Consumer complaint received 2019-04-25
Product: Checking or savings account — Checking account
Issue: Managing an account — Deposits and withdrawals
Company: TD BANK US HOLDING COMPANY (NY)

The issue is this : My husband purchased a house in XXXX, the current occupants will be buying this home when they are able. In the meantime they are paying us to cover the mortgage payment. 

1. My husband opened a checking account in the same bank as the individuals that will be buying the house, TD Bank. He also decided to have his retirement money sent ACH once a month to the account to keep it open per their bank rules. 

2. The problem arose in the last two months with TD Bank, meaning I have the occupants of the house write me a check so I can pay the mortgage. Normally I deposit the check in my account which is in another bank. I decided since they were late with the payment to directly deposit the check into the same bank as it was written upon. 

3. Unfortunately the check had to be rewritten four times, because one of the occupants went on a XXXX leave from his job and is getting his basic salary erratically. This was explained to me when I told them of the problem I was having with the checks coming back, stating insufficient funds and I am paying the fees. I told them I couldn't take another check unless I knew the money was in the account. They issued me another check whereas I knew the funds were available. 

4. Since the reissuing of the same check several times, it came time to cover the current payment. The check was issued with funds being available in the occupants ' account since the TD Bank recording stated there was ACH deposit. Based on that information I deposited that check in my husbands account on XX/XX/XXXX in TD Bank. 

5. On XX/XX/XXXX I tried logging in my husbands account to see what the balance was only to find I was not able to, it directed me to a customer service person. My husband gave permission for them to speak with me to explain what was going on. This is what I was told ; because of a negative balance I was not able to access the account, and once I paid the negative amount I would be able to access the account. Since I could not access the account, I asked what had happened and to give me a break down of what the amount is and for what.. The customer service person told me the negative balance was {$350.00}, I proceeded to ask for a more detailed break down so I knew what I was dealing with. I was told that the account was charged {$35.00} for insufficient funds and {$15.00} for a returned check plus several other items that she did not give me. My understanding is ; when a check is issued to you the presumption is that it is your money to spend how you wish, especially when I heard from the TD Bank recording that the funds were ACH deposited. into the account that the money was drawn upon. I asked the customer service to give me an explanation since I knew the money was in the account and what in the world happened. I told her why were we being punished and charged twice for the same situation. that we did not create.. I asked how does this get resolved since I can not get into the account, and she explained that I needed to pay the negative balance first. I went into the bank today with a new check which I knew the money was in that account and asked them to deposit it into my husbands account as cash. I was told they couldn't do it because the computer would not allow it. I asked them to cash out the check because it was written in my name, which they did. 

6. This sounds to me that TD Bank closed out my husbands account unfairly based on someone else actions and he is paying the price. Does not sound legal. We were wronged in this matter by TD Bank and they should be held accountable. The correct manner is ; the negative amount to be paid by us, and we will close out the account, not TD Bank. Furthermore if they issue any derogatory remarks against my husbands name, we will take the necessary legal steps to correct this matter and we will put a monetary figure on the complaint issued against TD Bank for their unethical practice.