Assaulted, Wallet Stolen, Credit Cards Ran Up

[beli]

for the 100th post on this, i will say that i am sorry that suggested calling an attorney. if only because it seems to have distracted away from the fact that you must report fraudulent charges in writing. you must complain about improperly charged fees in writing! there is nothing you can do to improve the situation unless you write letters.

Not to mention include a copy of the police report. I can't believe the OP has not done this yet as it's been suggested through-out this thread. You are only allotted so much time to contest fraud charges. And given this happened almost a month ago, that time is coming up shortly. I can't remember if it's 30 days or 60.

 

An attorney will ask the OP this, and if he hasn't done any of the above, then I'm not sure what the attorney could do for the OP at this point since he has not filed proper procedures.

Edited June 6, 2010 by beli

[mj76]

This is what I've been trying to figure out for the last 2 weeks is the name and address that I need to send my letter to and the form that the appeal should be written in. I figured that it would all be explained to me somehow, but they simply don't want to tell me my rights.

 

I just called and spoke to the investigator again 30 minutes ago and finaqlly found out her name. she was telling me why my claim was denied and started talking about surveillance video. I knew then she had no clue who she was even talking to or what case she was referring to. She was arguing me on my claim, yet had my claim confused with someone elses. She didnt even know what she wastalking about.

 

She gave me the number to her supervisor "Enrique" who apparently mentored her on how to screw me on this case, and who I'll now have the pleasure of playing phone tag trying to get ahold of.

 

I just wish that they could give me facts on how to oppose or arbitrate this. and the letter would be typed up immediately. The investigator I talked to didnt even want to give me Enrique's last name, and when I called him I just got voicemail like usual.

 

So, I need to keep trying to find someone that can inform me of where to send my letter to. Or should I just send something to the president? Then surely no one will ever read it right?

 

Does anyone know the official addresss to write in my dispute about this as clutchcargo was saying, or should I just address everything generically to corporate as beli was saying? \

 

The original denial letter was dated May 14, and the funds would be reversed to my account on May 24. I called in May 25 and they told me they would "reconsider" my claim, then it was immediately denied again without them notifying me. So I just want to get this in to them well within the 30 days of reciept of thier garbage decision, but theyre making it difficult to find out how to file my appeal.

[centex]

Did you not keep the Terms and Conditions that came with the card (and the Amendments that followed)? Do you not have web access to read the BofA website where information can be located? Seriously, BofA account-specific contact information is relatively easy to find...even the monthly statements give SPECIFIC direction on billing disputes (which at its very root, this qualifies as).

 

And I am reluctant to even think of ANY BofA person associated with the account as an 'investigator.' They are more likely a glorified Monday-Friday pencil pusher who would not know the basics of an investigation that was capable of passing prosecutorial muster...

[bostonte]

They aren't going to explain your rights to you and hold your hand through acting upon them.

 

You don't need to know their logic and prepare a full case against them to start the writing process.

 

"I dispute the following charges on my account 12345. I did not make or authorize these charges. I request that a provisional credit be applied to my account while you investigate, and eventually remove these fraudulent charges."

 

You should have received (or will receive after a letter like I wrote above) a letter with an affidavit asking you to explain the circumstances and submit that signed and in writing. Probably asking for any substantiating documentation like the police report to be attached.

 

But the above simple letter would be enough to ensure the clock doesn't run out while you're waiting for them to tell you to write them.

[mj76]

They aren't going to explain your rights to you and hold your hand through acting upon them.

 

You don't need to know their logic and prepare a full case against them to start the writing process.

 

"I dispute the following charges on my account 12345. I did not make or authorize these charges. I request that a provisional credit be applied to my account while you investigate, and eventually remove these fraudulent charges."

 

You should have received (or will receive after a letter like I wrote above) a letter with an affidavit asking you to explain the circumstances and submit that signed and in writing. Probably asking for any substantiating documentation like the police report to be attached.

 

But the above simple letter would be enough to ensure the clock doesn't run out while you're waiting for them to tell you to write them.

 

 

I haven't had internet access the last couple of weeks and couldnt reply to this until now. The original fraud claim was already filed, and the police report was sent to them already. They claimed they did a thorough investigation already according to Samantha Saballa who was rude and condescending throughout with me and her supervisor Enrique she claims helped her determination. She claims 3 investigators have all looked at the case, and if I call back to tell me that the decision is final.

 

I've talked with a couple of attorneys who could only tell me they could help me with the bankruptcy, but I dont wannt to file bankruptcy over a thug who stole my wallet.

 

Also with regards to the cardmember agreement, I couldn't find it, but I looked at one of my other cards agreements and it mentions something about an arbitrator. Then from what I've heard about arbitrators, they rule in favor of the baqks 95% of the time. All they need to do is track down the fingerprint or have a handwriting expert look and see that its a forgery of my signature. But I cant find anyone thats able to inform me of how I can do this. Ive talked to everyone under the sun now, and i dont really want to rely on some rigged arbitation process and start my life over from scratch again.

Edited June 12, 2010 by mj76

[LKH]

They aren't going to explain your rights to you and hold your hand through acting upon them.

 

You don't need to know their logic and prepare a full case against them to start the writing process.

 

"I dispute the following charges on my account 12345. I did not make or authorize these charges. I request that a provisional credit be applied to my account while you investigate, and eventually remove these fraudulent charges."

 

You should have received (or will receive after a letter like I wrote above) a letter with an affidavit asking you to explain the circumstances and submit that signed and in writing. Probably asking for any substantiating documentation like the police report to be attached.

 

But the above simple letter would be enough to ensure the clock doesn't run out while you're waiting for them to tell you to write them.

 

 

I haven't had internet access the last couple of weeks and couldnt reply to this until now. The original fraud claim was already filed, and the police report was sent to them already. They claimed they did a thorough investigation already according to Samantha Saballa who was rude and condescending throughout with me and her supervisor Enrique she claims helped her determination. She claims 3 investigators have all looked at the case, and if I call back to tell me that the decision is final.

 

I've talked with a couple of attorneys who could only tell me they could help me with the bankruptcy, but I dont wannt to file bankruptcy over a thug who stole my wallet.

 

Then do some searching for the office of the president and call them directly AND send them a letter explaining the sutuation.

[beli]

They aren't going to explain your rights to you and hold your hand through acting upon them.

 

You don't need to know their logic and prepare a full case against them to start the writing process.

 

"I dispute the following charges on my account 12345. I did not make or authorize these charges. I request that a provisional credit be applied to my account while you investigate, and eventually remove these fraudulent charges."

 

You should have received (or will receive after a letter like I wrote above) a letter with an affidavit asking you to explain the circumstances and submit that signed and in writing. Probably asking for any substantiating documentation like the police report to be attached.

 

But the above simple letter would be enough to ensure the clock doesn't run out while you're waiting for them to tell you to write them.

 

 

I haven't had internet access the last couple of weeks and couldnt reply to this until now. The original fraud claim was already filed, and the police report was sent to them already. They claimed they did a thorough investigation already according to Samantha Saballa who was rude and condescending throughout with me and her supervisor Enrique she claims helped her determination. She claims 3 investigators have all looked at the case, and if I call back to tell me that the decision is final.

 

I've talked with a couple of attorneys who could only tell me they could help me with the bankruptcy, but I dont wannt to file bankruptcy over a thug who stole my wallet.

 

Then do some searching for the office of the president and call them directly AND send them a letter explaining the sutuation.

 

Gee didn't Ialready post that information a page or two ago?

[LKH]

They aren't going to explain your rights to you and hold your hand through acting upon them.

 

You don't need to know their logic and prepare a full case against them to start the writing process.

 

"I dispute the following charges on my account 12345. I did not make or authorize these charges. I request that a provisional credit be applied to my account while you investigate, and eventually remove these fraudulent charges."

 

You should have received (or will receive after a letter like I wrote above) a letter with an affidavit asking you to explain the circumstances and submit that signed and in writing. Probably asking for any substantiating documentation like the police report to be attached.

 

But the above simple letter would be enough to ensure the clock doesn't run out while you're waiting for them to tell you to write them.

 

 

I haven't had internet access the last couple of weeks and couldnt reply to this until now. The original fraud claim was already filed, and the police report was sent to them already. They claimed they did a thorough investigation already according to Samantha Saballa who was rude and condescending throughout with me and her supervisor Enrique she claims helped her determination. She claims 3 investigators have all looked at the case, and if I call back to tell me that the decision is final.

 

I've talked with a couple of attorneys who could only tell me they could help me with the bankruptcy, but I dont wannt to file bankruptcy over a thug who stole my wallet.

 

Then do some searching for the office of the president and call them directly AND send them a letter explaining the sutuation.

 

Gee didn't Ialready post that information a page or two ago?

 

 

I don't know. I haven't read the whole thread. The woe is me was getting to me.

[beli]

They aren't going to explain your rights to you and hold your hand through acting upon them.

 

You don't need to know their logic and prepare a full case against them to start the writing process.

 

"I dispute the following charges on my account 12345. I did not make or authorize these charges. I request that a provisional credit be applied to my account while you investigate, and eventually remove these fraudulent charges."

 

You should have received (or will receive after a letter like I wrote above) a letter with an affidavit asking you to explain the circumstances and submit that signed and in writing. Probably asking for any substantiating documentation like the police report to be attached.

 

But the above simple letter would be enough to ensure the clock doesn't run out while you're waiting for them to tell you to write them.

 

 

I haven't had internet access the last couple of weeks and couldnt reply to this until now. The original fraud claim was already filed, and the police report was sent to them already. They claimed they did a thorough investigation already according to Samantha Saballa who was rude and condescending throughout with me and her supervisor Enrique she claims helped her determination. She claims 3 investigators have all looked at the case, and if I call back to tell me that the decision is final.

 

I've talked with a couple of attorneys who could only tell me they could help me with the bankruptcy, but I dont wannt to file bankruptcy over a thug who stole my wallet.

 

Then do some searching for the office of the president and call them directly AND send them a letter explaining the sutuation.

 

Gee didn't Ialready post that information a page or two ago?

 

 

I don't know. I haven't read the whole thread. The woe is me was getting to me.

Oh, I know you probably didn't read the whole thread. I posted it more meant sarcastically then anything else. the whole "woe as me" attitude was getting to me too.. but everyone has given the OP advice, he just chooses not to follow it. (or so it seems) he'd rather sit and complain about it.

Edited June 13, 2010 by beli

[mj76]

Well, sorry for the "woe is me" stuff.

 

When I started this thread at first I was pretty banged up and not thinking right and not even knowing if i was going to have any other effects from the head trauma, and was pretty freaked out about it. I'm sure I'm not the only one that would be.

 

At that time I also didn't anticipate the bank reversing the 11,000 dollars back to my account on top of all of the other stuff ive had to deal with.

 

I have heard LOTS of suggestions of which I've tried them all and gotten nowhere so far except other suggestions from the suggested people who loop me back to where I started. So I guess at this point I just send a letter to the president of BofA which will probably get trash canned.

 

I really hadnt ever heard of a situation like this, or if it occured, then the fraudulent charges were USUALLY reversed. So that is why I am trying everything I can on this.. My apartment is nothing but papers and copies and phone numbers etc scattered all over for the last month and I'ts pretty exhausting keeping it all straight. i've been trying to do too many things at once on my own.

 

Honestly if I had immediately sent a letter to BofA president's office, why wouldnt they just glance at it, and take the same stance as the fraud investigator on this, or would he even bother to look at my situation? For some reason I highly doubt it with all of the mail and cases they get mine is just less than a tiny speck. Most of the people here replying haven't even read the whole situation, even though I explained it as thoroghly as I could. So I'm thinking why would BofA's president read or care at all about it? I dont really want to waste more time firing off letters everywhere that I dont even know if theyre going to the right people or right addresses, then even so, this is a huge bank.

 

I'm pretty sure by now they will tell me I've wasted my timeframe for any kind of appeal which is what I've been trying to figure out how to do. I think the decision letter was mailed out on may 14, but I didnt recieve it until may 24, after I had already started this thread.

 

So, I'm thinking just in case they try to say I only had 30 days from May 14th I should fax in some sort of letter telling them I am appealing their decision (which I still havent even been informed I can or can't do) Then send out a hard copy on Monday CMRRR to the office of their fraud division (I cant find anywhere who it should be addressed to exactly) and to the office of the president?

 

My intention I'm going to tell them since apparently they have no fingerprints or video etc. at this point is to get copies of all 6 of the cash advance stubs from GCA (Global Cash Advance) the company the casinos use for their cash advances. Then I'm trying to find any signatures of mine from the past that I can come up with, and retain the service of a forensic documents examiner and expert handwriting analyst. I am confident that they would be able to verify the signatures on the cash advances were forgeries. I just dont want to waste the money to get these documents examined if this type of expert tetimony isnt allowed to be considered or admitted into what ever type of appeal hearing this will be. (I still dont know what it is)

 

There are some things I need to know if I'm going to get this thing solved, but it's not like these are everyday circumstances that everyone has all of the answers to. There are lots of other circumstances surrounding this whole thing that I am skeptical a generic letter to the presidents office will solve or even help any.

 

I guess I just need to simplify things some,

 

1)Is anyone familiar with how this appeal is done (AFTER theyve claimed to have made their final decision) or 2) what the time frame is from the date of them sending the original decision letter, or the "reconsideration" letter? 3) Does this time frame start from the original decision letter or the "reconsider" decision letter? 4) Will they consider a notorized letter of opinion from a forensic documents examiner or handwriting analyst?

Edited June 13, 2010 by mj76

[beli]

<sighs> read your letter over again. There SHOULD be an address for an appeal and how much time you have. People have told you to write the letter two-three weeks ago, but yet you haven't done it.

[mj76]

<sighs> read your letter over again. There SHOULD be an address for an appeal and how much time you have. People have told you to write the letter two-three weeks ago, but yet you haven't done it.

 

Beli, there SHOULD be I agree, but there isn't! And no, I cant find a single person to tell me who to write or where to write they say its FINAL. Here is the last letter they sent me :

 

May 25, 2010

 

Dear ME:

 

You recently contacted Bank of America requesting that we re-evaluate the above referenced ATM/Check Card dispute.

 

We have done a thorough second review of your case, and have concluded that our original determination was correct: no posting error has occured on your account.

 

Therefore, we are unable to credit your account, thus closing this dispute.

 

They then say the 800 number to call to request documents they referenced to reach this decision. The document I already looked at and its a laughable forgery of my signature on one of the 6 cash advance stubs. The 800 number or Enrique the fraud claims supervisor is screening my calls and avoiding me.

 

On the lighter side of things, I got preapproved for a 20,000 dollar penfed in the mail the other day. H

[beli]

Is your local branch manger willing to sign an affidavit stating that the signatures aren't yours? Have you given them the police report? Contact your local branch manager and see if he/she has an address for the fraud department since they are so willing to work with you that you can mail the stuff too. If not mail it to Headquaters, and that you are still appealing their decision.

[mj76]

Is your local branch manger willing to sign an affidavit stating that the signatures aren't yours? Have you given them the police report? Contact your local branch manager and see if he/she has an address for the fraud department since they are so willing to work with you that you can mail the stuff too. If not mail it to Headquaters, and that you are still appealing their decision.

 

I'm not sure if she would want to put her neck on the line like that even though she told me it looks nothing like my sig. I was also suggested this off the record by a BofA CSR the other day. She told me go into the branch and have the manager call some number she wasnt supposed to give me and ask to talk to a supervisor and give their opinion.

 

I guess it is worth a shot to try it, but they seem pretty dingy over there at the local branch concerning this issue.

 

I did just find out about the Office of the Comptroller of Currency, and I just filed a complaint with them at http://www.occ.treas.gov/customer.htm

 

I used the entire 4000 character maximum and hope I explained everything well enough. I gave them Samanthas supervisor, Enrique's phone number as the contact person at the bank. So we will see if anything happens with that.

[beli]

You still need to write a letter to HQ's appealing their decision. Nothing will get done without that.. that is if your branch manager can't give you the address for Fraud department.. did you ever send in your police report? You need to do that as well if you have, otherwise the complaint to OCC will be fruitless for not following proper procedures.

[riverdog7]

Just my opinion, but I don't believe this for a second.

 

At least, not the story the way it's been told.

[crazymonkeycat]

I am skeptical a generic letter to the presidents office will solve or even help any.

 

Why would you ever write a generic letter to the presidents office let alone a generic letter for a situation like this? Your story and this amount of money will get his attention one way or another.

[beli]

I am skeptical a generic letter to the presidents office will solve or even help any.

 

Why would you ever write a generic letter to the presidents office let alone a generic letter for a situation like this? Your story and this amount of money will get his attention one way or another.

I completely missed a "generic" letter.. sigh... as crazy said... why in the bloody world would you send a generic letter in a situation like this? It just boggles my mind the amount of time wasting, not to mention the whole "What good will it do" attitude.. is beyond my comprehension. if what happened to you, happened to me I would've had a letter, along with police reports to the president the DAY I got the refusal to accept fraud charges.

 

I've spent enough energy on this, if you don't want to do what you need to do, then no amount of typing or anything from any of us is going to convince you to do anything.

 

All I have to say I hope like hell they don't try and file a lawsuit to recover those bounced checks because they will, and it could be considered a felony given the amount.

Edited June 14, 2010 by beli

[riverdog7]

So, the OP was mugged for the SECOND time in two months, and yet police/casinos/banks/credit card companies are doing next to nothing to help him? Now, that makes me wonder. Why would they NOT help a self-admitted gambler, who also admits to getting drunk when he gambles?

 

Could it be that they see HIM on the videotape taking the cash withdraws, or using the credit cards? Could it be they think they have someone who is either too drunk to remember what he was doing or is trying to get out of some serious gambling debts?

 

Just wondering.

[beli]

So, the OP was mugged for the SECOND time in two months, and yet police/casinos/banks/credit card companies are doing next to nothing to help him? Now, that makes me wonder. Why would they NOT help a self-admitted gambler, who also admits to getting drunk when he gambles?

 

Could it be that they see HIM on the videotape taking the cash withdraws, or using the credit cards? Could it be they think they have someone who is either too drunk to remember what he was doing or is trying to get out of some serious gambling debts?

 

Just wondering.

This is what I'm starting to believe as well. Well did the whole time but wanted to offer at least what the proper procedures to do would be.. but considering the Op's not even willing to do that, I really have my doubts.

[bullthistle]

Brian T. Moynihan

Chief Exec. Officer, Pres

Bank of America Corporation

100 North Tryon Street

Charlotte, NC 28255

 

Send it either FedEx or USPS with confirmation

[sjca]

So, the OP was mugged for the SECOND time in two months, and yet police/casinos/banks/credit card companies are doing next to nothing to help him? Now, that makes me wonder. Why would they NOT help a self-admitted gambler, who also admits to getting drunk when he gambles?

 

Could it be that they see HIM on the videotape taking the cash withdraws, or using the credit cards? Could it be they think they have someone who is either too drunk to remember what he was doing or is trying to get out of some serious gambling debts?

 

Just wondering.

+1

[breeze]

OP, if you don't submit a written dispute, you haven't disputed yet. The correct address is on your letter, also somewhere on their website.

[breeze]

Guys, please don't accuse people, like some of you are. I know you feel insightful and wise, but it doesn't help anyone but you and your ego. We just don't do this kind of "outing" here on CB in situations like this.

[mj76]

Thank you breeze, this cynicism is really beginning to upset me as well. I have been completely open throught this whole incident.

 

It almost proves my point, how rediculous this whole thing is if these people here are doing nothing but accusing me of lying also. I've posted case numbers, web addresses etc. to check validity of even before this decision was made, and random chimers in still think I'm lying, and that the system is just. Either that, or they think that I deserve everything thats come to me for supporting Reno tourism for cheap way to pass time on a few given nights.

 

Is this a messed up, and complex situation? Yes. Is it a real situation? Yes. Did I provide proof of all of this? Yes. Have you ever been intoxicated and not on top of your game before? Im guessing the answer is "YES" also. If the answer was yes, do you think that this punishment fits the crime?

 

Anyways, I just composed a quick letter which I'm forwarding via fax tomorrow morning to BofA headquarters, the fraud dispute div, etc. This is in follow up to my OCC complaint, which has already been accepted.

 

Can anyone please advise me if this is an acceptable letter to send? Anything I should exclude, or include? Like I've said before, I was never informed of the proper procedures so this is what I've come up with, all constructive criticism is welcomed.

 

 

June 14, 2010

 

Bank of America

Dispute Resolution Services

P.O. Box 53137

Phoenix, AZ 85072-3137

 

SUBJECT : FORMAL DISAGREEANCE OF FRAUD CLAIM INVESTIGATION

 

Claim Number: 3278907APR10

 

 

 

To Whom It May Concern:

 

 

I xxxxxxxxx am writing this letter as a formal appeal to the fraud investigation decision that was made concerning the above-referenced claim. I was not informed of my rights after my claim was denied by Samantha Saballa, or her supervisor whose name she refused to disclose, but whom I learned was named “Enriqueâ€.

 

I do not feel that the reason of Samantha Saballa’s decision to deny my fraud claim was just or fair. She only provided 1 of the 6 forged documents from the fraudulent casino cash advances that were drawn on my account. She refused to consider the existence of surveillance video, as well as the existence of fingerprint impressions that were made at the point of transaction that would prove the charges were not made by me. There was an incorrect PIN attempt at an ATM 15 minutes prior to the first fraudulent withdrawal. She was unwilling to consider possible video surveillance at the Bank of America location where the withdrawal was attempted. None of my past perfect payment history and financial records were considered, nor the fact that I had just made payments to pay off several other credit cards before this occurred as an attempt to not get into debt. She did not consider a numerous amount of things that a reasonable unbiased person would have considered in her decision.

 

She claimed the forged signature “resembled mine†as her entire reasoning for my claim denial, without speaking with me once on the telephone, and I do not feel that she is qualified to make this assessment. I have had other numerous opinions from local Bank of America staff that agrees it is not my signature. I have retained the services of forensic document examiner and handwriting analyst experts with certifications and credentials in this field which I requested a notarized letter be considered from them which she also refused. I am in the process of recovering all 6 casino cash advance forms from GCA as I have spoken with their fraud dept supervisor. I will then find every past signature I can come up with that is authentically mine, against the forgeries and have them examined by an expert in the field. It should also be noted that I had to file the initial police report over the phone, and was not pleased with the way it was written up by the officer in jest. I went to file a formal complaint about how the officer wrote the report, and was informed she had been terminated. I think this also played a part in the decision unfairly. Additionally, Samantha had my claim confused with someone else’s when I spoke to her on the phone, leading me to believe my claim was improperly handled. Because I have never had a late payment on my credit history and to stay in good standing until this dispute is resolved correctly, I have made a good faith payment on this fraudulent debt which has put me and my family’s future in jeopardy.

 

I still have not been informed as to how someone was able to withdraw over $10,000 in cash funds on a debit card that had no funds attached to to it in 6 separate withdrawals, without something being flagged for irregular account activity. I also have not been informed how my credit card became an overdraft protection for my unused checking account.

 

I feel that Bank of America is in gross negligence concerning this investigation, and have breached their “no liability†clause. I have contacted the Office of the Comptroller of Currency, the FTC, and Attorney General’s office, as well as any news and media outlets this may be of interest to concerning the difficulty I’ve had resolving this claim with Samantha, as well as her unprofessionalism in simply informing me of my rights as a consumer throughout this ordeal. I feel that if the forgery of my signature was what was the determining factor in this matter, that I should be allowed to submit the expert opinion of a forensic document examiner and handwriting analyst as well as other facts of this case be considered.

 

I will also be forwarding information regarding this case and my dispute of these fraudulent charges to the office of the president and brian.t.moynihan@bankofamerica.com for consideration on resolving this matter. I am forwarding fax copies to Bank of America’s Dispute Resolution Services, and Fraud Claims Department, Bank of America headquarters in Tyron, NC. A Certified Mail Return Receipt Request letter concerning my disagreement of this decision will be mailed out Monday Jun 14 2010.

 

I will await a response from someone knowledgeable about my claim, and how my claim appeal will be handled. I am hopeful that this matter can be resolved properly without any further and unnecessary litigation. I can be reached at XXXXXXor XXXXXXX.

 

 

 

Regards,

 

ME

 

 

 

Is this acceptable as a form of appeal since I have nothing else to work with? I am new to this whole beauracracy thing, but I wanted to keep it to a 2 page fax, and make as many points as I could.

 

Should I revise it any, if I should then how so?

 

 

 

 

Edited to remove personal info

Edited June 14, 2010 by mpc578