Consumer complaint received 2022-12-09
Company: BANK OF THE WEST
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
This happened at my daughters bank about XXXX XXXX ago. Im just now notifying you because I didnt know at the time I can report this to your company and I feel customer of this bank may still be taken advantage of. This is Bank of the west in XXXX California. Cross streets XXXX and XXXX. Here is the copy I sent to the fraud department at bank of the west and was told they would investigate but heard nothing back even after a year and half. 


On XXXX my XXXX daughter, XXXX XXXX with her dad made an ATM deposit of $ XXXXthrough Bank of the West ATM XXXX XXXX and XXXX XXXX XXXX XXXX CA XXXX This is her first account so her dad made sure the money deposited was correct. A week and a half goes by and XXXX asked me why her money is not showing up in her account and has been patiently waiting. I looked at her account and noticed that the deposit was not credited. I went into the XXXX XXXX andspoke to the teller who told me that there was nothing that they can do since it's not showing up on the account. I then ask to talk to the manager in charge and explain her my situation and she was very helpful. She helped me file the dispute for {$1200.00}. Days later, {$970.00} was put into the checking account. Missing was {$230.00}. My husband went back in to talk to someone. This time he spoke to XXXX XXXX. XXXX told XXXX XXXX that the money paid to XXXX XXXX was money that was the unclaimed portion, therefore the amount missing will not be refunded. He was told there was nothing else they could do. Feeling bad for our daughter, my husband made a deposit to make up for the difference so that she doesnt feel bad losing the money she worked for. 
When I heard what happened, I scheduled time yesterday, XXXX XXXX and called the branch and spoke to XXXX XXXX and told him the story. I asked to speak to the XXXX gal who helped me filed the dispute the first time and he prompted told me she was no longer with the bank. XXXX then told me there was nothing he can do for me because that was all that was left unclaimed. I told them that I would file a dispute with the CFPB if I needed to but he didn't seem like he cared. I asked to speak to the manager and was informed he was at lunch and would call me back. 
XXXX XXXX called me 4 hours later to pretty much tell me that there is nothing that they can do. I told XXXX that is it not right to take funds from XXXX old that worked and savedher money because of an ATM malfunction. In fact, I was told by the employees that the ATM had several of the same issues for the past couple of weeks. We had to report the missing funds, and when funds were deposited, we were not notified of the deposit nor the difference in deposit amount.I had asked XXXX for records and he told me it's our fault since we no longer had the receipt. In all my years of banking, I have never had an incident such as this and typically, receipts are thrown out after a couple of days. I told him that I wanted to escalate and he seemed nonchalant about it. Someone has to take accountability for machine failures and that someone shouldn't have to be my daughter. 
After we hung up, I was angry that equipment failures would become her loss. I had a feeling that XXXX wouldn't escalate so I called him back to ask him for his manager 's name. It went straight to voicemail. I called the call center and they patched me through to the branch receptionist. I asked for his boss 's name and was told they can't give me that information. 
I don't want to file a formal complaint if I don't have to and that is why I am reaching out to you. Both XXXX and XXXX did not handle this situation well at all and I don't appreciate them blaming us for not keeping receipts stating all they credited was what was unclaimed. That statement alone doesn't make sense. Also, we have the option of getting a receipt or not at the ATM so how valid is his claim of me having to keep receipts. 

Please look into it. Thank you. 
XXXX XXXX XXXX

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