pnc complaint 08 18 10

							August 24, 2010


Mr. John Walsh
Comptroller of the Currency
c/o Customer Assistance Group
1301 McKinney Street, Suite 3710
Houston, TX 77010

Dear Mr. Walsh:

I am writing to file a formal complaint against the PNC Financial Services Group of
Pittsburgh, PA and operating in Alexandria, VA. Their conduct with respect to my
business banking account has not only been unethical, but runs contrary to their own
internal policies and is characterized by extreme negligence.

      On December 3, 2009 I visited the local branch of PNC Bank located on Diagonal
       Road in Alexandria, VA. My wife and I were long-standing customers of PNC
       Bank, opening a personal account in 1986 (at its predecessor Riggs Bank) and
       opening a business account in February 2006. On December 3, I requested from
       the branch manager that my business account be closed and that all funds be
       provided to me in the form of a cashier’s check. I received a check at that time
       for the account balance ($42,821.30), which I immediately deposited into a new
       account at Burke and Herbert Bank, also located in Alexandria, VA.

      In late February 2010, I was contacted by PNC and notified that my business
       account was overdrawn and I was assessed overdraft fees and penalties (for a total
       amount due of $547.68). Since the account had been closed 70 days previously, I
       assumed this was an error. I soon received another letter from PNC and in an
       effort to resolve the situation, spoke several times with individuals at the Diagonal
       Road branch. Unable to help, they directed me to several individuals at the
       Georgetown branch in Washington, DC, who were also unable to assist me. I also
       called PNC’s national customer service hotline (888-PNC-BANK) on multiple
       occasions, but was again referred to PNC’s multiple Alexandria branches.

      In late March, I finally spoke with Stephanie Hihn, the Assistant Branch Manager
       of the North Washington Street Branch in Alexandria. She explained that on
       February 10, 2010 an electronic funds transfer (EFT) request from Paychex, my
       payroll vendor, was submitted and honored by PNC. According to Ms. Hihn, and
       to my great surprise, it is PNC’s policy to accept EFTs for up to sixty days
       following the closing of an account. Even though my account had been closed for
       70 days, the EFT from Paychex was honored and my “account” became
       overdrawn, eventually incurring $75.63 in overdraft charges and penalties on the
       $472.05 EFT. When I called my current bank, Burke and Herbert, I was told that
       they do not, as a matter of policy, honor EFT requests from closed accounts.

      After reviewing the matter, and confirming that my vendor (Paychex) received
       payment from PNC, I agreed to remit to PNC the amount of the original EFT
       transaction ($472.50). I demanded that the overdraft charges and penalties be
       waived given PNC’s honoring of the EFT on a closed account and willful
       disregard of its own policies regarding transactions for closed accounts. They
       agreed to waive said fees. On May 18, 2010 I wrote and hand delivered to the
       branch at 411 King Street, as requested, a check to PNC Bank in the amount due
       ($472.50, Check #1517) and considered the matter closed.

      On August 4, I received a letter from Heritage Financial Recovery Services and
       have since received numerous telephone calls from Heritage. According to a
       Heritage customer service representative, PNC claims that my company,
       SparkLight Communications, still owes it $547.68 (the EFT plus fees and
       penalties). Since I wrote a check to PNC on May 18, I assumed that Heritage was
       in error. Yet a subsequent conversation with Ms. Hihn on August 18 revealed that
       the check I hand delivered to PNC Bank was never cashed. According to Ms.
       Hihn, the check was received but never processed. As a result of this negligence,
       my credit history and business reputation has been tarnished; how a bank could
       not process a simple payment is beyond my comprehension.

As a result of their actions, I have been forced to make dozens of telephone calls and
dedicate at least thirty hours in my effort to resolve this situation (which remains
unresolved). Further, because of their negligence, my business has been erroneously
referred to a collection agency, damaging my reputation and my future ability to conduct
business. Additional hours will be required to clear my name with credit agencies.

I strongly urge you to investigate this matter and to determine if PNC is acting in a
similar fashion with other business or personal banking customers. That a nationally
recognized company like PNC could act in such an unethical and negligent manner is
simply beyond my comprehension.

Please contact me at your earliest convenience so I may assist you in any way possible in
this investigation. I can be reached at 202.288.5124 or joseph.lamountain@gmail.com.

Sincerely,




Joseph LaMountain
President
cc:   James Rohr
      Chairman and Chief Executive Officer
      PNC Financial Services Group
      249 Fifth Avenue
      Pittsburgh, PA 15222

      Federal Reserve Consumer Help
      PO Box 1200
      Minneapolis, MN 55480

      Honorable James Moran
      US House of Representatives
      2239 Rayburn Building
      Washington, DC 20515

      Better Business Bureau
      1411 K Street, N.W. Suite 1000
      Washington, DC 20005

      Ms. Toni Andrews
      Vice President, Marketing and Public Relations
      Burke and Herbert Bank
      King & Fairfax Streets
      Alexandria, VA 22314

      House Financial Services Committee
      2129 Rayburn Building
      Washington, DC 20515