Between me and my ex, I'm usually the smart one, but this time....

[momof3disneyholics]

I'm completely dumbfounded on how to help him.
Ok, Saturday he checked his checking account and noticed that it was 3500.00 short. So, he called the bank saying it was an obvious mistake, because he only had around 1000.00 in there to begin with, so how could it go so negative. They told him he had to wait until Monday because fraud and loss prevention was closed. So, Monday, he went up to the bank, spent half the day there and half the day on the phone and they told him that there was a transfer from his account for 3500.00 into another account at the same bank on Friday. They couldn't see what account that it went to because that account number no longer existed. (Yeah, I know, WTH???)
SOOOOOO, they told him they had no way of tracking it and the only way they could give him the money back was if he signed paperwork saying he would pay the 3500.00 back over 12 monthly installments. I told him last night to march back down there today and tell them that was unacceptable, he has no idea what happened to the money that he didn't have to begin with, and that they need to find it. I don't understand how a bank can authorize a transfer of that much money when there was no where near that amount to begin with. And how can an account number no longer exist?
Well, this morning, I checked my account (same bank, different account) which I still have his name and social attached to because of child support reasons, and the bank has put a freeze on my account!! I can't access my checking or savings because they have his social on them too!! I didn't even have anything to do with this! My balance is correct, I just have no access to the funds. The bank is saying that they will release my funds when he comes down there and clears this up and signs the paperwork. In order for him not to pay it, he has to prove it wasn't him, but how can he do that when they won't even tell him what account this money was transferred to?
He has contacted a lawyer and they said to try to negotiate the amount he has to pay back, but I just don't get why he has to pay back something that he had nothing to do with!!

Can anyone advise me on what to do???

 

[MICKEY88]

does the bank have security cameras....have them pull the tape from the day the transaction occured, if he isn't on the tape, he didn't do it..

 

[momof3disneyholics]

I didn't think of that, I wonder if there is a way they can see if the money was transfered in the bank, through the drivethru, or online.

 

[marybet]

I think he needs to go back to the bank. How can an account just disappear? There has to be some record even if the account was closed. I can not believe a lawyer would just tell him to negotiate the amount, he should call another lawyer. Once this is settled I would get another bank, sounds like it could have been done by someone who works at the bank. I do phone transfers all the time and there is always a number for the transaction. A bank has to be audited and there has to be a paper trail for all their transactions. I think the bank is just trying to cover their mistake and he should not let them get away with it.

 

[Nancy]

I don't get this one at all....he didn't do it, they authorized a transfer from an account that didn't have thew money in it to begin with and they want HIM to pay it back??? And the account it was supposedly transferred to doesn't exist??? Sounds very fishy to me. I'd be contacting someone pretty high up in the bank and getting to the bottom of this. (I'm thinking embezzelment by a bank employee, far fetched, but things just don't add up) Sounds like something Bank of America would try to pull.


edited to add...not accusing the BOA of stealing the money, just putting the blame on the customer for their screw ups.

 

[JVL1018]

It sounds like someone put a transfer through with a wrong account number(bank employee).
As for them saying that it was a transfer from one account to the other but they can't tell where it went, I think that's a crock. If they know it was transferred, it will show WHERE it was transferred to.
Even if the account was closed, the info should still be in the system-this just happened.
I don't know how it works anymore-I stopped working in a bank 6 years ago when I had kids, but it used ot be that the bank could not put a hold on one account to cover another.
I would go down there wiht him and tell them that the bank allowed someone to take funds aout of his account unathorized and you wnat the money replaced immediatly.
Tell them to show you how it was taken out of the account-if it was a check you want to see the signature and the forrms of ID that were taken for them to cash such a large check.
ask them what time and where it was done-a branch, the computer, an ATM..
Does he still have his debit card?
Anything done within the bank account to account transfer should not have gone through anyway being as there were not funds in that account to cover it.
Something VERY fishy is going on here.

Tell him he needs to talk to the manager..if she won't get to the bottom of this, tell him to ask for the number of the regional manager.
Trust me, the regional managers HATE being dragged into customer/branch stuff like this and will usually bend over backwards to fix it just so you'll go away. LOL

 

[Ava83]

The bank would HAVE to keep records of open/closed accounts for audit purposes? wouldn't you think? and if the account was closed it had to be opened at one time and there would have to be records.

Who oversees the banks, the FDIC...give them a call and ask what the process is.

 

[Shugardrawers]

A bank that truly believes the customer screwed up wants all their money immediately, not in monthly payments. The thing about the closed account number doesn't make sense to me either. If they issued the account number, they have record of it. Are you sure there's not more to this story he's not telling you?

 

[Nancy]

I didn't think of that, I wonder if there is a way they can see if the money was transfered in the bank, through the drivethru, or online.

They should know exactly where every single transaction goes through, whether it's a teller, machin, phone or on-line. They have to have a paper trail, or electronic trail for every transaction.

 

[Tiggeroo]

is there any possibility he has a tax lien or other debt that they would have attached his bank account for? It sort of sounds like that. Have they frozen your account because his account is negative and they want the funds to come from your account?

 

[momof3disneyholics]

They are literally saying that there is no record of the account anymore. I don't get it either. It was done electronically (online).
He is going down to the bank right now to sign the papers as a temporary fix since we both need money to live, but he will be calling another lawyer this afternoon.

 

[momof3disneyholics]

BTW, this is a very popular, national bank. I'm sure I can say the name here, but, at this point, I'm scared of getting sued for slander or something. I know it's probably impossible that would happen, but heck, who would have thought this would happen either?
I went on my lunch break and opened an account at another bank and I already changed my direct deposit information too. My paycheck tommorrow will go into the old account, so hopefully after he leaves the bank, I will be able to withdraw it and put it in my new account tommorrow.
My head is seriously pounding over this.

 

[momof3disneyholics]

A bank that truly believes the customer screwed up wants all their money immediately, not in monthly payments. The thing about the closed account number doesn't make sense to me either. If they issued the account number, they have record of it. Are you sure there's not more to this story he's not telling you?

No, I totally believe him. He is an honest man, and he would never do anything that would maybe harm his children or me. (he's the ex-husband for other reasons).
He is totally messed up too because he was suppose to move this weekend but had to put it off because he had no money to do so. He has always been very careful with his money, so I know there is not more to the story, except maybe on the bank's side.
In all the years we have had our accounts with this bank, we have never had a problem. Boy, it all sure piles up in one day.

 

[momof3disneyholics]

is there any possibility he has a tax lien or other debt that they would have attached his bank account for? It sort of sounds like that. Have they frozen your account because his account is negative and they want the funds to come from your account?

They froze mine too because his social is on my account therefore it is techinally a joint account, although all he does is deposit money into it.

 

[RadioFanatic]

They are literally saying that there is no record of the account anymore. I don't get it either. It was done electronically (online).
He is going down to the bank right now to sign the papers as a temporary fix since we both need money to live, but he will be calling another lawyer this afternoon.

I understand you need money, but I would be VERY careful as to what he is signing b/c he very well could be conceding liability and that he owes the money - I would see another attorney first, b/c seeing the attorney afterwards could be too late.

 

[momof3disneyholics]

I understand you need money, but I would be VERY careful as to what he is signing b/c he very well could be conceding liability and that he owes the money - I would see another attorney first, b/c seeing the attorney afterwards could be too late.

I didn't think about that, I'm calling him right now.

 

[Ava83]

I agree do not let him sign, even online there are records, if they are not there is an investigation waiting to happen. (an IP address can be traced, and what happened to the money it had to get taken out of the now closed account somehow)

They are violating rules that are set forth to protect consumers. Audit guidelines that have to be followed and their error is by no means your fault.

I would call the FDIC

 

[momof3disneyholics]

I agree do not let him sign, even online there are records, if they are not there is an investigation waiting to happen. (an IP address can be traced, and what happened to the money it had to get taken out of the now closed account somehow)

They are violating rules that are set forth to protect consumers. Audit guidelines that have to be followed and their error is by no means your fault.

I would call the FDIC

Ok, I will do that. How do I get in touch with them?

 

[Nana Annie]

I would also file a police report. The money was stolen by the person who transferred it into the now non-existing account.

Then, with a copy of the police report in hand - return to the bank and demand that they do an investigation of where the money went.

 

[ladycollector]

I would also file a police report. The money was stolen by the person who transferred it into the now non-existing account.

Then, with a copy of the police report in hand - return to the bank and demand that they do an investigation of where the money went.

ITA. Do not let the bank steal $3,500 from your ex. They are just trying to cover their butts by having him sign that. $3,500 is a lot of money and I would do whatever it took to get this straightened out. Good luck and keep us updated.