Bank Of America Electronic Card Identity Theft Not Honoured by Bank of America Los Angeles, California Nationwide

To the OCC:

I was recently a victim of electronic credit card fraud. The incident happened on March 26th at 4:36pm in Encino, CA. I immediately noticed something was wrong with my account that evening when I went online. I promptly notified BoA that an unauthorized transaction of $300 had been withdrawn at a BoA branch. I was still in possession of debit/credit card and had never given my personal code to anyone. The BoA representative assured me that once the funds had posted to my account (they were still pending) the following day they would open an investigation and reimburse me the unauthorized transaction for $300 and any charges that I would have incurred due to insufficient funds, which amounted to $210.

The BoA rep suggested I file a police report once the funds posted. I followed all instructions and filed a police report with the Los Angeles Police Department; Officer Mathews 26563, I even informed the police department and BoA who I thought might have been the perpetrator.

I considered this matter resolved until I received a letter stating that upon a thorough investigation they felt no error had occurred and they would be reversing the amount of $300 and the insufficient finances charges of $210. I contacted BoA and asked them to re-open the investigation, as it was certifiably not through error or fault of mine that these funds had been withdrawn. I resubmitted my documentation included a signed letter from my employer stating that on March 26 at 4.36pm I was in my office and had been all day. I resubmitted my police report and a letter (page 11). I also withdrew all available funds from my account and opened a bank account with another financial institution. I did this as BoA said that regardless of appealing for a second investigation they would be withdrawing the funds. I felt this was extremely unfair to conduct before determining the results of my appeal.

After my second request for an investigation I was never contacted by BoA (they had assured me that they would contact me within 3 business days) with an outcome or status update on the investigation instead they reversed the charges on my account and sequentially overdrew my account that induced further finance charges for insufficient funds. I received another letter from BoA asking that I credit my account for the funds in question or they will be taking action and reporting me to Chexsystems inc.

I would like this matter resolved were I am not made liable for the unauthorized transaction of $300 and finance charges of $210 incurred due to the unauthorized transaction and any other recently unduly obtained finance charges due to being overdrawn. My name cleared of any allegations and a written letter assuring me that the Chexsystem Inc threat issued on May 18th 2007 be withdrawn. I hope to come to a solution that is appropriate and fair unlike the victimization that I have had to endure by my own bank.
Please contact me at your earliest convenience so that we may resolve this matter on any of the numbers provided below.

I would also like to obtain a contact name for an agent for service should I need to proceed with my case.

Anthea
MARINA DEL REY, California
U.S.A.