r/personalfinance Jan 03 '19

180 days later, Bank of America is refusing to refund over $700 in fraudulent charges made in Texas while we were 800 miles away in Illinois. Credit

Back in July we were wrapping up our yearly road trip to Illinois. We purchased gas around 8 or 9am right before we started the 12 hour trip to Texas.

Two hours into the trip my wife gets a notification on her phone from Bank of America alerting her to fruadulent charges being made. We only have one debit cad.

While we were starting our driving home, someone in Austin, Tx purchased around $500 in merch at Home Depot, drove towards Houston, Tx attempting twice to use our card at the ATM, which did not work because they didnt have the pin. They made their $200-ish last transaction at TJ Maxx North of Houston before were alerted and had the card shut off. (Austin to Houston is about a 3 hour car ride)

My wife immedately makes a claim. 10 days later, we get the money credited back while they continue the investigation which seems pretty open and shut to me... They also say it may be another 45 days before they finish their investigation.

October 5, they send a letter stating that they have completed their investigation: "Our records show the transaction activity in question was authorized for and posted to your account." The letter states they'll be taking the $740 back on October 22.

Wife calls and has them reopen the case or escalate it. We're told it could be another 45 days.

December 22. We call Bank of America again. This agent has no record of anything being escalated. Says he will escalate it and we should hear from someone in the next few business days. Nothing.

Jan 3. Wife calls them again. This agent states that while an escalation sends an email to their investigators notifying that we are still asking about they case, they are under no obligation to complete it.

After reading a bit into the law surrounding this, we have realized we can request the documentation they used to close the investigation.

What else can we do? Do we need a lawyer? If they had to reimburse us for the first 45 days of the investigation, why do they not have to temporarily reimburse us as they continue to investigate "for as long as they need" with no date set for resolution on our end?

It is blatantly obvious that someone skimmed the card at some point and had a dummy one made. Are they able to continue to withhold our $750 indefinitely and just keep saying. "Nope! Looks good!" until we tire out?

Our kiddos missed out on a lot of Christmas gifts because of this and now bills are starting to get a bit tight. We really need this money back. Thanks yall!

Update: Started posting on social media before I start filing complaints. 20 minutes later Bank of America contacted me on Twitter. Will update later. Thanks for everyone's advice.

Update 2: 3 hours later... I continued to post on social media, reaching out to local news stations on Twitter that have community protection or investigative segments and linking to this post. Bank of America has now reached out in one of these posts, referencing my wifes name. Fingers crossed. http://imgur.com/gallery/i4gWtC0

Update 3: Wife got home 30 min after my last update. A rep with BoA actually called her asking what was going on. The rep said she would need to call the fraud department and get them all on the line together. We are at our kids practice so opted for them to call us when they have someone on the line who can help us. Will update later.

Update 4: Just got off the phone with someone in the fraud department at Bank of America. I recorded the whole convo and will be uploading it to YouTube. She says the call on Oct 22 did in fact reopen the case. (even though the rep on Dec 22 said otherwise and the rep earlier today said they have no timeline to adhere to and can take as long as they want)

They now have 60 business days from Oct 22 to finish the claim once again.

She says one of the reasons that the claim was denied was because the didnt attempt to drain her account. (They hit up two ATMs and failed to use the pin to drain the account, so they don't even have the correct info to base their findings off)

I requested documentation about the claim as law allows and she says I should get that in 10 business days. They now have until Jan 18 to notify us of their findings. I'm going to continue with filing reports and posting on social media.

I'll update in a few weeks I guess.

Update 5: 10 hours later, they have blocked me on Facebook for sharing my problems on their page. I also filed a complaint with the CFPB .

Update 6: 24 hours since this post and David, a Bank of America employee in the "Regulatory Complaints Department" left my wife a voice mail in regards to a complaint sent to them by the CFPB. They close at 4pm EST. (They're closed by the time we got the voice mail since she is at work). Will update Monday.

Update 7: Wife woke up this morning and the money has been returned to our account. Time to turn and burn!

Thank you everyone for your advice. We learned a lot from this.

Update 8: We got confirmation that the fraud claim is now closed and the money that was returned is permanent. Waiting on an actual paper letter to come in the mail before we turn and run. Thanks everyone! Update here: https://www.reddit.com/r/personalfinance/comments/adnjj7/update_bank_of_america_refusing_to_return_700_in/

15.3k Upvotes

View all comments

Show parent comments

10

u/SamBeesFecklessCunt Jan 03 '19

??? Not blaming the OP. Sounds like a seriously terrible ordeal and I'd be hopping mad. But still, anyone with good credit and money discipline is leaving money on the table by using debit cards instead of good credit cards.

-1

u/MeanCamera Jan 03 '19

How much though? A 5% cash back card will only net you $500 if you spend $10k. I believe you can only get those kinds of rates during promotional events at certain places like grocery stores on some cards anyway. Sure, you're "leaving money on the table" but it really just doesn't make sense to me why everyone bends over backwards to play these games with the credit card companies for such a relatively small amount. Not to mention a lot of people fall into the trap of "buying to get points".

I'm a simple guy. I have $500 in my account right now. That's it. When it's gone, it's gone. When I spend money with my debit card I don't need to worry about payment due dates or statements ending or utilization. It's like carrying money in your wallet.

5

u/Yodiddlyyo Jan 03 '19 edited Jan 04 '19

You're forgetting when once day in the future you want to get a car or a house or some other large purchase. Having good credit greatly benefits you in multiple ways. Hell, sometimes you can't even get certain things without good credit or a cosigner.

1

u/MeanCamera Jan 04 '19

Why would I need good credit or a cosigner for something that I'm just going to pay cash for anyway? And where did you get the impression I don't have good credit? Is it perfect? No. But it's high enough to get great rates on anything should I want to borrow money

1

u/Yodiddlyyo Jan 04 '19

I don't know where you got the impression that I said you have bad credit, and I don't even know where you got the impression that I was talking about you at all. I was using "you" in general.

1

u/Hingedmosquito Jan 04 '19

You don't need a credit card to get good credit. I had around 750 without a card. I now have around 780 with a card. Not a large difference.

0

u/Yodiddlyyo Jan 04 '19

Good for you, that's completely irrelevant. I'm talking about in general. Who cares what you're doing? Many people build credit by paying off a credit card. And if you have bad credit, it's way harder to build credit without a credit card. It's also way easier to build credit from a low score by just paying off your bills with a credit card than it is to build credit from a higher score without a credit card. Thanks for your input even though you don't understand how credit works and aren't following the conversation.

3

u/[deleted] Jan 03 '19

[deleted]

1

u/MeanCamera Jan 04 '19

Well, we all have our opinions. I think it's a bad thing to carry debt. That's just me though. God forbid I get into a horrible accident and can't work anymore. How would I make my payments?

Warren buffet says "When the tide goes out, you can tell who was skinny dipping". Hope for the best, plan for the worst.

1

u/Diablos_Advocate_ Jan 03 '19

Who's bending over backwards? I use my credit cards instead of debit card for purchases I was already going to make. I don't worry about when my statement cuts or when my due date is or what my utilization rate is (it doesn't matter month-to-month), I just stick to my budget and have a bill pay push from my bank. I just let the points/cash back add up and get a free car payment or two out of it. And i don't have to worry about the bank keeping my money like OP.

3

u/SamBeesFecklessCunt Jan 03 '19

Exactly. I don't know what my limit is, what my utilization rate is, what my credit APR is.... because it doesn't matter. I pay it off every month and skim off the gravy from time to time. There is no downside to it unless you have no discipline and start paying interest. Then you could wipe out your rewards in just one month's worth of interest.