Consumer complaint received 2018-06-01
Product: Checking or savings account — Checking account
Issue: Managing an account — Problem using a debit or ATM card
Company: TD BANK US HOLDING COMPANY (PA)

XXXX XXXX XXXX XXXX COMPLAINT I provided a verbal claim to TD Bank on or about XX/XX/XXXX, XX/XX/XXXX, which was denied. On or about XX/XX/XXXX, the following claims with exhibits were submitted to a local TD Bank Manager, who improperly emailed them to the wrong department. I asked repeatedly for followup and did not receive any. I found out on XX/XX/XXXX, that because these documents were emailed to the wrong department it was denied a second time for lack of documentation. As it was never received by the correct department I submitted it again on XX/XX/XXXX. I was verbally advised today XX/XX/XXXX, that it was denied again, no reason given, and have not yet received written notice or a reason. I called the Manager again today, was promised a call back, and received none. 

Here 's what the Bank has had since XX/XX/XXXX. Here 's what happened. 

Disputes and Claims TOTAL PAGES : 54 fax XXXX ( it was supposed to be faxed but he improperly emailed XX/XX/XXXX claim ) Checking Account XXXX Re : Cash Claim {$19000.00} XXXX Please forward a copy to XX/XX/XXXX for the {$750.00} fraudulent check and provide the claim number. 

Claims 1. {$19000.00} cash taken from my account : 41 ATM withdrawals in 64 days 2. {$750.00} fraudulent check written on my account 3. balance inquiry fees incurred when the thief checked my balance before taking the funds 4. as there has been no relief for over 5 months I am seeking interest charges FOR EXPEDITED REVIEW The thief has been charged, incarcerated and is proceeding to trial. 

EXHIBIT NUMBER 1. The police Investigative Interview Record summarizes the facts in this case, including that I am legally XXXX, XXXX, hospitalized at the time some funds were taken, and completely victimized. 

2. On or about XX/XX/XXXX, when I discovered the theft, I compiled a list of {$17000.00} taken from my account and filed a claim over the phone with XXXX in TD Bank Customer Service, which was denied identified by debit card termination date XX/XX/XXXX [ XXXX ] and XX/XX/XXXX [ XXXX ]. I found out about the denials verbally on XX/XX/XXXX, when I reported the fraudulent check described below at Exhibit 8. That is why, as described below, I refiled my claim on XX/XX/XXXX. 

3. On XX/XX/XXXX, I filed a police report. On XX/XX/XXXX, the police report was submitted by me in person at the local branch as a new claim with the same list submitted on XX/XX/XXXX. 

4. Despite a search warrant with visits to the local TD Bank by Detective XXXX, and numerous calls and visits from me, I was advised today XX/XX/XXXX when I called the Fraud unit that no action was taken by TD Bank since XX/XX/XXXX. Therefore, in a line by line review of my statements with XXXX in the Fraud Unit, it was established that 41 ATM withdrawals were taken in 64 days. A new claim was filed for {$19000.00} XXXX. We noted frequent high dollar transactions at different ATM locations on the same day, often exceeding the {$700.00} limit. I expect TD Bank to reach out as needed to include nonTD Bank withdrawals. CAVEAT : some withdrawals in the claim may be legitimate if taken by me, I just don't know which ones, the surveillance tapes have to be checked. 

5. I was taken by ambulance to the hospital on XX/XX/XXXX, on XXXX XXXX XXXX. As I discharged myself Against Medical Advice on XX/XX/XXXX because I needed to complete my daughter 's XXXX Profile for Financial Aid ( excerpt attached ), the hospital refused to provide medical records. Therefore, I attach the ambulance bill and in part my health insurance bill. 

6. On XX/XX/XXXX, while I was in the hospital, the thief took {$350.00} from my TD Bank checking account ( included in claim XXXX ) and spent several hundred dollars by unauthorized use of my XXXX card. XXXX reversed these charges. 

7. On XX/XX/XXXX the thief took check # XXXX and wrote himself an amount of {$750.00}. Please compare to valid check # XXXX that I had previously written to him for {$750.00}, they are completely different. Apparently my signature on file was not consulted. 

8. On XX/XX/XXXX, I reported this check fraud to XXXX in the Fraud Unit and filed a police report. This is when I found out my original claim had been denied, as I had not yet received written notice. 

9. On XX/XX/XXXX, I filed a second claim in person with TD Bank local branch, including the check copies and police reports and Affidavit of Fraud. I closed my checking account and opened a new one. On XX/XX/XXXX I was advised to prepare this information for Dispute and Claims and ask that it be forwarded to XXXX XXXX to obtain a claim number for the check fraud. I request that the claim number be sent to me. 

10. On XX/XX/XXXX XXXX XXXX wrote the attached summary including the TD Bank account and XXXX card issues. 

11. A criminal complaint was filed on XX/XX/XXXX, the defendant arrested on XX/XX/XXXX, and at the preliminary hearing bound over for trial on the following : 1. Felony 3 Identity theft 2. Felony 3 Identity theft 3. Misdemeanor 1 Access device issued to another who did not authoirize use 4. Misdemeanor 1 Access device issued to another who did not authoirize use 5. Misdemeanor 1 Theft by Unlawful Taking 6. Misdemeanor 1 Receiving Stolen Property In addition to bail in this matter, the thief is being held on a detainer for a theft conviction in this County and has a prior conviction for manslaughter in the State of New York. I was not aware of this because he used a false name with me. Upon conviction in this matter he will be resentenced for his violation of probation on the theft. 

I am extremely disappointed. Not only my accounts, but those of my children and their student friends were all opened at TD Bank under my personal escort to start their banking experience. I am shocked there has been no follow up despite all my efforts and believe I have been damaged as a result. I ask that I be given the courtesy of an expedited review. 

Respectfully, XXXX XXXX EXHIBIT LIST 1. Police Investigative Interview Record with Addendum 2. XX/XX/XXXX claim and denials for the debit card terminated XX/XX/XXXX [ XXXX ] and the debit card terminated XX/XX/XXXX [ XXXX ] 3. XX/XX/XXXX police report re cash taken 4. XX/XX/XXXX new claim for {$19000.00} XXXX 5. XX/XX/XXXX Proof of Hospitalization and reason for discharge 6. XX/XX/XXXX unauthorized use of XXXX card and reversal of charges for fraud 7. XX/XX/XXXX fraudulent check # XXXX {$750.00} to compare to valid check # XXXX same amount 8. XX/XX/XXXX police report re fraudulent check 9. XX/XX/XXXX Affidavit of Fraud 10. XX/XX/XXXX Detective XXXXXXXX XXXX summary including TD Bank account and XXXX card 11. XX/XX/XXXX Criminal Docket