Help needed with sticky situation

[EagerBeaver]

I had a horrible experience with Bank of America and now my account info is exposed. Check this out:

Here’s the Reader’s Digest version of the Reader’s Digest version of what happened.

I needed to change my banking address from my folks’ house in Republic to the address in which I currently live. I traipsed on over to the downtown Springfield branch of the B of A to do this, and I received prompt service in which my address was changed to reflect where I currently live. I also ordered checks with my new address on them, and asked for them to be shipped to my current address. I then confirmed twice with the teller (in person, I might add; I did not go through the drive thru), and was on my way after being told my checks would arrive in seven to ten business days. Simple enough, right?

Well, last night during choir practice of all times, I get a call from my ex-girlfriend. We stopped speaking after the breakup so I knew it must be serious. I didn’t answer the phone (of course I didn’t answer it) so she left a message, in which she said some checks bearing my name had been mailed to her parents’ address in which I had previously lived. She said her dad simply threw them away.

Now in the first place, it’s bad enough that checks bearing my personal information were sent to the wrong address. It’s QUADRUPLE BAD that they were sent to my ex-girlfriend’s family’s address — an address I changed as soon as I moved to Hillsboro last March. That was three address changes ago. There is no excuse for that.

Anyone who has concerns about their personal information being secure knows the potential ramifications of what could occur because of this stupid error on the part of a B of A employee, who in my opinion needs to take a vacation, be severely reprimanded, and I wouldn’t mind if they were fired. This is someone’s money they have just put at risk.

As a result of this, I am ending all business with Bank of America. My account security has now been breached, I placed a fraud alert on it and have switched my assets over to a local bank.

All unnecessary because of one person’s gross error that breached the security of my entire bank account. I’m abandoning B of A and I will no longer encourage any of my friends or family to do business with them.

Does anyone know from a legal standpoint what would my recourse be at this point? Isn't it illegal to tamper with someone else's mail instead of just returning to Sender (especially financial documents like this)??? And what legal recourse could I take against BoA if something happens.

[PastorDaniel]

Well...the problem is...can you "prove" that he did it....admission on your girlfriends part is probably not enough proof...

Unfortunately....you have probably done all you could do.

Dolfan is an attorney...PM him...

[EagerBeaver]

Well...the problem is...can you "prove" that he did it....admission on your girlfriends part is probably not enough proof...

Unfortunately....you have probably done all you could do.

Dolfan is an attorney...PM him...

See that's what I'm thinking. I don't have concrete evidence that he threw them away, but at the same time I wouldn't put it past him.

The worse thing IMHO is that they sent the checks to an address that was valid three address changes ago.

I called BoA customer service yesterday and they told me they would void the checks...but voiding isn't good enough obviously.

[Ilovebigcats]

If she left a voicemail then you should save it.

[Pianoman]

I called BoA customer service yesterday and they told me they would void the checks...but voiding isn't good enough obviously.

Why not? If they voided & you closed the account - you shouldn't
be responsible for any charges. Send them a certified letter stating
such if you have any doubts.

You didn't have your SS# on your checks did you? Guess I"m not
following what your concern is in that regards?

My dad had a somewhat similar incident. He ordered checks &
received them - but then we he needed a new book he couldn't
find them. He had been going through a messy divorce & wasn't
certain if they had been stolen or if he accidentally misplaced them.

His bank was very nice about it - they just closed his old checking
account and opened a new one. He let them know which check
numbers were still oustanding and left that much money in the
account & they voided everything else.

[EagerBeaver]

I called BoA customer service yesterday and they told me they would void the checks...but voiding isn't good enough obviously.

Why not? If they voided & you closed the account - you shouldn't
be responsible for any charges. Send them a certified letter stating
such if you have any doubts.

You didn't have your SS# on your checks did you? Guess I"m not
following what your concern is in that regards?

Checking acct # and routing # is on every check published by any bank.

[Pianoman]

Checking acct # and routing # is on every check published by any bank.

If you closed the account - I wouldn't think that should be
a concern? Anything that goes through would simply be
returned back to the person who is trying to mis-use the account.

As far as that goes - (especially since it was the bank's fault)
- all they had to do was give you a new account number.
(I know that wouldn't make you any less upset at them -
but that should take care of any security concerns).

Having the SS# on the check would be a different story as it's
not quite as handy to get a new SS#.

[EagerBeaver]

Yeah I hear you Pianoman.

The account isn't closed yet, pending transfer of all my monetary assets to my new financial institution and some paperwork at the HR department of my job. Until then anything could happen.

[Pianoman]

I'm with ya now! Just got a bit of the "Fear Factor" going on!
If you contacted the bank - I don't think you've got too
much to worry about.

However, one thing I would do is contact the post office
for that area. At the least I would tell them what happened
& have a change of address put in place for that address if
you did not previously do that. If you already did - then
they should have forwarded the mail or returned to
sender. In that case - they may need to remind the
local carrier or discipline them.

[dolfan]

Beav, voiding the checks should solve the immediate problem of those checks being presented for payment at your bank.

It doesn't solve the secondary problem of the possibility of your checks being thrown away to possible ID thieves, a bit remote in possibility if they were truly put in the garbage, but a possibility nonetheless.

Unfortunately, there's no real remedy. You can't prevent someone from seeing and trying to exploit your account number. So, the solution is to have BoA change your account number from the one shown on the checks and to have them replace the checks with ones showing the new account number, all on their dime.

One teller is responsible for this, probably. Usually when that kind of thing happens, data was not entered into the computer at the time the order for new checks was placed. OR, she placed the order into the system prior to making the address change in the system. Either way, my guess is the teller goofed. You did all you could do, obviously. The problem is if someone does use that account number later to your loss, you'll be unable to prove that BoA caused it. Your checks are exposed every time you write one. Cashiers in every place you write a check have your account number because the number is on the check you leave with them. ID theft has occurred that way.

The safest bet is to close the account and open a new one and speak with the branch manager when placing the order for checks. This should all be done on their cost, not yours.

Sorry this happened to you.

[EagerBeaver]

Beav, voiding the checks should solve the immediate problem of those checks being presented for payment at your bank.

It doesn't solve the secondary problem of the possibility of your checks being thrown away to possible ID thieves, a bit remote in possibility if they were truly put in the garbage, but a possibility nonetheless.

Unfortunately, there's no real remedy. You can't prevent someone from seeing and trying to exploit your account number. So, the solution is to have BoA change your account number from the one shown on the checks and to have them replace the checks with ones showing the new account number, all on their dime.

One teller is responsible for this, probably. Usually when that kind of thing happens, data was not entered into the computer at the time the order for new checks was placed. OR, she placed the order into the system prior to making the address change in the system. Either way, my guess is the teller goofed. You did all you could do, obviously. The problem is if someone does use that account number later to your loss, you'll be unable to prove that BoA caused it. Your checks are exposed every time you write one. Cashiers in every place you write a check have your account number because the number is on the check you leave with them. ID theft has occurred that way.

The safest bet is to close the account and open a new one and speak with the branch manager when placing the order for checks. This should all be done on their cost, not yours.

Sorry this happened to you.

Thanks Dolfan. As long as they rectify it on their end without cost to me, I'll walk away from it.

[Gerald Creasy]

So you used to shack up with your ex-girlfriend in her parents home!???

[EagerBeaver]

So you used to shack up with your ex-girlfriend in her parents home!???

Nope. She was in college 90 miles to the south and I occupied a spare room.

[Gerald Creasy]

So you used to shack up with your ex-girlfriend in her parents home!???

Nope. She was in college 90 miles to the south and I occupied a spare room.

I see.

[Pastor Gary]

So you used to shack up with your ex-girlfriend in her parents home!???

That was a quantum leap asumption you extrapolated there, partner!