Usacomplaints.com » Business & Finance » Complaint / Review: Bank Of America - Breached the covenant of good faith and fair dealing. #215187

Complaint / Review
Bank Of America
Breached the covenant of good faith and fair dealing

In October I was victim of identity theft and fraudent activity occurred on my Bank of America account. After submitting numerous forms of documentation and affadavits to my support claim, I received a letter from Bank of America stating that the account was closed and I was not responsible for any payments. I assumed that the matter was cleared up.

On March 22, I reopened an account with Bank of America with an initial deposit of $30.00, due to the fact that I was going to transfer all my accounts from Michigan to my Bank of America checking and then open up a CD and Money Market Account with Bank of America.

On March 29, I made a deposit from my checking account in Michigan in the amount of $800.00 which a hold was placed on the check, which was no problem and then my bank in Michigan, Charter One made a wire transfer in amount of $6,000.00 to my checking account on March 30.

After going to the Bank of America ATMs over a period of three hours to check to see if the transfer was posted to my account, I was locked out of my account. I was informed by the branch in Fairfield, CA to call customer service. I called customer service to check my balance it stated that it is minus $888,888, 888.00. After nearly having a heart attack in which I suffer from Congestive Heart Failure and is currently on medication for that, I spoke with a customer service representative at Bank of America on the phone and she stated that she would transfer me to Risk Management and after being hold for almost ten minutes, I spoke with a very rude Representative in that department who informed me that since I had an account back in 2003 and that it was closed due to fraud, that Bank of America decided to close my new account. I explained to her that matter had been resolved and if it was not resolved was why I allowed to open an account again? Needless to say the she was very rude and she that I was not entitled to an account and that it is being closed. And then I asked about my wire transfer of $6,000.00 and she stated that it is the account and I have to wait for at least 15 days to receive my money back.

I explained to the representative that I have to pay my mortgage, my car and medical insurance, and other bills, and that I cannot wait for 15 days to receive my money. She rudely said that I will not get my money for at least 15 days and disconnected the call.

I call again and spoke with another representative in the same department and she informed me to go back to the branch that opened my account which was in Vallejo, CA on Sonoma Blvd. I spoke with both a representative and the Branch's Vice President and to no avail they could not even assist me in giving a letter to my mortgage company explaining my situation. I was also told that any checks that I had written would be returned Account Closed even though I have $6,000.00 in my account that they are holding for 15 days. I spent four hours going to different merchants that I had written checks too and giving them a different form of payment, even though I have $6,000.00 in my account that they are holding for 15 days.

Back in 2000 a California customer was awarded just over $227,000 in damages following a suit against Bank of America. The case turned on an event where the bank closed the customer's accounts without advanced warning and returned several checks marked "insufficient funds" or "account closed." The jury concluded that although Bank of America had the right to close the account (as the customer in question had unclean hands), it had "breached the covenant of good faith and fair dealing" by doing so without warning and then by leading the check recipients to believe the customer had written bad checks, when in fact it was Bank of America's conduct that prevented the checks from clearing. Which is clearly the case with me and these events is clearly starting to affect my medical condition.

Lynett
vallejo, California
U.S.A.


Offender: Bank Of America

Country: USA   State: North Carolina   City: Charlotte
Address: 100 N. Tryon
Phone: 8002406886

Category: Business & Finance

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