• Report: #790883

Complaint Review: TD Bank

Thank You

Read how Ripoff Report saves consumers millions.

  • Submitted: Thu, October 20, 2011
  • Updated: Thu, October 27, 2011

  • Reported By: Abused — Melville New York U.S.A.
TD Bank
Main Street and Rte 112 Patchogue, New York United States of America
  • Phone: 888-751-9000
  • Web:
  • Category: Customer

TD Bank Lisa Holland, Donna Maiorino, Peter Del Bianco, Christine Richmond Hodges Do you think you want to do business with TD Bank? Patchogue, New York

*General Comment: authors reply to robert

*Consumer Comment: Just so ken doesn't have to

*Consumer Comment: Thanks for the vote of confidence, Chuckles...

*Consumer Comment: Hi Charles

*Consumer Comment: To the op just ignore ken he harasses people on ripoff report and gets away with it he is a loser he doesn't scare me he knows cyber bullying is agaisnt the law

*General Comment: reply by author to voiceofreason and ken

*Consumer Comment: Robert was posting some good observations and detailling some of the problems with banking as you do...

*Consumer Comment: Not sounding like a ripoff

*General Comment: reply to robert by author

*Consumer Comment: Sorry

*General Comment: reply by author

*Consumer Comment: Suspicious Behavior

*Consumer Comment: Reply?

*Author of original report: reply to intelligent consumer

*Consumer Comment: self-induced problem

*Consumer Comment: Thanks

What's this?
What's this?
What's this?
Is this
Ripoff Report
About you?
Ripoff Report
A business' first
line of defense
on the Internet.
If your business is
willing to make a
commitment to
customer satisfaction
Click here now..

Does your business have a bad reputation?
Fix it the right way.
Corporate Advocacy Program™

SEO Reputation Management at its best!

 
The following complaint No. 1354599 was filed with the Comptroller of the Currency.

I opened this account on the first day the Bank came to my area in 2002. It was a DBA account. A new Manager named Donna Maiorino came to the Bank a few years later. About 3 years ago I encountered a situation where they would no longer allow me to cash checks against my account because it was a business account. There was not a lot of checks. This apparently was started by this Manager. These checks were not made out to the business name but to me personally. I know that a check made out to a business has to be deposited. Every other bank that I have asked has said a personal check is no problem. At the time I contacted the Bank's Chairman's office. It was Commerce Bank at that time. Everyone that I spoke to at the headquarters did not see any reason why I could not cash such a check. Their Deposit Account Agreement says they will cash checks against the account. This situation was temporarily resolved when the Bank put a notation on my account stating that I should be able to cash these checks.
I was then able to cash checks for an extended period although I had to call tellers' attention to the notation a couple of times.

 At the beginning of this year I began having the same problem. The Manager again said that she did not want me to cash these checks so I spoke to a Vice President named Lisa Holland. She said the same thing that everyone in administration did that cashing them should not be a problem. There were very few checks. The vast majority of these checks were very small and there was only one that I got regularly every month and this was under $10.00 The headquarters emailed the Manager about the situation. She sent an email back stating that the only way that the checks would not be cashed was if I did not have enough funds to cover them. A copy was sent to me. The issue of sufficient funds was never raised relating to this situation. The only issue was cashing personal checks against a business account. Was she now denying that this ever happened? In the meantime all the tellers at the local branches were not accepting these checks from customers to cash. Is it possible that she did not want to put it in writing for some reason? Ms Holland then put a notation on my account that I could cash these checks. This concluded this episode.

 I continued to cash the checks until October 6. There were some instances where I had to call the tellers' attention to the notation. On this day the teller said she could not cash them against a business account. I told her to check the notation. She said she was going to ask the same Manager. She said the Manager said that I could not cash it. I then called Lisa Holland who previously put on the notation. I got her secretary and left a message. The Manager Donna called later. She said the way it was left off last time was that I needed to open a personal account to cash checks. I told her that this was not the way it was left off and a notation was put on that I could cash them. She also made statements such as there were government regulations against cashing them. I said I was going to call Ms. Holland. I called and left her a voice mail message. An hour or so later the Manager called me back again and said that she spoke to Ms. Holland. She said they decided to close the Account. This was after Ms. Holland put on the notation the last time that I spoke to her.

I then called the Chairman's help line at the Bank headquarters and spoke to Christine Richmond-Hodges. She seemed concerned and asked if I would be at my number the next morning. She also confirmed seeing Ms. Hollands previous notation on the account at that time. She said that she was going to contact Ms. Holland. to see what was going on. The next day neither Ms. Holland or Ms. Richmond called back. In late afternoon I received a call from Peter Del Bianco. I believe he is the Regional Manager. He was the only one that agreed with the Manager the previous time about the check cashing.. He apparently has a close working relationship with her. He said they were sticking to their position and I could not open an account at any TD Bank. I tried to tell him that there appeared to be a communication problem in that they did not give me any notice since the notation was put on but he cut me off. When I asked if I could say something he said no. I do not know why the other two people who previously attempted to help never called back. He apparently is the person who handles these things. Do they think they are not a part of it if they do not call back? Shortly before Mr. Del Bianco's call I spoke to the Manager of the Medford Branch which is a couple of miles down the road. He said that there was no problem cashing these types of checks. I then went down and cashed the two checks in question totaling about $15.00. (On previous occasions this Branch also refused to cash these checks.)



1. The Account Agreement says that they will cash checks against the account. I think only a regulation would justify them not doing this. I do not think all other banks would be cashing them if there was such a regulation. All the local branch tellers are saying they do not cash them but when you speak to anyone in administration they deny that this is the policy.. Even the Manager in question put in her email that this was not the policy. Is it possible that no one wants to put it in writing? When they put the notation on my account they knew that the Manager was still engaging in the same procedure.

2. I was given no notice about any change of policy as far as the notation that was put on my account before they closed the account. The last thing that happened was that the VP put on the notation that I could cash them. They are now saying that I cannot open an account at any TD Bank I wrote a certified letter to this manager on 10/12 asking why I was not given any notice about a policy change and did not receive an answer. Copies were sent to Ms. Holland and Ms. Richmond who also did not reply.

Lisa Holland responded to the above complaint for TD Bank to The Comptroller of the Currency: She did not even mention the issue of cashing personal checks against a business account.
She stated that the customer was continuously trying to cash checks with insufficient funds in the account to cover the checks. She said I continued to argue the issue with the Manager and she even spoke to me about it. Is this the standard cover story?
My response was:

Dear Sirs:



I recently received the undated reply from TD Bank. Are they saying that the whole thing never happened? Do they not want to admit doing it?



This was not about sufficient funds but that they would not cash this type of check against a business account.. Every teller in this area can verify it as can the customers who were subjected to it. As stated the majority of checks were under ten dollars and there was not a lot of checks. It was not worth doing several transactions for a few dollars. The last incident involved two checks totaling about $15.00. There was about $1000.00 in available funds at the time and they would not cash them. All this is verifiable from account records and phone records. This documents that the incident happened about refusing to cash checks with sufficient funds. I have had accounts for over forty years and know you generally need sufficient funds to cash checks. I have also never run into this. In the last conversation with Del Bianco he said Lisa Howland extended you a courtesy with these checks but they would not continue to do so. He said they would not cash checks against a business account. He also said you do not want to open the appropriate type of account. Ms Holland stated they never allowed me to cash checks against insufficient funds. He said nothing about insufficient funds. This conversation is on my answering machine tape if anyone wants to hear it. I would hope an unresponsive letter would not prevent the appropriate follow up from being taken.

 . . 1. With respect to the question of cashing checks with insufficient funds: Is this their standard cover story? In the 8 years that I had the account I remember about 4 or 5 incidents of asking to cash checks against insufficient funds. In just about every incident they cashed them. There were no arguments about it. Phone records would show that the only time that I spoke to Lisa Holland was in early 2010. This was when she put the notation on the account as verified by her secretarie's voice mail mentioned below. There are no other phone records documenting that she spoke to me .

2. When the Bank first opened I recall that it was the policy to cash checks without sufficient funds to cover them.

3. Why did this happen when I unsuccessfully tried to cash $15,00 in checks with $1000.00 in available funds in the account? This is in the Bank and phone records This shows it was not about insufficient funds . 4. As stated I regularly get only one check under $10.00 and would not have checks to cash against insufficient funds.There would be records of such checks somewhere and there is not. My records would show I get no such checks. It would be an isolated incident. . 5. I found an additional voice mail message from 3/10 in which Ms. Holland's secretary Danielle states that she checked and confirmed that Ms. Holland's notation is on the account and that I should have no trouble cashing checks against the account in the future. This recording is available.



Lisa Holland then replied to my response again saying we declined to cash checks in cases where the customer did not have sufficient funds. She said it was meaningless at this point to debate whether I had sufficient funds on a particular day. If this particular day is when the last incident happened causing them to close the account it shows what this was about. It shows insufficient funds was not the issue. She said they consider the matter closed. She made no mention of the recorded phone conversation. . If they subject the customer to a procedure that they will not admit to, is this a good indication that the customer is justified in protesting it? If they simply said this is our policy that would have been the end of it. If a Bank has officers and managers who just make up anything that they feel like saying, mistreat customers, and then lie to government agencies; how many people would want to do business with this Bank? Would I be justified in thinking that I had good reason to get away from the world's most convenient bank long before this based on what was going on? If customers tried to cash such a check against a business account they could not. But if they call the main office or even the branch they would say no problem and deny the procedure exists.

The Comptroller of The Currency said it does not have judicial power to enforce or interpret private agreements and the customer would need to get an attorney. There was no request to hear the available recordings. These are still available. I assume copies of the case documents could be gotten from the Comptroller of the Currency. I did not see this as a contract dispute but a question of how this Bank treats customers , if they lie to government. agencies.and if they subject customers to an abusive procedure that they will not admit to and then lie about it.



This report was posted on Ripoff Report on 10/20/2011 01:19 PM and is a permanent record located here: http://www.ripoffreport.com/r/TD-Bank/Patchogue-New-York-/TD-Bank-Lisa-Holland-Donna-Maiorino-Peter-Del-Bianco-Christine-Richmond-Hodges-Do-you-790883. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

Click Here to read other Ripoff Reports on TD Bank

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Search Tips
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
REBUTTALS & REPLIES:
1Author 15Consumer 0Employee/Owner
Updates & Rebuttals

#1 General Comment

authors reply to robert

AUTHOR: abused - (United States of America)

 

I think your getting into questions that are none of your business. I understand that this is what you are left with. I will tell you that these checks are whats left of residual payments for work that I did years ago. As you can see Ken already was unable to list any valid issues that you raised as are you. I do not say I can cash checks anywhere but where the account agreement says so.

Respond to this report!
What's this?

#2 Consumer Comment

Just so ken doesn't have to

AUTHOR: Robert - (U.S.A.)

What valid issues or points did Robert raise that I should respond to?

-
To save Ken from responding, I will tell you that you don't have to respond to anything I have said previously.  Because it is obvious that you would just respond with the same "I have a right to cash a check wherever I want".

But there is something that perhaps you can explain.  I have never heard of a company just sending out money for no reason.  So what is the reason that this company is sending you $10 checks every month and other companies are sending you various amounts at less regular intervals.
Respond to this report!
What's this?

#3 Consumer Comment

Thanks for the vote of confidence, Chuckles...

AUTHOR: Ken - (USA)

#12 Consumer CommentTo the op just ignore ken he harasses people on ripoff report and gets away with it he is a loser he doesn't scare me he knows cyber bullying is agaisnt the lawAUTHOR: J - United States (USA)SUBMITTED: Wednesday, October 26, 2011POSTED: Wednesday, October 26, 2011

Ken is nothing but a cyber bully just ignore him.  He doesn't scare me at all for him to attack the consumers makes him a sorry BUM.

I don't apologize for commenting on Ripoff Report.  Please point out the "cyber-bullying" that I do.

ANYONE, you included, posting on ROR should expect responses, some they don't agree with....learn to live with it or stop posting.

This "sorry BUM" has to go now and plow a huge snowstorm out of the yard....have fun, all.

Respond to this report!
What's this?

#4 Consumer Comment

Hi Charles

AUTHOR: voiceofreason - (United States of America)

How ya doin, man?
Respond to this report!
What's this?

#5 Consumer Comment

To the op just ignore ken he harasses people on ripoff report and gets away with it he is a loser he doesn't scare me he knows cyber bullying is agaisnt the law

AUTHOR: J - (USA)

Ken is nothing but a cyber bully just ignore him.  He doesn't scare me at all for him to attack the consumers makes him a sorry BUM.
Respond to this report!
What's this?

#6 General Comment

reply by author to voiceofreason and ken

AUTHOR: abused - (United States of America)


 

Reply to voice of reason

 

If you bet it violated a regulation or law you are wrong. I know for a fact that Capital One. and Wells

Fargo dont think twice about it. I know of no banks that have this policy. I assume that they would have a right to if they did it the right way. The Comptroller in its response said they only deal with issues of regulation and laws pertaining to banks and this was not the case here. In other words there is no regulation. If there was a law the Bank would have brought it up in the response. Why does everyone at the Bank deny it is the policy if there was a regulation? Unless something has changed you could call the head office and they would say no problem cashing these checks.

 

You do not fully understand what happened. I never asked for an exception. When I ran into this I knew it was never the policy before and had never heard of such a thing. When I asked administration nobody would admit to the policy. They said there was no reason they should not cash these checks. These people were higher up than the people in the branch. What should a customer do in this situation except getting caught in the middle? They put these notations on without me asking. After putting up with this baloney for a long time you see what happened. This was not a corporate account which would have been different but a dba in which the owner and the business are considered one of the same.

 

I did not get a personal account because 1. I did not need it 2. They (the administration) told me this was not the policy and I should be able to cash these checks 3. There is no law or regulation.

 

It never occurred to me that it would be a legal issue and it is not a legal issue.

 

If they put in the account agreement that they will cash checks against the account(which they do) and then do this under the table because they dont want to list it in the agreement (or for any other reason) would this qualify as a rip off to new customers looking at the agreement?

 

Reply to Ken

 

Its easy to talk in generalities. What valid issues or points did Robert raise that I should respond to?

Respond to this report!
What's this?

#7 Consumer Comment

Robert was posting some good observations and detailling some of the problems with banking as you do...

AUTHOR: Ken - (USA)

YOU come back with "ha-ha-ha" stupidity.

I'd say you're not good at accepting a good faith effort to help you.

Have fun dealing with your own problems...you've done so well so far.  ;)
Respond to this report!
What's this?

#8 Consumer Comment

Not sounding like a ripoff

AUTHOR: voiceofreason - (United States of America)

Despite the willingness of certain people at that bank over the years to cash personal checks against your business account, I'm betting that doing so violates various laws or regulations. Hence, the refusal of other employees/managers to do so, despite "notations" or whatever sundry agreements were made with you by others.

Why on earth don't you, or didn't you, simply open a personal account with TD as well to handle the petty cash checks made out to you?

I'm not ready to assume that your motives were fishy in wanting this "convenience"; I'd rather think it just never occurred to you that this might become a legal issue.

But I suggest you don't do this check mixing any longer at any other bank.
Respond to this report!
What's this?

#9 General Comment

reply to robert by author

AUTHOR: abused - (United States of America)

  I have carefully reviewed your last unresponsive response.  My response is HA HA HA

HA HA HA
Respond to this report!
What's this?

#10 Consumer Comment

Sorry

AUTHOR: Robert - (U.S.A.)

I think that Robert from Irvine should get a supervisor position with the Comptroller's Office so that he could tell them what complaints are valid.
-
Sorry I don't do Government Work, I have too many other companies I work for.

why would all this be conveniently ignored by the writers?
- Because you wrote a novel to try to justify how you were Ripped off.  Perhaps you should have worked on editing your "report" down a bit.

My personal account is at an internet bank where I cant cash checks

- Not knowing what Internet bank you are talking about or when you opened it, every Internet bank I have seen has the ability to mail in checks for deposit.  Some are even going to using your Smart Phone to do the deposit Electronically.  Is $10 once a month that urgent to you that you can't wait an extra few days to have it deposited by mail?  So nice story but still a bit sketchy.

They also keep copies of all cashed checks just like deposited checks.
- This could be your downfall.  Because TDB will show an extra $100 a year coming into the account and written to you not your business.   So if you ever get audited you are going to have to explain to them why you mixed personal and business and hope the IRS buys your story.  Personally I could care less what you do so you can take it or leave it.  But for a $100 do you even want to put up huge red flags?

I never heard of writing checks to an individual instead of his business and not paying sales tax.
- Sorry but I call BS on that statement.  You may have never done it, but to say you have never heard of that is not helping your case.

If it were down the street I still would have a right to cash checks at TD Bank

- Right?  Where do you get the idea that cashing a check is a right?   
Again since you seem to be lacking some reading comprehension.  I don't believe that anyone is saying you can't cash the check at TD Bank, but to do it the way you are doing it may not be the smartest thing to do.

Respond to this report!
What's this?

#11 General Comment

reply by author

AUTHOR: abused - (United States of America)

In response to the above statements, this is a check for under $10 that I get once a month from a large company.-under $100. per year. My personal account is at an internet bank where I cant cash checks. If it were down the street I still would have a right to cash checks at TD Bank. Also TD Bank has long hours that other banks do not have.(this is why I stayed with this great Bank as long as I did.) They also keep copies of all cashed checks just like deposited checks.. What is the basis for your statements that customers write out checks to me instead of my business and I do not collect sales tax?. Is this based on the simple fact that someone cashes checks? I am interested in your response because your statements are currently being looked at to see if they are defamatory. I never heard of writing checks to an individual instead of his business and not paying sales tax. How is it that Coast is familiar with this? Where did you hear about it? Does this mean that the IRS needs to check you out? Isnt this enough to make people suspicious?

If a complaint is about a bank engaging in a procedure that they would not admit to, lying about it to the government (documented) and closing an 8 year old account without warning or justification;.why would all this be conveniently ignored by the writers? This is my idea of suspicious behavior. What if any relationship do you have with people at the Bank?

PS, The last time that I spoke to the Comptroller's Office they implied that a different section was looking into it. If it was not a valid complaint they would not have asked the Bank to respond which they did multiple times. I think that Robert from Irvine should get a supervisor position with the Comptroller's Office so that he could tell them what complaints are valid.

Respond to this report!
What's this?

#12 Consumer Comment

Suspicious Behavior

AUTHOR: coast - (USA)

I suspect that some of your customers are writing checks to you instead of your business. It is also possible that you are not charging state sales tax or pocketing those funds. Your actions are highly suspicious.
Respond to this report!
What's this?

#13 Consumer Comment

Reply?

AUTHOR: Robert - (U.S.A.)

Yep that is exactly what I said.

I am going to take a guess and say your business is not teaching people reading comprehension.
Respond to this report!
What's this?

#14 Author of original report

reply to intelligent consumer

AUTHOR: Abused from woodbury, ny - (U.S.A.)

Are you saying nobody should cash checks?

Are you saying anyone that cashes checks is avoiding taxes?  Companies notify IRS of payments.

They claim to be the "worlds most convenient bank".
Respond to this report!
What's this?

#15 Consumer Comment

self-induced problem

AUTHOR: coast - (USA)

You could save yourself a lot of aggravation by depositing the checks into a personal account.

You should attempt to keep a low profile when attempting to hide income from the IRS.
Respond to this report!
What's this?

#16 Consumer Comment

Thanks

AUTHOR: Robert - (U.S.A.)

Thanks for wasting my taxpayer dollars sending this complaint to the Comptroller of the Currency.

What I got from your novel comes down to you wanting to cash a check that was written out to you personally against your business account.  Then these checks for for $10-$15 and happened at most a couple of times a month.

Okay first of all if these are personal checks why don't you cash them against your personal account?  Do you even have a personal account?  If not why not?  

I think that there is more to this story than you are letting on. 

Seriously though, if this is it I personally think the Comptroller should forward your complaint to the IRS.  I am sure if you are trying to use your business account for personal use, they would love to know what else you are mixing.
Respond to this report!
What's this?
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?

Advertisers above have met our
strict standards for business conduct.



Ripoff Report Legal Directory