Consumer complaint received 2023-03-09
Product: Checking or savings account — Savings account
Issue: Managing an account — Cashing a check
Company: TD BANK US HOLDING COMPANY (MA)

THE BANK FAILED TO EXERCISE ORDINARY CARE IN THE CHECK SETTLEMENT PROCESS AND THE BANK IS LIABLE FOR MISREPRESENTATIONS MADE BY THE BRANCH MANAGER AND PROFESSIONAL NEGLIGENCE RESULTING FROM HIS FAILURE TO COMPLY WITH BANK POLICY AND PROCEDURE REGARDING NEGOTIABLE INSTRUMENTS The account deposit transaction reversal deduction of some charges, which I strongly believe to be erroneously done. Furthermore, I am alleging negligence arising from the bank 's failure to act or otherwise prevent the negligence in their work, and, in turn, caused financial harm to their customers assets. Specifically, I contend that that professional advice or services provided by XXXX XXXX caused a me financial harm in the amount of {$2000.00} due to actual mistakes or a failure to perform a service, resulting in this overdraft and collections attempts. 
Notice of Dispute and Breach of Contract Counterclaim against TD Bank and Branch XXXX Attention Deposit Operations Disputes Department, I, XXXX XXXX, dispute the accuracy and legitimacy of the debt, as well as the internal bank procedures that led to this unfavorable decision, loss of assets, and harm to my account and banking relationships. 
Your attempt to collect on this alleged debt constitutes a breach of contract, breach of fiduciary duty, and bank negligence, as the transaction in dispute occurred BEFORE I opened an account with TD Bank and entered into a contract with the bank. 
I repeatedly attempted to resolve this bank error with TD Bank 's Customer service representatives in person and over the phone. This error has harmed my assets financially and caused me unnecessary emotional distress as a result of my unsuccessful efforts to resolve the error and seek reimbursement. 
In addition, any errors or concerns should be directed to XXXX XXXX, the branch manager, or the individual who set up my account. 

Dear Deposit Operations Department Representative, I had a check drawn on TD Bank from the XXXX XXXX XXXX. The first time I attempted mobile deposit into my XXXX account, I was informed that the check would be held for 20 days because XXXX was unsure if they would be paid. Since this was a municipal check and I regularly cashed monthly utility stipend checks, I was concerned that XXXX XXXX  did not believe they would receive the funds. This was a result of my ongoing discrimination cases and recent termination. Yes, because that's an apology. As soon as I was informed there was no way to appeal or get the check released earlier, I notified XXXX that I would be canceling the deposit and returning to the original branch. 
I am not responsible for any fees, and I am contesting the deposit account adjustment based on the following two facts : First, at the time I presented the check, both TD Bank and the branch manager, XXXX XXXX, were aware that I had previously attempted to mobile deposit this check with another bank. 
When he authorized the check to be cashed and provided me with cash payment, I relied on his statements and apparent authority as the branch manager. 


After that, he strongly suggested that I open a bank account with TD Bank to avoid future problems. 
And he highlighted the advantages of your bank, including on-site customer service, debit card printing, etc. And based on these representations, I opened a checking account and a savings account, and now I've suffered financial harm because of a branch manager 's error in professional judgment while I was not a client. I also deposited cash funds that should have been protected by the FDIC, which you attempted to reverse based on a check cash when I had no banking relationship. 
So based upon those representations, I then set up an account with you. Using cash two to start the cash deposit to start the account. 
For which you tried to charge back {$2000.00} on an account that I have never had a check on. And for a check that was cashed when I was not a member of your bank. 
And that you never sent me notice and then when I called about this specifically, they told me to go in the branch and try to work this out. 
In the many times I have reported it, but nobody has investigated my claims of professional negligence against your branch manager. 

The claims of Errors and omissions cost me financial harm. 
Banking malpractice. 
I relied on what the manager told me and then you tried to come back and collect for an error the bank made and with no regard to the professional negligence of the branch staff and Branch Manager XXXX XXXX, while passing the economic harm to me. 
I was never provided with written notification or evidence of the documents used to make this account change. Under the Check 21 rule, I never had the opportunity to request an expedited account recrediting refund. I was, in fact. And after reporting my concerns to customer service and the XXXX XXXX branch, I was never informed of my right to dispute as a consumer or my ability to file a claim under the bank manager 's professional negligence, errors and omissions insurance, as well as the FDIC. 
I am concerned about the way my account has been handled and that I never received the required notice of transaction reversal as required. 
Today I am received the 1st letter about my account being overdrawn and that you are trying to collect on a debt. I have not received notice about when I went into the savings account to see what it was, they said it was about a check that I asked. 
I went into the branch to ask for copies of the check, deposit slips, and copies of documents relied upon for the deposit account adjustment, which I have yet to receive. I further reported that their actions and repeated attempts to collect the alleged debt of {$2000.00} is erroneous and capricious. I made repeated complaints about the Branch Manager ( XXXX XXXX XXXX and his professional negligence and discretionary decisions which has caused financial harm to my assets ( loss of {$850.00} ), outstanding debt {$1200.00}, and loss of access/use. 
Due to my XXXX XXXX disability, I have repeatedly requested a reasonable accommodation for assistance to escalate this complaint and to ensure so that a despite has been filed in accordance with bank policy. Additionally, I want to file a prompt claim for banking malpractice, protect my rights, and remain informed about my consumer rights, and seek damages for breaches of the deposit holder agreement to which I agreed, and regulatory standards. 
TD Bank Contacts and Attempts Chargeback If a collecting bank makes provisional settlement with its customer for a check and fails for any reason to receive settlement ( e.g., by reason of dishonor ), it may revoke its settlement and charge back the amount to its customer if by its midnight deadline ( or within a longer reasonable time after it learns of the facts ) it returns the item or sends notification of the facts. 
If the return or notice is delayed beyond that point in time, the bank may be liable for any loss resulting from the delay.XXXX  The right of chargeback is not affected by the customers use of any credit given for the item or the failure of the bank to exercise ordinary care with respect to the item.XXXX  UCC 4214 ( d ) ( 1 ) and ( 2 ). Although retaining its right to charge back, a bank may nonetheless be held liable for harm from its own negligence in handling the item. UCC 4214 ( d ) ( 2 ). Bank owed no duty to its customer, who was bilked in a XXXX ( counterfeit ) official check scam, to examine the checks before taking them for deposit. Whether bank exercised ordinary care in the check settlement process was irrelevant to its chargeback rights under UCC 4214 ( d ). The bank could be liable for negligent misrepresentation under common law theories, however, depending on how it described or discussed the check with its depositor. XXXX XXXX  of Ronan v. Hughes, 147 P.3d 185 ( Mont. 2006 ) ( counterfeit official checks described as good and the same as cash ). See also Call v. Ellenville Natl Bank, XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Drew v. Commerce Bank, XXXX, XXXX XXXX XXXX ( XXXX ) ( banks statement that funds were available did not misrepresent that counterfeit check had cleared ). First Georgia Bank v. Webster, XXXX XXXX XXXX. XXXX ( XXXX ) ( check incorrectly described by bank as good ) ; First National Bank of Denver v. Ulibarri, XXXX XXXX XXXX. XXXX ( XXXX ) ( bank assured customer that check had finally settled ). Holcomb v. Wells Fargo Bank, XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ) ( branch manager allegedly told customer check had cleared ; negligent misrepresentation ). Chase v. Morgan Guaranty Trust Co.XXXX XXXX XXXX XXXX XXXX XXXX  XXXX ) ( bank assurance did not cause the loss ). XXXXational Bank of Georgia v. Weiner, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) ( bank could exercise chargeback against attorney escrow account even though original overdraft involved the funds of a different party ). Cases dealing with claims that the XXXX XXXX  made negligent representations about whether it would pay checks : Sabin Meyer Regional Sales Corp. v. Citizens Bank, XXXX XXXX XXXX. XXXX ( XXXX XXXX XXXX ) ( bank allegedly said the account contained, and would contain, sufficient funds to cover checks given to payee ) ; WB Farms v. Freemont National Bank & Trust, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( bank agreed to pay check whenever funds come into the account ) ; Mitchell Buick & Oldsmobile Sales , Inc. v. McHenry Savings Bank, XXXX XXXX XXXX ( XXXX XXXX. XXXX XXXX ) ( bank agreed to pay check if its customer deposited {$10000.00} or more ).