Consumer complaint received 2015-11-18
Company: NAVY FEDERAL CREDIT UNION
State: GA
Product: Bank account or service
Sub-product: Checking account
Issue: Making/receiving payments, sending money

Complaint:
On or about XXXX XXXX, 2015, my wife and I called Navy Federal Credit Union ( NFCU ) to see if my pay check had been deposited into the account yet. When we called, the NFCU representative told us that our account had a negative balance. After inquiring why, they informed us that a check for {$1500.00} had not cleared and bounced, so they were taking the money from our account. They told us that someone had deposited a check electronically and removed the money from our account. We informed them that my family does not use checks, and the only money we put into our account is from Federal Agencies ( pay checks ). Then we found out what we needed to do to dispute this fraudulent activity. NFCU told us that if we went and got a police report and brought it in we would be refunded in less than 48 hours. 

After obtaining the police report we brought it in to the branch in XXXX, GA. They said okay it will be refunded in less than 48 hours. 48 hours passed with no action. So three days later we called. Then we were informed that a gentleman and myself, XXXX XXXX, had showed up with the check at the branch in XXXX Georgia on XXXX XXXX, 2015, went to the counter and made the transaction. So therefore they would deny the fraud claim. But they stated they wanted an affidavit saying that I was not present in the location on XXXX XXXX, 2015, because they wanted to look at the cameras to see if it was actually me that showed up in the branch. We completed the Affidavit and gave it to the branch, but they refused to accept this affidavit and wanted me to sign XXXX provided by them. The next day our claim was denied again. 

When we called to learn why they had denied our claim again, they told us that the man had come into the branch alone on XXXX XXXX, 2015, and that he was to deposit a check into our account and withdraw the cash value of the check. The check was made out for {$1500.00} and was made out to me. They said that NFCU called me to receive authority for the transaction to take place and that I authorized it. I did not receive a phone call from them and I did not authorize the transaction, but NFCU used their story to deny our claim again. 

After this denial, NFCU confiscated XXXX of my pay checks, as well as my children 's savings accounts and froze our account. The freeze stopped XXXX automatic payments from being withdrawn from the account to pay for XXXX loans we hold with Navy Federal, and has resulted in us falling behind on those payments. 

On XXXX XXXX, 2015, I met with a legal assistance attorney in the XXXX Office. He called NFCU with me and NFCU told us that they had a recording of my authorization for the fraudulent transaction to take place and that therefore I was a party to the fraud and NFCU would not reimburse my funds. NFCU told the legal assistance attorney that they would not release the telephone recording without a subpoena despite that being the sole reason they denied my fraud claim and the fact that I disputed ever authorizing the transaction to take place whether on the phone or otherwise. 
As you can see, I was the victim of a theft of all my private information from the OMP records, so that may have contributed to my situation

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with monetary relief