Consumer complaint received 2022-06-16
Company: TD BANK US HOLDING COMPANY
State: MA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/2022, a fraudulent check was cashed for {$7300.00} from our joint checking account ( married couple ). The check # XXXX had been stolen from a US post office mailbox ( apparently ). The original check # XXXX had been written on XX/XX/2022 to TD Bank to make a credit card payment of {$350.00}. The {$7300.00} check ( now re-dated XX/XX/2022 ) was cashed at XXXX  XXXX XXXX on XX/XX/2022 by XXXX XXXX. In the copy of the scanned check provided by the bank, you can clearly see that the fraudulent check was written over the original check -- with the original writing showing beneath the fraudulent writing on the check. When the check was cashed it XXXX  out our account -- to the penny -- it cleaned out our checking account. 
As soon as I saw this in my TD Bank app, I went directly to the bank on XX/XX/XXXX and reported the problem -- that I had not written a check to XXXX XXXX for any amount. I had proof that the {$7300.00} check amount was overwritten because I use duplicate checks and I showed them the original check duplicate copy. At that time, bank personnel agreed that this was clearly fraud and they contacted their Fraud department to report the problem. I was told initially that because we had caught it so early that the bank would refund the money within 10 days. However, even though I showed them the duplicate check they did not make a copy of the proof and said they didn't need it. Two weeks later I got a letter in the mail asking for the proof, which I had offered them the day a reported the fraud. I went back to the bank again to re-show them the duplicate check and this time they made a copy of it. 
To prevent further fraud on our checking account, on XX/XX/XXXX, I closed our checking account and opened a new one, which was an inconvenience but the prudent thing to do. 
I have been back to the bank numerous times to check on the status of our case and expected the money to be refunded long ago. After 10 days had passed, they said it might take three weeks. They are now telling me that TD Bank has to recover the money from XXXX  XXXX XXXX before they can refund the money to our checking account. It could take up to 120 days. 
Now it's been nine weeks and our funds have not been replaced. This has caused hardship for us because we need those funds to pay bills. The bank has more ability to float the funds than small consumers like my family. 
TD Bank 's treatment has been unfair and misleading. They have changed the timeline of our refund numerous times, which makes it difficult to plan our budget for bill paying. We are unable to contact TD Banks fraud department directly. The letter they sent me provided no contact information except a name. Even the bank manager says that the fraud contact does not answer her emails and she has no phone number for him. 
I want an immediate refund. It is clear that we did nothing wrong and that the banks cashed a clearly fraudulent check. We filed a police report but nothing has come of it. 
In addition, XXXX XXXX forged another fraudulent check from our account on XX/XX/2022 for {$8300.00}. This time it was a completely fraudulent check ( not an original check written over - but " made up '' ). This transaction caused TD Bank to automatically remove that amount from our Savings Account to cover the overdraft in our checking account ( an overdraft protection service ). Because we had closed the original checking account, the bank did not pay the {$8300.00} check, but we had to move money between our savings and checking accounts to make sure that other checks did not bounce with additional overdrafts.

Company response to consumer: Closed with explanation