Consumer complaint received 2022-12-07
Product: Checking or savings account — Checking account
Issue: Managing an account — Funds not handled or disbursed as instructed
Company: OLD NATIONAL BANCORP (IL)

I am a victim of the current check theft scheme from US Post Office mailboxes, XXXX XXXX of payee by the thief and then improper deposit of the check by XXXX XXXX XXXX and refusal or inaction on the part of my bank, Old National, to secure return of my funds after reporting the theft to the XXXX Police Department and Old National Bank. 

On or about XX/XX/2022, a check I placed into the US Post Office mailbox at the US Post Office at XXXX XXXX XXXX XXXX IL, XXXX was stolen by an individual using the name,. The check written in pen and was made out to my mortgage holder in the amount of {$6800.00}. The perpetrator partially acid washed the payee 's name and wrote the name identified above over the original payee 's name and deposited those funds into a XXXX XXXX  XXXX account ( copy of the altered check and deposit information attached ). 

On XX/XX/2022 I received notice from my mortgage company that my XX/XX/2022 mortgage payment in the forementioned amount was not received by them. I commenced an electronic record trace of my check and discovered the fraudulent alteration and negotiation of my check by the XXXXXXXX XXXX XXXX  XXXX. 

On XX/XX/XXXX, I filed a report of the stolen/faudulently endorsed check at my local Old National Bank . I was instructed, in addition to their forms for this problem, to go to the XXXX Police Department to file a report of the theft. I immediately went to my local precinct, filed the attached report, and returned a copy of the same to my local Old National Bank to complete the process of filing a report of the theft and to secure the return of my funds. I was told by that bank officer that it could take a week to 10 days to secure the return of my funds, but that it was likely I would receive those funds by the end of the week. My account upon which this check was drawn was " frozen '' so that no funds on deposit could be accessed without a personal override by my personal banker. Once the report was filed by this officer, I was told that my personal banker would shepherd the payment of any preauthorized deductions from the closed account for XXXX. 

According to my personal banker, the matter was referred to Old National 's fraud unit for investigation and resolution, but that I would likely not see return of my funds for two weeks. I coorperated with all requests for additional copies of documents that Old National sought from me to assist in their invesitgation. I awaited a response from them. 

When I received no response from Old National, I commenced a series of requests for status update as to the return of my funds from Old National through my personal banker. Most of the time she simply did not respond. On 2 occasions she did, noting that she had enlisted her superiors to assist in the process of securing the return of my funds, but without any information or promise of information as to when my funds would be returned. After weeks of no action on Old National 's part I even wrote to the President of Old National to inform him of my dilemma and displeasure with the inaction of Old National. I received no response from him either. I even requested permission to deal directly with Old National 's fraud department personnel investigating my case, but that request has also been ignored by Old National.

In the interim, my personal banker has also been derelict in her promise to shepard my preauthorizations for credit card payments established before the theft, such that my credit card payments were not timely paid as set up on my automatic payment calendar, my credit lines have been reduced by the credit card companies and my credit report has been adversely affected. 

It has been more than 1 month since I reported this event to Old National and I have no resolution nor any timeframe for resolution of return of my funds. I am aware that the UCC Article 3 makes it clear that Old National is liable to me for the payment of this altered check and can exercise any rights it has to recover those improperly paid funds from XXXX XXXX XXXXXXXX, but I should not have to wait for recovery of my original funds from Old National notwithstanding any problems Old National and XXXX XXXX  XXXX are having with each other as long as I have acted timely and in good faith with Old National in informing them of the incident and reuqest for return of my funds. I am asking the CFPB to intervene and secure the return of my money