Consumer complaint received 2016-09-15
Company: TD BANK US HOLDING COMPANY
State: SC
Product: Bank account or service
Sub-product: Checking account
Issue: Making/receiving payments, sending money

Complaint:
The IRS has been direct-debiting from TD Bank, monthly, since XX/XX/XXXX/XX/XX/XXXX. 
Over the past few months, I have been moving from TD Bank to a local SC bank where I can have a joint account with my brother ; our sister ( who is XXXX ) is moving from XXXX to XXXX. I will be her care giver ; my brother has power of attorney and is in control of her financial support ; we have a joint account to facilitate setting up housekeeping, etc. 
In XX/XX/XXXX, I notified all of the companies that have a direct debit arrangement with me of the change in banks, effective XX/XX/XXXX. I also called the IRS to cancel the direct debit and to start paying online. Because the arranged payment date was 10-14 days away, the IRS person suggested that I keep the current direct debit arrangement ( at TD Bank ) for the XX/XX/XXXX payment and start paying online in XX/XX/XXXX. I agreed and said I would keep a bit more than enough in the TD Bank account, would watch for the payment to clear, and only then would I close the account. 
On XXXX XXXX, XXXX, I began watching TD Bank for the IRS payment. Monday, XXXX XXXX, was a bank holiday. On the morning of XXXX XXXX, the TD Bank online system showed the IRS payment was " pending ; '' ... the only payment pending ; my bank balance was {$420.00}. I expected the IRS payment to go from " pending '' to post as " paid. '' On the afternoon of XXXX XXXX, the TD Bank online system showed the IRS payment " pending '' as well as a {$190.00} student loan payment " pending '' and a projected balance of - {$160.00} in the account. The student loan company had failed to make the change in bank information. I called TD Bank and asked to stop/refuse payment on the student loan request. They would not stop or refuse the payment because both the IRS and the student loan payments were " pending '' and " could not be stopped '' : " Both are going to be paid and since you are now overdrawn, there will be an additional {$35.00} charge for the overdraft. '' I made it very clear that the IRS payment was most important ; I was assured by the branch manager via the customer service person that the IRS payment " would be paid. '' XXXX XXXX, another direct debit ( also an error in banking info due to my account being transferred to another agent ) appeared as " pending '' of {$170.00} ; the IRS and student loan payments were no longer in a " pending '' status but were posted as paid. The available balance ( which included 'pending ' debits ) showed as - {$340.00}. I was unable to secure reversals or timely refunds from those companies. 
On XXXX XXXX, according to the online system, TD Bank had reversed the payment requested by the IRS ( after it had been posted as " paid '' ), had rearranged the timing and order of all three drafts, and had honored the other two payments. ( By the way, although this resulted in a positive balance on the account, TD Bank still charged me an overdraft fee of {$35.00}, which takes me back into the red. ) I am filing a complaint against TD Bank for ( 1 ) denying me the right to stop payment to the student loan company even though that payment was unauthorized, saying " pending payments can not be stopped or reversed ; '' ( 2 ) manipulating the timing and the order of drafts ( after the drafts had been posted as 'paid ' ), reversing the one payment of greatest concern to me ( and I had made sure the bank personnel knew which payment was of greatest concern to me and why ) ; and ( 3 ) charging me with an overdraft fee which I do not owe, especially after they manipulated the timing and order of drafts. 
I gave the IRS my word ; I acted proactively with all companies concerned, as well as the Federal Government, to ensure they had the correct banking information. I believe I handled these issues in the best possible manner.

Company response to consumer: Closed with monetary relief