Capital One complaint: bank holding stimulus check

Complaint from jmwahz reported on 26 May 2021 about Capital One

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Complaint resolved
Complaint closed

My complaint:

Bank is refusing to reject a stimulus check deposited via mobile due to malicious and unfair, reasons. I made a mobile check deposit of my stepson’s stimulus check, unaware this is not allowed, due to reading the deposit disclosures that if a 3rd party check is being deposited you are liable. So with that said as many others I would assume that, that is allowed. And with a stimulus I really had no concerns. 2 days later I receive an email stating funds have been posted and funds available. I thought that, that was fast due to the message that funds could be held a little longer in some cases to verify funds. Which still would have been ok. When I logged onto my account I noticed a number advising that funds were not available for withdrawal and to call the 800 number. From there I have been told nothing but lies and treated poorly and unprofessional. I was told at that moment by a supervisor that they just needed a number to verify my stepson, and that the account has to be registered to him in his name, he then advised how we could go about this because the closest branch would be a little over an hour away from me. Or the other option would be to reject the check and send it back to the irs and wait for them to reissue it. So he and I decided it would probably be easiest just getting my stepson established with a line for cell phone service anyway. So he opens a cellular account and when we called in the rep advised it did not show as registered in his name yet and that it takes 72-96 hours most times with new lines. So, I followed those instructions and gave it some time.
I call in and this time after being put thru the ringer to get someone to help, I get an agent on the line telling me that now we BOTH needed to go into a branch and that the other 2 accounts were already closed out and that this one was to be closed out as well. Asked why and she advsd due to the time and it automatically goes to another department after a certain amount of days and now the only way to have the check rejected back to irs period I needed to verify myself and stepson which only could be done by going into a branch. Advised them to just reject the check being as though they have closed the others and this one pretty much is closed as well.
I was told that, now they would only reject if irs sent a letter and that that can take up to 90 days for them to release, I asked for a manager, I was then advised I would be placed in a que and that, that could take up to 30 days to receive a callback. –which might I add it has been over 2 weeks and still have not heard from anyone. So now, they are refusing to close the account technically and they are keeping it open but frozen for no apparent reason whatsoever. They even have it open to still receive monies but nothing can come out. I just had a payment sent from someone and it went to that account and is now added to the balance, that again they refuse to close or have someone of higher authority call me to come up with a resolution. They claimed there is an agent assigned and they are unaware what the process is or what that person needs or wants, but the account has not been worked on, or at least I have yet to have any communication as to what is going on.

I spoke with the irs and they advised the bank needs to reject if they are not paying it out and that I needed to call back and speak with someone else because due to the pandemic and how busy etc they are and just the fact that the bank should not be holding on to a check for nothing at this point.
Also keep in mind that the mobile checks are viewed before funds are deposited. Why was this not addressed before they cashed funds from the irs making the check no good any more? They could have held it and asked for verification, or rejected it to save this from happening.

please help me with having this matter resolved. They have an extremely high hold time, the agents hang up without even saying hello, I have been trying to reach someone for almost a month, meanwhile they are holding on to the check for no reason at all.

and I don’t think their customers are aware of the 30 day que policy just to reach a manager. I feel that is unethical and borderline fraud when you have a bank dealing with peoples money, and during a pandemic etc that is the policy that they have in place? That defeats the help that the government is trying to give if you ask me.

so again please let me know what is needed from me to receive help or can someone guide me in the right direction. I do not plan on letting this blow over. The public also needs to be aware of these unethical practices as well.

Suggested solution:

verify the account like the notes stated from supervisor that they were to do, if not reject, close account and the other funds need to be mailed to me in check

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