Consumer complaint received 2020-08-07
Product: Checking or savings account — Checking account
Issue: Managing an account — Funds not handled or disbursed as instructed
Company: BBVA FINANCIAL CORPORATION (AL)

I'd filed a complaint with the CFPB in XXXX regarding multiple mortgage payments being posted against my checking account during the course of a month without my authorization. I reported this to the CFPB and recieved the response indicated below. I've just had an opportunity to log back into my account with CFPB this week and review the response recieved. 
According to the response, I needed to notify the bank within 60 days of the error for the transaction to be investigated. I did go to the bank immediately when I noticed this error, however the bank didn't offer any resolution for the error. The location I visited to research the transaction was the XXXX Branch in XXXX located at XXXXXXXX XXXX XXXXXXXX XXXX. XXXX, Al. XXXX. 
After I was unable to reach a resolution with BBVA I closed my account. 


I've cut and pasted your response below. 

Ms. XXXX, according to your CFPB complaint, a {$1100.00} transaction from your mortgage company posted to your ClearChoice Premium Checking Account ( # ... XXXX ) in XX/XX/XXXX. You stated that this transaction was unauthorized since your mortgage company had already debited a payment from your checking account. You request monetary compensation from the Bank. In an effort to address your concern, we have reviewed your account. A review of the XX/XX/XXXX for your account showed that an ACH transaction from XXXX for {$2400.00} debited your account on XX/XX/XXXX. Eight ( 8 ) days later on XX/XX/XXXX, a {$1100.00} ACH debit transaction from XXXX debited your account. Further review of your account did not show that you filed a dispute claim on the XX/XX/XXXX transaction. Please note that in order for the Bank to investigate an error related to an Electronic Transfer, you must notify the Bank no later than sixty ( 60 ) days after the Bank sent the first statement on which the error or problem appeared. This information is available for your review on the last page of the statements for your account. The Bank is unable to file a dispute claim on the {$1100.00} ACH debit transaction from XXXX that debited your account because the time to dispute the transaction has expired. A copy of your XX/XX/XXXX account statement has been attached to the CFPB portal for your review. In conclusion, the time frame to dispute the additional ACH payment amount that debited your account on XX/XX/XXXX has expired. Since the Bank was not made aware of the error within sixty ( 60 ) days from the date shown on the statement in which the transaction appeared, we are unable to investigate this transaction as an error. We encourage you to contact your mortgage loan company to request a refund for the additional payment that was debited from your checking account. Your request for monetary compensation from BBVA Compass has been respectfully denied. Thank you for allowing us to address your concerns. 
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