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  1. #1
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    Bank of America denies my fraud claim

    What is the name of your state (only U.S. law)? Washington


  2. #2
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    Quote Originally Posted by Missp2499 View Post
    What is the name of your state (only U.S. law)? Washington
    Missp2499, could you please provide a bit more information?

    What was the fraud claim that was denied by Bank of America?


  3. #3
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    Did they say why? Also what was your fraud claim and backstory?


  4. #4
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    Help!

    I was incarcerated on September 30,2016.at the time of my arrest my purse/wallet was in the vehicle of a woman I had met only a few weeks prior..I thought it would be safe.wrong.I was released on December 7,2016.at this time I discovered that some back child support owed to me in the amount of$5382.00 had been deposited onto my bank of America visa card on October 18th..I also discovered at this time that I now had a ZERO BALANCE.I filed a claim with the bank right away,faxing them proof I was incarcerated when deposit occurred and each draining transaction.I filed a police report right away,naming the woman..sent boa case number...they denied my claim and I am devastated.I am fighting it..I have since filed complaints against the bank with the federal reserve,FDIC,OCC,VISA USA and the consumer financial protection bureau.I have also filed an identity theft report with the FTC and the f.b.i's internet crime unit(ic3.gov). Boa denied my claim because she had my pin...I dont know how she knew it I can only guess she watched me use my card.I Never authorized ANYONE to use my card.I am willing to polygraph.I dont know what else to do...I cant hire an attorney....im broke!!! PLEASE HELP.


  5. #5
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    Quote Originally Posted by Missp2499 View Post
    I was incarcerated on September 30,2016.at the time of my arrest my purse/wallet was in the vehicle of a woman I had met only a few weeks prior..I thought it would be safe.wrong.I was released on December 7,2016.at this time I discovered that some back child support owed to me in the amount of$5382.00 had been deposited onto my bank of America visa card on October 18th..I also discovered at this time that I now had a ZERO BALANCE.I filed a claim with the bank right away,faxing them proof I was incarcerated when deposit occurred and each draining transaction.I filed a police report right away,naming the woman..sent boa case number...they denied my claim and I am devastated.I am fighting it..I have since filed complaints against the bank with the federal reserve,FDIC,OCC,VISA USA and the consumer financial protection bureau.I have also filed an identity theft report with the FTC and the f.b.i's internet crime unit(ic3.gov). Boa denied my claim because she had my pin...I dont know how she knew it I can only guess she watched me use my card.I Never authorized ANYONE to use my card.I am willing to polygraph.I dont know what else to do...I cant hire an attorney....im broke!!! PLEASE HELP.
    You can sue the woman for the amount you claim she withdrew from your account.


  6. #6
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    Quote Originally Posted by Missp2499 View Post
    they denied my claim and I am devastated.I am fighting it..I have since filed complaints against the bank with the federal reserve,FDIC,OCC,VISA USA and the consumer financial protection bureau.Boa denied my claim because she had my pin
    When you opened the account you became bound by the bank's customer account provisions. That's a contract. If the bank people complied with the contractual provisions in handling your claim that resulted in a denial, then the bank people did nothing wrong and there is nothing to fight.


  7. #7
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    Ive done alot if reading/researching this past monthh and I have learned that there are laws that protect the consumers in these types of situations..these huge banks have ample insurance as well,so yes I am going to fight it....


  8. #8
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    Quote Originally Posted by Missp2499 View Post
    Ive done alot if reading/researching this past monthh and I have learned that there are laws that protect the consumers in these types of situations..these huge banks have ample insurance as well,so yes I am going to fight it....
    Why aren't you going after your "friend"?


  9. #9
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    Quote Originally Posted by Missp2499 View Post
    Ive done alot if reading/researching this past monthh and I have learned that there are laws that protect the consumers in these types of situations..these huge banks have ample insurance as well,so yes I am going to fight it....
    There are, indeed, laws that protect consumers and it is true that banks have insurance. However, nothing you have said in your posts indicate that the bank is liable for your loss.

    You allowed someone access to your bank account. For "safe keeping" while you were in jail, you gave your purse with your identifying information to a woman you didn't know very well. Apparently the bank shows that your pin number was used to withdraw money from your account.

    This is NOT the bank's fault.

    The police can take your report and investigate, and you can sue the woman to recover your losses.

    I hope the woman has not disappeared.


  10. #10
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    Shes definitely not a friend.and yes im going to light a fire under these cops' butts....and yes I know this isnt the banks fault.I really needed that money.I had been waiting a long time for it.I wish the bank would be more humane and empathetic


  11. #11
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    I already filed a police report..and I know I will find her before they do..she will go to jail....at this point I have no money to get an attorney to sue her.


  12. #12
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    Quote Originally Posted by Missp2499 View Post
    I already filed a police report..and I know I will find her before they do..she will go to jail....at this point I have no money to get an attorney to sue her.
    The most you can do is report the woman to the police (you do not determine whether she will go to jail) - and sue the woman.

    Here is a link to a small claims court guide for Washington state, and a link to Washington law help:

    http://www.kcll.org/guides/small-claims-court-guide

    http://www.washingtonlawhelp.org/res...l-claims-court

    Good luck.


  13. #13
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    Quote Originally Posted by Missp2499 View Post
    Shes definitely not a friend.and yes im going to light a fire under these cops' butts....and yes I know this isnt the banks fault.I really needed that money.I had been waiting a long time for it.I wish the bank would be more humane and empathetic

    They didn't steal your money.

    Your anger is misplaced (though understandable)


  14. #14
    Quote Originally Posted by Missp2499 View Post
    Boa denied my claim because she had my pin
    This is only a reason to deny a claim under Visa's zero liability policy, but you still have Reg E protections. Reg E protections apply even if you had the PIN written on the card. https://www.ibat.org/legal-ease/2014/1/deposit-accounts-debit-cards-is-customer-liable-if-writes-pin-on-card

    Make sure the next time you talk to the bank that you reference Reg E and not Visa.

    You still have other issues, but it's worth a shot to get a correct investigation and a denial or approval based on more than the PIN. Some of the things facing you:

    the time the transaction posted on the statement
    the length of time from discovery that your card was "missing"


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