Consumer complaint received 2023-07-11
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Checking or savings account
Sub-product: Other banking product or service
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
On XX/XX/2023, I received an alert that a payment had been made for my Bank of America mortgage. I had sold my home in XXXX and had paid off my Bank of America mortgage in XXXX at settlement. I first thought that Bank of America didnt stop the automatic payments. 

When I called, it was brought to my attention that a XXXX XXXX XXXX, who we do not know, had called in using my Bank of America checking account to pay his Bank of America mortgage. I was told then that he had called for 68 months and made his Bank of America mortgage payment using my Bank of America checking account. The start date was the exact month that my first Bank of America mortgage payment was automatically paid. Since I must verify my identity several ways on every call to Bank of America, I am shocked that someone could call Bank of America XXXX times without verification and use our Bank of America checking account to pay XXXX XXXX XXXX Bank of America mortgage. 

The agent, who filed claim XXXX, worked with me to stop payment on the attempted XX/XX/2023 payment by XXXX XXXX XXXX, and Bank of America sent me a letter just XXXX days later on XX/XX/2023, letting me know that the XX/XX/2023 credit for {$1000.00} and the XX/XX/2023 credit for {$1000.00} were now permanent. The other XXXX credits, for {$6900.00}, were temporarily applied to my account. 

On XX/XX/2023, I filed claim XXXX for the other XXXX transactions for {$35000.00}. 

I called Bank of America numerous times between XX/XX/2023 and XX/XX/2023 for the status of claim XXXX. It just didnt make sense that it should take that long when every debit to my account was under the exact same circumstances. 

I received a letter a week dated XXXX XXXX, stating that We made this decision from information from the merchant such as signed receipt or contract that The charge ( s ) was authorized by you or made by someone who has permission to use the card or account and If youd like to request copies of the documents we relied on to reach this decision, please call us. 

I called and spoke to four agents and several levels of managers, and each one has told me that there are no documents in the file to support my authorization which your representative said would be available when I called in the letter dated XX/XX/2023. Bank of America has the recording of all XXXX calls from XXXX XXXX XXXX. I assure you that neither my wife nor I was on any of those calls authorizing the use of our Bank of America bank account, nor is there any other nonfraudulent documentation that you could provide showing our authorization, evidenced by the fact that there is no supporting documentation in my file and the immediate reversal of XXXX, XXXX, and XXXX debits to my account. All the transactions are from the exact same circumstance, and all are within Bank of America. 

I escalated both claims to XXXX XXXX, XXXX of XXXXXXXX XXXX  at Bank of America. Email : XXXX. After escalating this to XXXX XXXX, less than 10 days later, on XX/XX/2023, Bank of America reversed their decision on claim XXXX and issued the remaining XXXX permanent credits on that claim for {$6900.00}. This left claim XXXX for the other XXXX transactions for {$35000.00}, made under the exact same circumstances open. 

It has been Bank of Americas fraud department 's modus operandi to deny the claim for an inaccurate and irrelevant reason. 

On XX/XX/2023, I received a letter from Bank of America dated XX/XX/2023, that case XXXX was not approved because it was greater than 12 months old and that I could contact the merchant. Obviously, there is no merchant involved, just Bank of America Mortgage, their financial institution. 

I disputed the denial by fax and with an email to XXXX XXXX on XX/XX/2023, and I requested that Bank of America keeps all recordings and documentation related to this case. I also requested that they reopen the claim and return my funds. 

I have left a dozen or more messages for both XXXX XXXX, XXXX, and XXXX XXXX from XXXX XXXX escalation team, and neither has had the professionalism to return a single call.

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