Consumer complaint received 2017-08-29
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MD
Product: Money transfer, virtual currency, or money service
Sub-product: Traveler's check or cashier's check
Issue: Fraud or scam

Complaint:
This is a complaint about Bank of America Date XX/XX/XXXX To Whom It May Concern : I am writing this letter because on XX/XX/XXXX I deposited what I thought was a legitimate cashiers check. I was selling my car on XXXX and was contacted by someone named XXXX XXXX on XX/XX/XXXX via text. XXXX XXXX expressed his interest in the car and said he would send me a cashiers check for the amount I asked for the car which was {$700.00}, but he sent me a cashiers check for {$1900.00} and he sent me a text telling me that his wife got the cashiers check for the wrong amount she thought he was paying more for the car and asked me to send him the remainder once the check cleared. I received the cashiers check on XX/XX/XXXX and deposited it into my savings account on XX/XX/XXXX. On XX/XX/XXXX once I saw that the check had cleared I took the {$1200.00} out and went to XXXX and sent him {$1200.00} because there was a fee. 

On XX/XX/XXXX I checked my account and see that there is a Return Item Charge back for the cashiers check. I call the bank and am told that the cashiers check was not a real cashiers check. I spoke to a young lady who was very nice and explained to me what happened. I then explained to her my side stating the above about XXXX and that I had no clue someone could do this with a cashiers check and was surprised the bank didnt catch the mistake especially with the bank clearing the cashiers check a few days later. The young lady was very helpful and told me that she would put in a fraud claim and that I would get my money back. Somehow we were disconnected. I called back and spoke with XXXX in the fraud department. He told me that he saw the notes that she wrote and told me that she wrote good notes. XXXX finished taking the information for the fraud claim and told me that I would get my money back also, the amount that was owed to me at that time was {$460.00} which was actually my daughters direct deposit from her job, they took the {$700.00} that was left from the {$1900.00} that I never touched and the remainder of her money. XXXX informed me that since the charge back was still processing he could not refund the money until it was done processing. I asked how I would receive the money back since that account would be frozen and investigated. I was told to open another bank account and to call back on XX/XX/XXXX after the charge back completed processing and they would deposit the money into that account. 

Well on XX/XX/XXXX I went into the bank between XXXX and XXXX. I opened another bank account and then called the bank about my daughters direct deposit being given back and deposited into the new account ( the XXXX ). I spoke to representative named XXXX. XXXX told me that I would not be getting my money back. XXXX  then went on to tell me that I should have known better, I need to associate with better people, that I took the money out of the account and that he doesnt know who told me I would be getting my money back, but they told me wrong. Im trying to explain that was not what I was told. XXXX then says you need to investigate the people you hang around implying that somehow Im involved in this. I ask to speak to supervisor and XXXX is very nasty and I cant remember what he said but because I was frustrated it caused me to begin yelling put your supervisor on the phone and he kept saying I dont understand you, I cant understand you, your to loud I dont understand you. He said this about ten times remind you Im at a bank of America and the young lady that was helping us XXXX said she couldnt do anything. A supervisor was finally put on the phone his name was XXXX in the fraud claims department he was condescending and told me that since I am the one who withdrew the money I was responsible for it and that the bank would not be refunding me my money. XXXX and XXXX both made the comment that this happens everyday. I told XXXX if it happens everyday how come the bank is not better at catching these types of incidents, why would the bank allow this check to clear and then try to blame me the victim for something they should not have cleared. I told him that I filed a police report and that I would call back and give them the report number which I did. The Police report # is XXXX. The officers name was XXXX. When I explained to him what happened he could not believe the bank would not give me back my money he and the detective who is going to investigate this could not believe the bank would not give us back our money and that the bank should have caught the fraudulent check. 

In closing let me say that this has been a horrific and still very stressful situation it has caused me to get behind in my rent and has put me in jeopardy of loosing my home. I would like all my money back along with the fees. I hope this can be resolved with out having to pursue further avenues. If you have any questions or concerns I can be reached by phone on ( XXXX ) XXXX and my email is XXXX. Thanks in advance for your time. 


Sincerely,

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