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Report: #545633

Complaint Review: Bank Of America - Boston Massachusetts

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  • Reported By: Paralegal — Winthrop Massachusetts USA
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  • Bank Of America 260 Hanover Street Boston, Massachusetts United States of America

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On an overdue accident settlement, the Massachusetts Main Street America Insurance Group did not mail the almost ten thousand dollar check they swore they mailed to my lawyer, so the Auburn Massachusetts Office manager suggested on the morning before Christmas I get a ride from Boston to pick up a check and cash it close to them, that I could cash with their bank, the Bank of America [Bend Over Again or BOA]. The Auburn Bank of America claimed they did not have enough cash and suggested I meet my lawyer at another branch, their manager gave mapquest wrong directions to so that we could not get the money before they closed early at 2:00 pm. The day after Christmas both my lawyer and I met at the 260 Hanover Street Boston branch of BOA where they took our thumbprints after verifying photo ID, but then they refused to give us the cash because they claimed they could not verify the Auburn Main Street America Group Office Managers signature on the check. The branch manager could not produce any written policy requiring the bank to verify the signature of the person who issued the check, and Bank of America negligence was involved with two tellers and a Manger claiming they could not find his signature because the Insurance company issues too many checks when they claimed they cannot cash a check unless the persons signature is in their file for a prior check within the past six months. I wonder how they ever cash the first check every one of their customers signs and gives out ? The Insurance Company promised settlement payment prior to Christmas because of my many overdue bills and when I explained to the BOA Managers that they were acting in bad faith making me homeless for Christmas weekend they showed no  remorse refusing to keep their obligation to pay cash for checks issued from their customers that had sufficient funds as Main Street America Insurance Group has and not only breached the check contract itself but also the banks obligations to act in good faith and exercise ordinary care." Paul S. Turner, Contracting Out of the UCC: Variation By Agreement Under Articles 3, 4, and 4A, 40 Loy. L.A. L.Rev. 443, 460 (2006-2007) under the checks implied covenant of good faith and fair dealing, Sanchez-Corea v. Bank of America, 38 Cal.3d 892, 215 Cal.Rptr. 679 (Cal., 1985)($100,000 emotional distress and 1 million dollars punitive damages against the Bank of America); Sawyer v. Bank of America, 83 Cal.App.3d 135, 145 Cal.Rptr. 623 (Cal.App. 1 Dist., 1978)(bank negligence $2,005.90 damages paid by bank) Kruse v. Bank of America, 248 Cal.Rptr. 217, 201 Cal.App.3d 354 (Cal.App. 1 Dist., 1988) ($26,675,000.00 in punitive damages against bank for causing plaintiffs bankruptcy);  Lee v. Bank of America, 267 Cal.Rptr. 387, 218 Cal.App.3d 914 (Cal. App. 2 Dist., 1990)(Johnson,J dissenting) . My civil complaint for intentional infliction of emotional distress, breach of contract, compensatory and punitive damages and court costs, Nesper v. Bank of America, N.A., , 2004 Ohio 1660 (Ohio App., 2004)(Bank of America pays court costs when it loses) is being filed against both the Bank of America and the Insurance Company this week and I am posting this online because I wonder how many other persons have had similar problems cashing BOA checks ? There are thousand of scam complaints against that bank online and as many civil cases against them when I checked Westlaw.

 

 

 

Bank of America has predatory tactics as does its partner FIA (Credit) Card Services, Thomas, et. al.v. Bank of America Corp., 570 F.3d 1280 (11th Cir., 2009)(BOA owns FIA Card Services as indicated  in this class action for unfair and deceptive business practices) for its overpaid executives, but I bet you did not know they make up whatever they want not to release cash whenever a value customer wants it or writes a check to pay it out (perhaps to unlawfully obtain a few extra days interest on such cash), not to mention Bank of America consumer complaints related to monthly maintenance fees, a $6.00 check cashing fee, two sets of books one claiming an available balance and another with holds and authorizations as well as monthly service fees to trick customers into an overdraft position and overdraft fees for those tricked by false account balance figure and people who do not have a large enough balance to pay the fee thereby triggering an additional $35.00 charge to close low balance accounts and the absolute worst home mortgage program in the United States. Howe v. Bank of America, G040669 (Cal. App. 11/16/2009) (Cal. App., 2009) Bank of America's credit card promotion was "designed to attract foreign nationals, who are in the United States legally and illegally, by not requiring foreign nationals to provide Social Security numbers when applying for a bank account and credit card.")

 

 

This report was posted on Ripoff Report on 12/26/2009 09:31 PM and is a permanent record located here: https://www.ripoffreport.com/reports/bank-of-america/boston-massachusetts-02110/bank-of-america-scrooge-looks-good-compared-to-bank-of-america-boston-massachusetts-545633. 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. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
1Author
9Consumer
0Employee/Owner

#10 Consumer Comment

Anonymous Bank Of America Supporters

AUTHOR: paralegalwerewolf - (USA)

POSTED: Saturday, June 09, 2012

My telephone number is 1-857-756-4583 and I understand why BAO employee's and family members would be too cowardly to put their names in their false replies supporting the Bank but there is no reason for you not to anonymously use your blocked telephone to call me anytime following your misrepresentation of only weekend check cashing attempt when this was a legal settlement check first attempted to be cashed on the prior Thursday when the bank of America had plenty of time for verification and plenty of cash on hand cashing paychecks...but again, since misrepresenting general facts to avoid the specifics was your only way to covertly support the Bank your either work for or your close family member works for (since there is no possible reason any normal human being would write a reply supporting the BAO unless your employer directed you to). I make this offer to any and all BAO employee's or family members who reply to BAO complaints to support the dishonorable business which places profits above customers needs.

Michael DuPont
paralegalassociates@hotmail.com

ps. I also provide free criminal law assistance to those interesting ones worthy of my winning pro bono help since I win two out of three cases and appeals during past four decades

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#9 Consumer Comment

Docket Entry Number

AUTHOR: paralegalwerewolf - (USA)

POSTED: Friday, June 08, 2012

SUCV2009-05474 , but none of the cowards who are afraid to put their real names in their coverup responses have enough courage to identify themselves. AOTC lists hundreds of other civil complaints involving Bank of America misconduct in Sufolk Court Superior Court records

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#8 Consumer Comment

Docket number?

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

POSTED: Wednesday, January 13, 2010

Can you post the docket number of your case?

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#7 General Comment

Reply to Anonymous Or Bank Employee Commentors

AUTHOR: paralegalwerewolf - (USA)

POSTED: Wednesday, January 13, 2010

For those employee's or relatives of Bank of America who responded, my civil suit against the bank has been filed, one employee served, I work for a lawyer and my lawyer friend who was co-payee was with me the second and third time Bank of America refused to cash the check, but as soon as I served the head teller who lied by falsly claiming she had not seen my lwyers identification when if truth of fact she took it and had him resign the check, the Bank was very appologetic handing my 96 hundred dollar bills, but appologies do not remove their liability for breach of contract holding up payment for five days with a series of false excuses to obtain extra interest on my money and gave me the $9,681.00 (fifty dollars more than the $9631.00 check was written for) without the usual $6.oo BOA extortionate check cashing fee and without ver verifying the signature of the person who signed the check. If any commentor is not a coward you can put your real names in any of your replies.

 

Sincerely,

Michael DuPont

Paralegal Asociates

83 Atlantic Avenue

Boston, mA. 02110

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#6 Consumer Comment

Barking up the wrong tree...

AUTHOR: Batman - (United States of America)

POSTED: Monday, December 28, 2009

Sorry, bub. I don't work for BOA. Paranoid much? Lol. Does your lawyer know that you're posting veiled threats of a lawsuit to strangers online? He may have some suggestions regarding that behavior and this thread altogether...you should talk to him/her.

In the meantime

You say, any size large check anytime as do all banks that are not trying to squeeze a few more days interest and an unjustifiable six dollar check cashing fee

I hate to tell you, but your expectations are a bit unreasonable. If I walk into a bank looking to cash a check for over one thousand dollars, I guarantee it would be scrutinized. (and rightfully so) Try to understand that your behavior is suspicious to anyone with common sense. It doesnt matter if all is legit, your actions raise every red flag possible and any reasonable bank will make sure everything is in order before releasing that amount of money.

You could of avoided this entire escapade by taking a moment to understand that this is not a run-of-the-mill cashing of a check. Why not just deposit said check in your own account? All problems solved. What is the big deal about calling a branch to make sure they have the necessary funds available? Its just a phone call

The fact of the matter is that you walked into a branch, on a Saturday, looking to cash a very large and unverifiable check. Your request was indeed fulfilled eventually, but just not as quickly as you would have liked.

My point is thisyou should try to understand that you were NOT RIPPED OFF, you were merely INCONVENIENCED.

Shake it off, man, it happens. Its called red-tape and frankly, you should be glad they do this. I know I would certainly question BOAs practices if they DIDN'T hold up a guy like you with a check that big, especially if it were a check drawn on my account and they couldnt verify the signatures.

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#5 Consumer Comment

SICK

AUTHOR: JandJMommie - (USA)

POSTED: Monday, December 28, 2009

I am sick of every time someone rebutts an OP they get accused of being an employee. There is a POLICY. We try to tell you of it. There is a reason most banks do not do this. Then we get screamed at and told we are an 'evil employee'. What ever!!

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#4 General Comment

OP, BOA is not trying to fleece you,

AUTHOR: IamGood - (USA)

POSTED: Monday, December 28, 2009

Author:

I know you wanted your $$$$ by christmas.  It's your money. However, NO bank will accept a 10000.00 check from someone walking off the street, without first verifying the check.  They were not able to verify it.

Checks are very easy to counterfit.  Scammers do it all the time.  Yes, Yes, I know you had valid ID, and they took yur thumb print,  but did you know Id's are easy to forge also.  Go to any flea market on the weekend, and you will find vendor's who sell fake driver's licences, and social security cards, even fake credit cards. Also, not everybody has their finger prints on file. 

If it turned out you forged the check, and presented fake id, and the bank accepted the check without verifying it, then the bank would be out 10,000.00 and you would have skipped town.  I am not saying you would do that.  From reading your post you sould like an honest man, but there are people out there who do.  (read other rip off reports about the check cashing scams.)

I hope you ended up getting your check cashed, but it is not the bank's fault. 

Giving cash to a customer, unless he is a customer of your bank, gives them no room to attempt to recover their money if the check was a forgery.

I am hoping you will think about that using this line of thinking, and perhaps you will begin to see BOA's point of view.

Finally, none of the court cases you mentioned have anything to do  with your situation.  So they cannot be counted as precedence. 

Cheers (BTW, I am not a BOA employee, BOA does not read this site.

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#3 Author of original report

Are You The Auburn MA Bank Manager

AUTHOR: Paralegal - (USA)

POSTED: Monday, December 28, 2009

Batman, did you ever buy Christmas presents for a few thousand dollars on a Saturday at a Jewelry store that accepts cash? and do you know Sovereign Bank cashes any size large check anytime as do all banks that are not trying to squeeze a few more days interest and an unjustifiable six dollar check cashing fee. Your advance notice sounds like you work for Bank of America. Do You ? Or at the very least only a BOA clone would spout their delaying policies so I hope you change to Sovereign banking after you learn to read the facts that I was denied twice, once on Thursday and again on Saturday, each time with BOA making up new unwritten excuses and I was not denied cash on Saturday because they told me they had more than ten thousand in large bills ($100's and $50) at the Boston 260 Hanover Street Bank of America branch.Bottom line is  an BOA employee would write what you did and if discovery verifies your idenity the civil suit I just sent Ryan Cooper BOA an advance copy of when he refused to explain why BOA breached its contract by not cashing the valid check my lawyer and I presented.

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#2 Consumer Comment

Your right..

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

POSTED: Monday, December 28, 2009

Your right this happens ALL the time.  After all I always see a line at least 20 or 30 deep of people trying to CASH a $10,000 check on a Weekend.  How dare the "evil" bank actually try and "verify" the signature of the company that wrote the check. 

You claim that they did not "act in good faith and exercise ordinary care".  Sorry but that sounds like EXACTLY what they did.  What if someone had a check from your account and trying to cash it.  Would you want the bank to just cash it, or attempt to verify it was you.  I think we all know the answer to that.

There is a big difference between someone walking off the street with a $10,000 check in hand wanting the cash, and a person who deposits a check in their account.  Had you deposited the check in your account there would have been no question, but then you would have been subject to the standard Funds Availability Policy.

If anything you should be writing a RipOff Report on the insurance company that you say delayed the payment to you.  In addition you need to get your lawyer to get off their rear-end and go after the company for any additional damages that this delay caused.

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#1 Consumer Comment

Why oh why?

AUTHOR: Batman - (United States of America)

POSTED: Sunday, December 27, 2009

Why in the world would want to cash a check of that size on a Saturday? Deposit it in your own account at your own bank and be done with it. If you can't, then I think I know why, so then either give a BOA branch notice that you're going to cash a large check or bite the bullet and go to one of those check-cashing places.

You show up unannounced on a Saturday and are upset at the bank because you can't cash a check for over 10K that the bank is unable to verify? Wow...

Not to mention, you wouldn't be in this situation if it were for the issuer dropping the ball to begin with. You're not even mad at the right establishment. I'm all for hanging BOA by the balls and watching them twist in the wind, but not for something that's not their fault. Tossing B.S. like this on the pile takes away and distracts people from all the truly wrongful things BOA does...

 

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