for my account being frozen because of the fraud investigation regarding the check that was signed and issued to be by landlord. 

To support the investigation, I provided the following documents to the TD Bank investigator XXXX ( XXXX ) XXXX, who assigned the case # XXXX, and his tel # ( XXXX ) XXXX : ( 1 ) copy of my one-year leasing agreement ; ( 2 ) general receipt # XXXX, which was dated XX/XX/XXXX and signed by me at the direction of the landlord to affirm that he paid me {$4300.00}. Such documents were provided to him on or around XX/XX/XXXX. 

TD Bank could have already closed this investigation because the signature on the check is the same landlords signature that appears to be on the leasing agreement. Moreover, I have witnesses that know that the landlord must refund me the money. At this point it should be clear and convincing evidence that the check issued by the landlord was legitimately signed. Moreover, from rational perspective, if the landlord claims fraud, how is it possible that I acquired landlords checkbook? Did I rob him, or make him signed under some duress, such as at gunpoint? It just makes no clear sense from reasonable mans perspective that the landlord reported fraud to a check that he himself signed willingly and voluntarily. The moment that the Bank investigator received all the clear and convincing evidence, thats when the Bank should have unfrozen my account ( II ) The Bank failed to investigate in timely manner. As I mentioned in my first clause, the Bank should have immediately unfreeze my account the moment the Bank received clear and convincing evidence. 
( III ) The Bank violates my constitutional rights because it freezes my assets WITHOUT any government or Court order. I rely on the funds on this account not only to pay my bills, but also to get money for my basic needs, such as food and clothing. Thus for a bank to freeze my assets without government warrant or Court order would be unconstitutional.

( IV ) The Bank failed to file charges against the landlord for false reporting and fraud. The motif of the landlord is clear : he wanted to get the money back because the easiest way to get money back is by claiming fraud. Additionally, he really needed to get the money because he is probably paying fines to the City and his defense attorney. 

I ask that the TD Bank agrees to unfreeze my account, OR I will ask that your governmental agency intervene and compel the Bank to do so. If the Bank will not voluntarily comply with my request to unfreeze the account and pay applicable accrued interest, then I will go to New York Supreme Court and will file the case against the TD Bank and against the landlord. The relief I will be asking from the Court would be the following against TD Bank as a primary defendant : ( 1 ) An injunction compelling the TD Bank to unfreeze my account ; ( 2 ) Provide an applicable accured interest ( 3 ) Provide the attorney fees ( 4 ) Punitive damages for violating my constitutional right of freezing my account without government order or Court order, thus depriving me of funds to pay for my basic needs ( 5 )  Any excess money owned as a result of late and missed payments for needs, such credit cards, rent, car payments, utility bills, etc because this is my PRIMARY ACCOUNT ( for example : because of missed payment due to account being frozen, I incurred late fees and interest on my credit account. ) The relief I will be asking against the landlord will be as follows : ( 1 ) {$4300.00} plus court interest ( 2 ) Attorney fees ( 3 ) Punitive damages for common law fraud and applicable statutes that deal with fraud I hope that the Bank will take my complaint seriously and will resolve the issue civilly before I proceed to litigation as the next step.

Company response to consumer: Closed with non-monetary relief