Consumer complaint received 2023-01-15
Company: TD BANK US HOLDING COMPANY
State: MA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I am writing to you for the second time because I dont feel like the outcome is acceptable. During the month of XXXX I was put in XXXX. From XX/XX/XXXX to the XXXX. During which time my boyfriend at the time, used my card without my permission. ( We are no longer together ). He put my account in the negative almost {$800.00}. So not only did he spend the XXXX $ I had in the bank, he also spent {$800.00} that I didnt have in the account. In doing so it caused my entire following check to be garnished. Now I had told my mother to take some money out of the bank for taking care of my kids while I was in XXXX. When she attempted to do so, she was denied for lack of funds. I had her log into my online banking and thats when we discovered the fraud. Immediately my mother called the bank and tried to shut down the card but they said the couldnt because she wasnt me. So we attempted to stop the fraud right away but was denied the ability to. So when I got home I submitted a dispute. I provided proof XXXX, a letter from my XXXX XXXX, and a police report. They denied my claim because they said the pin was used. Which if it was it wasnt my fault. I never gave out my pin to anyone. He guessed it because he knew me and knew my important numbers. Or he watched me type it in some other time during a pos. So I in fact never gave him permission to use the card. The definition of fraud is the unauthorized use of. There is no addendum saying unless your pin was used As a matter of fact the law states they can not deny my claim on the fact that the pin was used. And I am only liable for {$50.00} dollars worth of that money. I know the laws and TD bank is not following them. I want my money back and I wont stop until I get it. Its nearly XXXX $ and that is why they dont want to pay it back. But I am not paying for something I didnt do nor did I authorize the transaction. They also said they tried to contact the XXXX court house which I dont even know how they knew which courthouse to contact, because I never told them. But they said they called them and couldnt confirm my XXXX. Which it is public knowledge and they would have confirmed it but the person called the courthouse at XXXX XXXX. The court doesnt open until XXXX. So their attempts to investigate were flimsy. Also they never tried to contact me to ask me what had happened with the claim at all. If they had done so I would have been able to explain some of the reasons for the denial. Then the lady at the bank tried telling me that it was XXXX that denied the claim. Which it was not. It was TD and only TD. It had nothing to do with visa at all. Lastly, of that when I signed up for the bank account they had a promotion saying XXXX $ free with a new checking account. I signed up for the checking account using the link provided and I waited, and waited, and waited. No money was ever given. So I inquired about the promotion and was told I didnt qualify because I had a previous account with them. Well the truth is, Ive never ever had a TD bank account and if someone opened one under my name, it was fraudulent. I just think they said that because they didnt want to pay me the {$200.00}. Right on their webpage it says customers are not liable for unauthorized charges. Well I never authorized these transactions so why am I liable? Just because my pin was used? That is no reason. Negligence is no reason to deny a claim. I wasnt negligent I was scammed by someone who used me for my money. I should not be held accountable for his actions. I filed charges and he got XXXX  with no restitution!!! So Im out {$2000.00} and lost my apartment and also fell behind on XXXX XXXX. I want justice!

Company response to consumer: Closed with explanation