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Bank of America
Daniel A. Amneus 2131 S. Primrose Ave Alhambra, CA 91803
Bank of America
Corporate Security
Investigative Services
CA9-703-27-05
333 S. Beaudry Avenue, 27th Floor
Los Angeles, CA 90017-1466
June 30, 2000
RE: Metlife monthly payments for $756.82 Account 09446-xxxxx
Dear Mr. Amneus,
A claim was submitted by Metlife, alleging non- receipt of monthly payments to you in the amount of $756.82, between August 1, 1997 and Janumy 1, 2000 totaling $2l,947.78.
This claim is primarily governed by the Uniform Commercial Code (UCC) which governs the rights and responsibilities of banks, customers, and other third parties who have an interest in a check or draft. Your claim is also governed by your contract with the bank, which is contained in the bank's FACTS about personal Deposit Accounts publication that you received when you opened your account. If you do not notify us within six months after we send or make available, your statement to you, you agree that the statement activity and account balance are correct for all purposes. A photocopy of that section of the publication is enclosed.
UCC Section 4406 (d) (2) imposes a duly on a bank customer to examine his/her hank statements to discover any discrepancies and to notify the bank promptly if any are discovered. You failed to review your bank statements, and notify us in a timely manner.
Checking account 09446-xxxxx held by you was closed on February 12, 1996. You evidently did not notify Metlife of the account change and Metlife continued to send monthly checks to be deposited into your closed account. For l8 months we manually deposited funds received from Metlife for your closed account and deposited then into your new account 09444-xxxxx. Account number 09446-xxxxx was reissued to another customer on August 14, 1997; however, Metlife continued to send checks to be deposited into this account. Your failure to exercise ordinary care by notifying Metlife of your change of accounts contributed to the continual miss-directing of funds.
Because you failed to exercise the duties incumbent upon you under the UCC and our FACTS publication, Bank of America respectfully denies any liability to you,
Sincerely,
[signed]
Nancy Zapata Investigator/ Case #00608-081733
See original letter