Consumer complaint received 2018-05-03
Company: EVERBANK, NATIONAL ASSOCIATION
State: CO
Product: Credit card or prepaid card
Sub-product: General-purpose prepaid card
Issue: Problem with a purchase or transfer
Sub-issue: Card company isn't resolving a dispute about a purchase or transfer

Complaint:
This complaint is in regards to the Financial Intelligence Unit and The dispute department. Mostly involving XXXX XXXX XXXX ( or XXXX ), and XXXX XXXX. Back In XX/XX/XXXX I had discovered a old roommate had gained access into my online account for the XXXX XXXX prepaid debit card. He even called in to the company using my name and information to have the password reset. I had just received a deposit from my sisters account at XXXX XXXX, it was some investment account she was closing down and the sum of that deposit was {$4900.00}. My sister was going into a treatment center and I had custody of my niece and nephew and the money was for XXXX and for her bills. The Roommate who stole the card and money had overheard or knew it was coming from just mine and my sisters conversations. I wasn't suppose to use that money for anything other then Christmas and bills so it sat on the card and I wasn't using it and had to reason to be going online and looking at it. When I finally did I realized that I couldn't log in and so I called in and found out that the Financial Intelligence Unit deactivated my card and that there was {$5.00} on it. I went into a panic and ever since the beginning of XX/XX/XXXX I have battled ad battled daily with the XXXX card as well as Ever bank FIU. I of course pressed charges on the guy who stole the card he was arrested he admitted to the crime when offered a plea agreement. The dispute was originally denied so I called back in and the reopened it because at that point I had all the court paperwork and the affidavit of the confession as well as documents from the District attorney stating the card had been compromised. The guy who did it plead guilty and is serving a community corrections sentence. I called in almost daily to these companies and was told that they had 90 days to reach a resolution on my dispute. I was told every time I called that F.I.U. are the ones who make the final call on this decision. So the 90 day mark came and went and still nothing. I called in 3 times a week and every time I called in i was told they were escalating it to upper management for review and they had 72 hours to respond. Not once had they responded. There was a transfer that was done for {$1500.00} that was suspected as fraud so they stopped it on another cardholders card he was friends with the guy who stole it. so they suspected fraud but yet when I file a fraud dispute they rule against me. That money is still on that card. They wont give it back, my lawyer reached out to the guy and he himself called in and they wont give it to him and they say the money will be released to the original remitter which is my sister or I. I had full power of attorney over all her finances and I have sent all that documentation in all notarized, My sister has reached out to them they guy who stole the card has even called in and no one is cooperating and it all centers around XXXX XXXX XXXX and XXXX XXXX not doing their jobs and the dispute department not doing their jobs. I even provided on the dispute the contact information to the investigators who were investigating it for criminal charges and they never once reached out to them. they didn't even look into my dispute and i'm suppose to receive and letter explaining the dispute process and why they decided what they did and i never got one and ive requested one many times. as of now Ever Bank FIU department has failed to protect me as a consumer and lied and i am out {$4900.00} as of XX/XX/XXXX and have been fighting this for 7 months. pages upon pages of emails where they just open a work order and close it no response

Company response to consumer: Closed with explanation