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  • Report:  #213139

Complaint Review: Bank Of America - BofA - Dunedin Florida

Reported By:
- Dunedin, Florida,
Submitted:
Updated:

Bank Of America - BofA
1080 Keene Road Dunedin, 34698 Florida, U.S.A.
Phone:
727-733.3155
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
We recieved a check for $1500 from a bank of america account holder for a product purchased from our online store. My wife went to BofA to specifically cash the check and make sure it was a good check so we could deposit cash into our checking account at a different bank allowing us to complete the transaction in a timely manner for the customer and giving us access to the profit for the upcoming weekend so we could go out on a date before an upcoming surgury that I had.

When my wife went to the teller she told the teller that this was an online purchase and we don't know the customer so please make sure it is a valid check. The teller proceeded to do whatever it is that tellers do looked at my wife and said it was ok and doled out the cash. Well it just so happens that my wife and her mom have a small savings account at BofA with only $20 in it. We recdently found out that she also looked up my wifes info and unbeknownst to my wife wrote our savings account number on the back of the check as identification. In no uncertiain terms my wife emphatically stresses that she did not authorize the teller to attach that check to her account.

After i came out of surgery almost a month later my wife was sitting in my hospital room in tears because the check we recieved was a fraud and that they were coming after us criminally and civilly. After leaving the hospital I contacted local law enforcement who commenced an investigation for us into the matter. After reviewing the facts and clearing us of any wrongdoing the bank decided that they would try to extort the money from my wife and her mom. Recently the bank sent the whole issue to NCO FINANCIAL SYSTEMS who have thier own long string of fraudulent issues to contend with from what I see here in rip-off report. We have just drafted a dispute letter to dispute the whole debt. We feel that it was probably the account holder that wrote the check that is behind the fraud to begin with.

I think we need to persue the account holder that the check came from for issuing a bad check. Or the banks fault for cashing it. There is no way that my wife, her mom and essentially me should have to eat this. Now we will be out the entire cost of the product that was shipped and if we do what the bank wants we will be out almost double the amount of the check.

They can pound sand as far as I'm concerned. Are there options regarding this issue?

Jeff

Dunedin, FL

Jeffrey

Dunedin, Florida
U.S.A.


5 Updates & Rebuttals

Ken

Randolph,
Massachusetts,
U.S.A.
Question...

#2Consumer Comment

Thu, September 28, 2006

Have you filed a police complaint against the party who gave you the bad check? That's who your beef should be against. You got the funds from the check, and you owe it back to the bank plain and simple. They don't need permission to offset a check against any account you may hold, by cashing it with them you implicitly gave them that permission. You were swindled and are justifiably angry... but it wasn't the bank who swindled you, it was some bottom feeder who knows how to take advantage of the system. It is a criminal matter, just as if they held you up at gunpoint. So if you haven't already done so, get the police involved.


Steve

Bradenton,
Florida,
U.S.A.
Jeffrey, you might want to check your agreement and federal law.

#3Consumer Suggestion

Thu, September 28, 2006

Jeffrey, The bank did not need your authorization to attach the other account. Under your account agreement and federal law they have the right to do it. Presenting a check at the counter for payment is the same as depositing it in your account. You are legally responsible for any check presented for payment. Stop any direct deposits or other activity in any accounts at BofA until this is resolved. Now, was the check actually a "phony" or "stolen" check, or was it just NSF? This makes a big difference. You need to file a police report and attach a front and back copy of the check. This report needs to be forwarded to the authorities where the sender lives. You may need to get the FBI Financial Crimes Unit involved too. I would anyway. The bank employee could only verify that there was funds in the account at the time you presented it. They would have no idea if the check was forged or stolen until the account holder filed a report with them. Good luck.


Steve

Bradenton,
Florida,
U.S.A.
Jeffrey, you might want to check your agreement and federal law.

#4Consumer Suggestion

Thu, September 28, 2006

Jeffrey, The bank did not need your authorization to attach the other account. Under your account agreement and federal law they have the right to do it. Presenting a check at the counter for payment is the same as depositing it in your account. You are legally responsible for any check presented for payment. Stop any direct deposits or other activity in any accounts at BofA until this is resolved. Now, was the check actually a "phony" or "stolen" check, or was it just NSF? This makes a big difference. You need to file a police report and attach a front and back copy of the check. This report needs to be forwarded to the authorities where the sender lives. You may need to get the FBI Financial Crimes Unit involved too. I would anyway. The bank employee could only verify that there was funds in the account at the time you presented it. They would have no idea if the check was forged or stolen until the account holder filed a report with them. Good luck.


Steve

Bradenton,
Florida,
U.S.A.
Jeffrey, you might want to check your agreement and federal law.

#5Consumer Suggestion

Thu, September 28, 2006

Jeffrey, The bank did not need your authorization to attach the other account. Under your account agreement and federal law they have the right to do it. Presenting a check at the counter for payment is the same as depositing it in your account. You are legally responsible for any check presented for payment. Stop any direct deposits or other activity in any accounts at BofA until this is resolved. Now, was the check actually a "phony" or "stolen" check, or was it just NSF? This makes a big difference. You need to file a police report and attach a front and back copy of the check. This report needs to be forwarded to the authorities where the sender lives. You may need to get the FBI Financial Crimes Unit involved too. I would anyway. The bank employee could only verify that there was funds in the account at the time you presented it. They would have no idea if the check was forged or stolen until the account holder filed a report with them. Good luck.


Steve

Bradenton,
Florida,
U.S.A.
Jeffrey, you might want to check your agreement and federal law.

#6Consumer Suggestion

Thu, September 28, 2006

Jeffrey, The bank did not need your authorization to attach the other account. Under your account agreement and federal law they have the right to do it. Presenting a check at the counter for payment is the same as depositing it in your account. You are legally responsible for any check presented for payment. Stop any direct deposits or other activity in any accounts at BofA until this is resolved. Now, was the check actually a "phony" or "stolen" check, or was it just NSF? This makes a big difference. You need to file a police report and attach a front and back copy of the check. This report needs to be forwarded to the authorities where the sender lives. You may need to get the FBI Financial Crimes Unit involved too. I would anyway. The bank employee could only verify that there was funds in the account at the time you presented it. They would have no idea if the check was forged or stolen until the account holder filed a report with them. Good luck.

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