What is the name of your state (only U.S. law)? Massachusetts
I have a business account with TD bank. I also have a PayPal account which provides me with a debit card. Sometimes, I will go to a TD bank ATM machine and withdraw cash and deposit it immediately into my TD bank account, effectively just transferring money from PayPal into TD Bank.
Some weeks ago, I withdrew $600 at a TD Bank ATM using my PayPal card, then when the transaction was finished, inserted my TD bank ATM card and deposited the funds. I got to the point where the machine opened the cash insertion door, I put the money in, it started counting the money - then displayed an error message on the screen and the only options shown was "cancel transaction'. No money was returned to me. I immediately called the bank the same day who told me the ATM's are serviced by a 3rd party and I needed to file a claim with the number on the back of my card, which I immediately did. They told me it would take 5-7 days. A week later I called and was told it takes 7-10 business days and there was no answer yet. I called one week later and was told there was no record of any claim being filed. They re-filed the claim and said they had records of me calling on the dates I said I had called, but no records of any claim, but now it was filed and would take 7-10 business days. I called today and they told me my claim was denied because there was no proof I was at the ATM machine on the day/time I claimed to have made the deposit.
The person I spoke to said they would re-file another claim, but did not expect any change in the outcome because she can see my full ATM card usage and there was no usage on the date I claim to have tried to deposit $600 in that machine. I know I used my TD Bank ATM card to initiate a deposit into my account and encountered an error part-way through, but never got my money back. I pointed out that there is incontrovertible proof that I was at the ATM in the form of video, taken by the ATM machine, of me standing in front of it on the date and time questioned, using that machine. They are in sole possession of that video and need only look at it to verify my claim - and should have already done so before denying my claim. I was told that such video is only pulled and looked at in extreme cases such as robberies, etc and since there was no record of me using my ATM card, my claim will likely be denied again.
It seems to me that this situation is very simple to solve. TD Bank has all the necessary information but are refusing to use it. They refuse to look at the video. They refuse to accept that their log of card usage could possibly not show my transaction, even if an error occurred during it. They have told me that even if extra money was found in the machine, that will not factor into my claim and my claim must stand on its own in the absence of whether any extra cash was found or not. It has now been about a month since the original loss, and they are telling me to wait another couple of weeks but not to expect anything to change.
I am wondering if I may be better just filing a small claims suit? I really do not mind taking the time to do so, but only if it would realistically lead to a resolution. Or would I be better off contacting the banking oversight regulators in my state (or is that a federal group?)? Or any other advice or suggestions are greatly appreciated.
I have a business account with TD bank. I also have a PayPal account which provides me with a debit card. Sometimes, I will go to a TD bank ATM machine and withdraw cash and deposit it immediately into my TD bank account, effectively just transferring money from PayPal into TD Bank.
Some weeks ago, I withdrew $600 at a TD Bank ATM using my PayPal card, then when the transaction was finished, inserted my TD bank ATM card and deposited the funds. I got to the point where the machine opened the cash insertion door, I put the money in, it started counting the money - then displayed an error message on the screen and the only options shown was "cancel transaction'. No money was returned to me. I immediately called the bank the same day who told me the ATM's are serviced by a 3rd party and I needed to file a claim with the number on the back of my card, which I immediately did. They told me it would take 5-7 days. A week later I called and was told it takes 7-10 business days and there was no answer yet. I called one week later and was told there was no record of any claim being filed. They re-filed the claim and said they had records of me calling on the dates I said I had called, but no records of any claim, but now it was filed and would take 7-10 business days. I called today and they told me my claim was denied because there was no proof I was at the ATM machine on the day/time I claimed to have made the deposit.
The person I spoke to said they would re-file another claim, but did not expect any change in the outcome because she can see my full ATM card usage and there was no usage on the date I claim to have tried to deposit $600 in that machine. I know I used my TD Bank ATM card to initiate a deposit into my account and encountered an error part-way through, but never got my money back. I pointed out that there is incontrovertible proof that I was at the ATM in the form of video, taken by the ATM machine, of me standing in front of it on the date and time questioned, using that machine. They are in sole possession of that video and need only look at it to verify my claim - and should have already done so before denying my claim. I was told that such video is only pulled and looked at in extreme cases such as robberies, etc and since there was no record of me using my ATM card, my claim will likely be denied again.
It seems to me that this situation is very simple to solve. TD Bank has all the necessary information but are refusing to use it. They refuse to look at the video. They refuse to accept that their log of card usage could possibly not show my transaction, even if an error occurred during it. They have told me that even if extra money was found in the machine, that will not factor into my claim and my claim must stand on its own in the absence of whether any extra cash was found or not. It has now been about a month since the original loss, and they are telling me to wait another couple of weeks but not to expect anything to change.
I am wondering if I may be better just filing a small claims suit? I really do not mind taking the time to do so, but only if it would realistically lead to a resolution. Or would I be better off contacting the banking oversight regulators in my state (or is that a federal group?)? Or any other advice or suggestions are greatly appreciated.
