Consumer complaint received 2021-08-26
Company: BANK OF THE WEST
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Fee problem

Complaint:
XX/XX/21 attempted to call customer service center. On hold 55 minutes. Had to hang up. 
XX/XX/21 on hold 45 minutes. Rep, transferred me to XXXX a supervisor. After discussing that I had not had a negative balance, XXXX advised me it was a pending debit card purchase to XXXX XXXX that I was charged me. I advised that shouldn't be as my account shouldn't be charged on debit card purchases that would take me overdrawn. XXXX disconnected the call. 
XX/XX/21 XXXX visit to speak to the manager.

During conversation when I asked the manager to confirm the default setting so Point of sale is not approved, he confirmed it was and then informed me that it wasn't the XXXX purchase, it was an ACH for XXXX XXXX. A quick change of transactions from one not eligible for a fee, to one that is. However as I asked him, provide physical proof, that is different from my statement that shows a negative balance. He was unable. He also told me he did not have the power to reverse more than one courtesy fee and that he would have to send request through to his regional manager. I accepted him at his word. He called me one hour later and said no, I again asked for proof of a negative balance and again it was not provided or offered. 
I called a call center again, spoke to XXXX, who transferred me to XXXX. With the discussion, XXXX told me that in fact the local Manager does have the power to reverse fees, however XXXX does not but after much insistence, I asked his Manger to call me. He said his manger XXXX was in a meeting but would call me afterwards. 
No phone call was received. 
XX/XX/21 After numerous messages to the bank XXXX account, I received a phone call. Again, despite repeated requests, no proof has been provided, just verbal assurances that a valid purchase was made that pending, made me overdrawn, but posted it did not. Advised it was the XXXX XXXX purchase. Again pointed out the point of sale default setting and she hurriedly changed it back to XXXX life transaction. 
I kept insisting that I can't just go on their word, that I wanted a document showing my overdrawn balance. Phone call was disconnected. 
I went to the bank and directly asked the manager if he did or did not have the power to refund fees based on what he said to be yesterday. He refused to answer the question, I asked him if that was because he didn't want to be caught in a lie, he just kept repeating the fees were not being refunded and refused to answer any other question I asked of him. I asked the assistant manager to request the regional manager call me. 
XXXX XXXX called me stating she was the regional manager. ( XXXX XXXX XXXX ) She was very impatient, refused to acknowledge what I was saying and just continued to reiterate that fees were not being waived. I asked for a complaint procedure and she terminated the call with me. I am left with my bank statement showing credit balance but still being charged a fee for an overdrawn balance and apparently according to my local Bank of the West I have no recourse.

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