Consumer complaint received 2017-05-02
Company: TCF FINANCIAL CORPORATION
State: MI
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem making or receiving payments

Complaint:
In   XX/XX/XXXX    XXXX    XXXX   merged with Chemical Bank, my bills had previously been automatic electronic payments with  XXXX  on my online bill pay account, yet  Chemical B ank changed my electronic payment to " manual check '' payment on several of my accounts ( without my knowledge or consent ), with the merger beginning in   XX/XX/XXXX   . O n   XX/XX/XXXX  , I realized that  XXXX   XXXX  had not yet received my mortgage payment so in a panic I had a " Stop Payment '' placed on the manual check, and called in my payment over the phone in order to avoid my payment being late. In  XX/XX/XXXX , I had the same dilemma and I AGAIN contacted  Chemical Bank customer service and requested a Stop Payment, on the " manual check '' generated by my Chemical B ank checking account online bill pay account. I was informed SEVERAL TIMES by Customer Service, that my monthly online bill payment to  XXXX   XXXX   XXXX   XXXX  in  XXXX   ( reoccurring scheduled payment ), had " Not been paid out of my account due to the stop payment ''. I called Chemical  Bank customer service MULTIPLE TIMES, requesting an investigation into  XXXX   XXXX  still receiving payment after filing my Stop Payment, yet observing that the unauthorized payment was paid, but yet funds were never taken out of my account? I was informed b y Chemical  Bank that the Stop Payment WAS in effect un til  XX/XX/XXXX , and t hat the error must be on  XXXX   XXXX  side of the issue.   On       XX/XX/XXXX , I aga in called Customer Service inquiring about m y Chemical B ank checking account online bill payment Account Freeze, and I also observed that my  XXXX   XXXX   XXXX   XXXX  reoccurring monthly scheduled payment being CANCELLED on   XX/XX/XXXX , by Che  mical Bank due to Insufficient Funds, when the real problem was that Chemical Bank still ACCIDENTALLY paid my   mortgage payment in spite of a " Stop payment '' being in place. I was informed then by Customer Service that my  XXXX   XXXX   XXXX   XXXX  payment was indeed NOT made on   XX/XX/XXXX  out of my account, due to a Stop Payment STILL being in effect until  XX/XX/XXXX  , but that  Chemical Bank mistakenly made the payment for the second time, and froze my account even though it was the banks ERROR!!! It has since then been discovered that Chemic  al  Bank, IN ERROR and in VIOLATION of my Stop Payment still being in effect, did make th e  XX/XX/XXXX  pa yment to  XXXX   XXXX    XXXX   XXXX   WITHOUT MY AUTHORIZATION, as I was informed by  XXXX  the branch manager at my local  XXXX   XXXX   Chemical Bank b  ranch office on    XX/XX/XXXX . The UNAUTHORIZED and ILLEGAL account freeze that was placed into effect by  Chemical Ba nk on  XX/XX/XXXX , on my  Chemical Bank   checking account and online bill payment account ( which was solely due to Chemical BANKs ERROR ), ALSO has resulted in SEVERAL of my creditors NOT being paid as SCHEDULED since  XX/XX/XXXX , and my accounts being late/ delinquent! Nor did  Chemical Bank inf orm me of the account freeze as required by law, and has consequently affected my good standing with my creditors by not paying my bills as scheduled, and has negatively affected my credit score!!! At that time on  XX/XX/XXXX ,  XXXX  asked if  Chemical Bank  could take/deduct the  TWO  erroneous  XXXX   XXXX   XXXX     XXXX    Payments  that  Chemical Bank had previou sly made (  XX/XX/XXXX  and  XX/XX/XXXX   ),   from my  Chemical Bank c hecking account, or from  XXXX  of the  XXXX  other accounts that I am listed on with other family members with  Chemical Bank.  On  XX/XX/XXXX  I had informed  XXXX  that I DECLINED AUTHORIZATION for  Chemical Bank  to deduct the  TWO previou sly UNAUTHORIZED PAYMENTS to  XXXX   XXXX    XXXX   XXXX    per the " Stop Payment '' placed in  XX/XX/XXXX , from ANY of my  Chemical B ank accounts!!!  XXXX  kept trying to convince me that  " Chemical Bank was kind enough to front you the money '', and that I legally " must pay Chemical Bank back '', even though they IGNO RED the stop payment?  XXXX  stated that she " would see about setting up a payment arrangement, but that until then my accounts/ money would not be touched ''. Shortly after my conversation with  XXXX , I had stopped on my way home from work and attempted to purchase some items at a gas station for {$6.00} with my  Chemical Bank Debit Card, only to have my transaction/ purchase DECLINED, and yet there was a balance on my chec king account of greater than {$900.00}, previously that day!?   When I arrived home I immediately logged onto my  Chemical bank checking account, only to discover that Chemical  Bank deducted  TWO   XXXX   XXXX   XXXX   XXXX  payments from my checking account WITHOUT MY AUTHORIZATION, resulting in my checking account now being in the NEGATIVE, greater than {$1200.00}!!!! Then to add insult to injury,  Chemical Bank has now also charged me over {$400.00} in overdraft fees, that only occurred due to their illegal confiscation of my funds!!! The above actions and UNAUTHORIZED deductions/ transfers of MY funds, and fees made by Chemical b ank,  were made in VIOLATION OF MY LEGAL RIGHTS, according to The Electronic Fund Transfer Act ( EFTA ) ( 15 U.S.C. 1693 et seq. ) of  1978, a nd which also states that I am not responsible nor liable for repayment of the UNAUTHORIZED   XXXX   XXXX   XXXX   XXXX  payments that were made by Chemical Bank, due to the Stop Payment being in effect until  XX/XX/XXXX .     I n accordance with the Electronic Fund Transfer Act ( EFTA ) ( 15 U.S.C. 1693 et seq.  ) of  1978, I exerted/ enforced my rights, and I requested an INVES TIGATION f rom Chemical Bank in writing, into the MULTIPLE ERRORS and UNAUTHORIZED transfers, and now deduction of funds in the amount of {$2100.00} ) o  n  XXXX ,  by  Chemical Bank from my checking account, and to then RETURN the UNAUTHORIZED deduction of funds back into my checking acc ount! I also requested that letters be provided explaining to my creditors that my accounts NOT being paid as SCHEDULED fr om  XX/XX/XXXX -  XX/XX/XXXX , due t o MULTIPLE errors by  Chemical  Bank  with FOUR  Stop Payments that I previously requested, was solely the FAUL T of Chemical Bank , so that good standing with my creditors can be restored, and the negative impact on my credit score be reversed/ corrected!!! I am currently waiting to be in  formed of Chemical Banks investigation conclusion, and CORRECTION into this ERROR/ matter, as required by The Electronic Fund Transfer Act ( EFTA ) ( 15 U.S.C. 1693 et seq. )  o  f 1978.  I  incidentally went to a branch location very far from my little town and had copies provided to me of the " stop payments '', I was very disturbed when I discovered at the bottom of the " stop payment '' agreements that I placed on my   XXXX   XXXX   account until   XX/XX/XXXX ,  that the " stop payment '' agreements were DELETED on   XXXX  !!! Chemical Bank has also still not returned the money to my account, paid my bills as scheduled due to freezing my bill pay account, and is daily adding more overdraft fees  DAILY,   that I am not responsible for accruing!!! PLEASE guide me to where I can get legal assistance with this situation, but also get justice in this matter with  Chemical Ba nk and their bullying tactics!

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 monetary relief