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View Full Version : I may be going on a lawsuit spree...



Harold Burrell
07-27-2015, 10:55 PM
Man...what a fun-filled few days. And it ain't over.

I ordered a dress for my wife last week. A really fancy, old-fashioned thing that she really liked. It was "on sale" for $129.99.

I put the order through online. Got a confirmation email. My wife was happy. Life was good.

2 days later I got shipping confirmation. Nice.

However...

On Saturday, I got something in the mail from my bank saying that my account was overdrawn. I got online and checked and...WHAT THE??? I am over $100 overdrawn!!! I look through the transactions and see that the company actually charged me $294.95! Which started an virtual avalanche of overdrafts. $35 a pop.

As of right now, I am over $200 in the red...$145 of it is from fees from the bank.

I have been on the phone all day over this thing. The company has agreed that they "made a mistake" and will refund the $164.96 over-charge, but...so far...neither side is giving in regarding the fees.

So, yeah...I may be taking somebody to court. Perhaps I will ask for a million. :cool:

Cody Pierce
07-28-2015, 1:34 AM
Why not report the fraud to your credit card company and move on with your life?

Stephen Tashiro
07-28-2015, 3:30 AM
As an aside, I recall that a bank (Wells Fargo, I think) was sued in a class action because the bank schemed to process checks in the order that would maximize overdraft fees instead of processing the checks as they came in.

Kent Adams
07-28-2015, 5:29 AM
He used his checking account's debit card, thus the overdraft fees.

Glenn Clabo
07-28-2015, 6:40 AM
Find a bank or credit union that doesn't allow overdrafts. They just reject the transaction. This is just one way of preventing fraud.

Pat Barry
07-28-2015, 8:05 AM
Good luck with your lawsuit.

Mark Blatter
07-28-2015, 8:22 AM
As an aside, I recall that a bank (Wells Fargo, I think) was sued in a class action because the bank schemed to process checks in the order that would maximize overdraft fees instead of processing the checks as they came in.

No, say it isn't so! A bank did something like that?

On another less sarcastic note, this is the exact reason I do not, and never will, have a debit card. I do not understand the idea of allowing random people direct access to my bank account. Using a credit card provides protections and a buffer, and much better security. I understand that in some cases it is not possible, but again, there are other options. I argue with my son about this at times.

Harold Burrell
07-28-2015, 8:45 AM
Good luck with your lawsuit.

I'm (seriously) not planning on it. I am quite sure that a remedy will be offered.

However...there is always that chance... ;)

Wade Lippman
07-28-2015, 9:54 AM
so far...neither side is giving in regarding the fees.


What are the two sides? Unless you had not authorized overdraft protection, the bank did nothing wrong, so they are not a side.
I don't know if the store is responsible or not; depends on whether they are liable for incidental damages.
Perhaps it is different on the Moon, but in NYS you have have to go to the town the company is in to sue them in small claims court, which makes it impractical if they are not reasonably local. Also, the judge does not have to follow the law, but can act "fairly". He could decide that overdrafts were a foreseeable consequence of overbilling, or he could say that you were negligent in not having an extra $150 in your checking account. I like your odds if the store is local.

Last year I had a small claims suit before an arbitrator. She refused to let me say anything, and then ruled against me because I hadn't proven my point. True enough, since I hadn't said anything at all.
I appealed to a real judge and won. Have fun.

Harold Burrell
07-28-2015, 3:50 PM
What are the two sides? Unless you had not authorized overdraft protection, the bank did nothing wrong, so they are not a side.


True. The bank did nothing wrong. But I would disagree that they are not a "side". They actually hold all of the cards when it comes to the fees. If you think about it, the "fees" are actually "fines"...leveled against those that overdraw. That's how I see them anyway.

Regardless, the fees are completely arbitrary. They can be pulled at the banks discretion.

Here is the bottom-line...I can come away from this with absolutely nothing. The store has promised to, at least, reimburse me for my over-payment. Unfortunately, that will still leave me in the red. If the store won't pick up the fees and make it right, I have the option to never do business with them again.

In the same way...if the bank does not offer me a reasonable remedy, I can do the same with them. Walk away from a "negative balance account" (of their own making) and take my business elsewhere.

As far as a judge saying I was "negligent" in not having an extra $150 in my account...Really??? I can't even imagine that.

Matt Day
07-28-2015, 4:02 PM
No arguing the vendor screwed up, but to avoid overdraft fees could you keep a bit more money in the account to cover such things? Sounds like you had $195 in the bank and bought a $130 item.

paul cottingham
07-28-2015, 4:07 PM
For many of us, we cant keep extra money in the bank. We dont have the money to cover possible malfeasance by a vendor, nor should we have to. Frankly, the company who cashed it for too much money should cough up the extra.

i would change banks, but not before i went in and created a loud, but polite public spectacle about this.

Brian Henderson
07-28-2015, 4:19 PM
For many of us, we cant keep extra money in the bank. We dont have the money to cover possible malfeasance by a vendor, nor should we have to. Frankly, the company who cashed it for too much money should cough up the extra.

i would change banks, but not before i went in and created a loud, but polite public spectacle about this.

It isn't the bank's fault at all. They have absolutely zero blame in this. The fees are standard, everyone pays them and it isn't the fault of the bank, it is 100% the fault of the vendor. So why blame the bank at all for anything that's happened? It's absurd.

John Lanciani
07-28-2015, 4:21 PM
True. The bank did nothing wrong. But I would disagree that they are not a "side". They actually hold all of the cards when it comes to the fees. If you think about it, the "fees" are actually "fines"...leveled against those that overdraw. That's how I see them anyway.


Look at it from the bank's perspective; all that they know is that you spent money that you didn't have and they had to loan you the difference. (Also, you agreed to their terms when you opened the account.) Not their fault, but if it is your first overdraft I would think that a little face time with someone from the bank that can actually make a decision would get you a satisfactory result. Keep calm, explain exactly what happened (with any documentation that you can show), and cleary convey to the bank rep what you think is a reasonable resolution. Calm, polite, and firm nearly always works, ranting rarely does.

Wade Lippman
07-28-2015, 4:31 PM
In the same way...if the bank does not offer me a reasonable remedy, I can do the same with them. Walk away from a "negative balance account" (of their own making) and take my business elsewhere.
)
20 years ago both the store and the bank would have been willing to help you. I would be very surprised if either does today.
Rockler advertised a 10" blade; when it turned out to actually be a 250mm blade I had to fight with them to avoid a handling charge on the return. They absolutely refused to reimburse me for shipping. And I gave them a fair amount of business. (Thank God for Amazon!) Companies just don't care anymore. And they wonder why business dries up.

The real question is whether the bank will pursue you over the penalties. Probably not, but let us know.

Glenn Clabo
07-28-2015, 4:32 PM
The fees are standard, everyone pays them and it isn't the fault of the bank, it is 100% the fault of the vendor.

Yes for some banks they are standard. The ones who want to take advantage of customers. For many banks...like mine...they simply reject the purchase assuming the customer made a mistake...or are getting ripped off. It's all about customer service.

And yes again...the vendor is at fault.

Jason Beam
07-28-2015, 4:39 PM
You shopped online with a debit card and now want free protection against unauthorized charges? That's what credit cards are for.

Good luck!

Jerome Stanek
07-28-2015, 4:40 PM
Why not let them come to the moo to collect

Larry Edgerton
07-28-2015, 4:43 PM
The lesson that I got from all of this......


Never buy your wife a dress.

Tom M King
07-28-2015, 4:46 PM
The bank can reverse the charges if they want to. I'd talk to them again, especially if you have been dealing with them for a long time.

glenn bradley
07-28-2015, 4:54 PM
The lesson that I got from all of this......


Never buy your wife a dress.

That's what I learned ;-)

Harold Burrell
07-28-2015, 5:46 PM
The lesson that I got from all of this......


Never buy your wife a dress.

That is EXACTLY the advice I have been waiting for!

"Honey? Larry said..."

Mike Lassiter
07-28-2015, 5:54 PM
to my way of thinking, the store that charged more than the ordered item bought was listed to sell for has caused the problem and should fix it. The money was there to cover the listed selling price. Since they charge a good deal more than they SHOULD have, the money for other debits was no longer there due to their mistake. As the money WAS in the account had the correct price been charged all debits would clear without running into overdraft.
Something similar happened to me years ago at Best Buy. To the tune of $700+ being charged twice? The double charge caused us the same problem with the snowball effect. Best Buy refused to make it right other than credit the double charge but the numerious over draft charges where our problem. In the end Best Buy has lost hundreds if not thousands in future sales from us and our bank removed most if not all of the overdraft charges. It was very obvious the problem was caused by the store's mistake and not us being reckless and just over spending.
Frankly, to suggest someone should keep more money in the bank, to cover a merchants mistake is sort of dumb. He stated he had the money to coverwhat he purchased and the other debits. So how much more would you advise anyone to keep? He didn't spend more than he had to spend.
good luck and hope your bank will help you once the situtation is explained.

Moses Yoder
07-28-2015, 5:55 PM
I will be watching the classified ads for good tools from you to make up for the loss.

You know I didn't mean that.

If you are a good customer at the bank I am quite sure they will withdraw the fees if you make an appointment to speak with the manager. I would not go for the branch manager I would go for the district manager, depending on your bank.

Tom M King
07-28-2015, 6:04 PM
I remembered having a similar problem when I posted earlier, but couldn't remember the details. I remembered, and it was on about a $2,000 plus a little bit charge from a company I bought a replacement fuel injector kit for my then 12 year old Duramax. The company charged me twice. It was a day when a lot of other debits came out of our account to pay monthly bills, and it ran up a total fee charge of something like $420.00. The company called me and told me the mistake they had made. When I got home that evening, I checked the online account and saw the fees. I went to the bank first thing the next morning, and talked to someone behind a desk. She said if I gave her a hug, she'd take the charges off. I don't remember the hug being memorable, but the results were, at least with a little delay to think about it. I've probably been dealing with that bank for forty years though.

Brian Henderson
07-28-2015, 6:14 PM
Yes for some banks they are standard. The ones who want to take advantage of customers. For many banks...like mine...they simply reject the purchase assuming the customer made a mistake...or are getting ripped off. It's all about customer service.

And yes again...the vendor is at fault.

You agree to this stuff when you sign up for an account, it doesn't just hit you out of the blue. If you don't like that bank's terms, go elsewhere. Don't go blaming the bank for doing things that you agreed to.

Plus, they're not taking advantage of anyone. They're doing what was agreed to. I'm sure that, if you had been with them a while and they didn't want to lose your business, they'd work with you. Many years ago, I was setting up a ballroom rental for work, they wanted a $100 deposit and we were going to send them a corporate check 30 days before the event so I just gave them my debit card and was going to get reimbursed from work. Instead, they tried to run a $10,000 charge into my checking account and overdrafted it. So I got them and my bank on the phone together and my bank told them, in no uncertain terms, that they were going to pay all of the overdraft charges and they complied. My bank loves me, but I've had the same account for more than 35 years.

Shawn Crane Davies
07-28-2015, 6:22 PM
Harold, the merchant made right on their mistake by refunding the partial payment. It's not their problem how much money you have in your account.

The bank did no wrong by charging you the overdraft and consecutive overdraft fees for other purchases you made. You agreed to their terms and conditions when you opened the account, hence all the fees you were given.

I had this same situation about 10 years ago, the merchant charged me twice, didn't realize it until I saw the multiple overdraft fees ($35 a piece). I called the bank to tell them of my situation, mad minded but spoke nicely. If I recall correctly they waved all the fees. They give customers one chance, a free pass from these charges (at least my bank did). After that I was told I couldn't get the fees waved and make sure of my finances. I would call calm and collectively and see how things go.

I thought I was wronged by both sides too, mad for a moment until I looked at the whole situation and realized I was only to blame. As you are too, with all due respect.

I hope your wife looks and feels lovely in her new dress (that's what really matters!)

The best to you both, Shawn.

Pat Barry
07-28-2015, 8:32 PM
Yes for some banks they are standard. The ones who want to take advantage of customers. For many banks...like mine...they simply reject the purchase assuming the customer made a mistake...or are getting ripped off. It's all about customer service.

And yes again...the vendor is at fault.


How exactly would the bank know that any of the transactions were not exactly as the customer intended? And sure, the dress merchant is responsible to make their end of things right, but thats the end of it. They can't possibly be on the hook for the overdraft fees.

Wade Lippman
07-28-2015, 8:58 PM
How exactly would the bank know that any of the transactions were not exactly as the customer intended?

I think he is saying that the customer has the option of not authorizing overdraft protection. In that case any overdrafts are almost certainly mistakes rather than willful overdrafts as writing a check you know will bounce is a crime. (proving it is another matter)

Tom M King
07-28-2015, 9:26 PM
In my case with the double charged fuel injector kit, the company refunded the overage on the card the same day as soon as they realized what they had done, but the bank wouldn't have put it back in my account for a day or few later, hence the overdraft charges.

Harold Burrell
07-28-2015, 10:50 PM
Harold, the merchant made right on their mistake by refunding the partial payment. It's not their problem how much money you have in your account.

The bank did no wrong by charging you the overdraft and consecutive overdraft fees for other purchases you made. You agreed to their terms and conditions when you opened the account, hence all the fees you were given.

I had this same situation about 10 years ago, the merchant charged me twice, didn't realize it until I saw the multiple overdraft fees ($35 a piece). I called the bank to tell them of my situation, mad minded but spoke nicely. If I recall correctly they waved all the fees. They give customers one chance, a free pass from these charges (at least my bank did). After that I was told I couldn't get the fees waved and make sure of my finances. I would call calm and collectively and see how things go.

I thought I was wronged by both sides too, mad for a moment until I looked at the whole situation and realized I was only to blame. As you are too, with all due respect.

I hope your wife looks and feels lovely in her new dress (that's what really matters!)

The best to you both, Shawn.

I have read all of the responses...thank you all, by the way...but (with all due respect) this one absolutely baffles me. For the life of me, I cannot see how I am to blame.

Frederick Skelly
07-28-2015, 11:01 PM
Harold, this simply would not - could not - have happened had you spent that $129.99 on something from LN or LV. They wouldn't have overcharged you, and if somehow they DID, they'd have done something nice to make it up to you. So, THAT's where you screwed up man. ;)

But hey, seriously. I hope you find a way to recover those fees. This is a real bummer and I can't see how you caused it either. Also, you might ask your bank if they offer overdraft protection. Maybe that would help in a future situation.

Hang in there man.
Fred

Dan Hintz
07-29-2015, 6:25 AM
For those saying the dress company should pay all overcharge fees...

Let's take it to the absurd. What if Harold purchased 10,000 separate items, each with a $0.01 check, and the dress company's mistake forced all of those checks to bounce. The individual purchases only totaled $100, but at $35/check, the bounce fees add up to $350k. Does anyone here honestly think the dress company will pay $350k out of their pocket because of a mistaken $165 overcharge? Didn't think so.

While the situation is unfortunate, it could have been mitigated by multiple methods... more money in the account, using accounts with overdraft protection, etc. The best bet is to talk to the bank and see if they will reduce (or eliminate) the fees as a courtesy and walk away from this as a learning lesson. The dress company made a mistake that was repairable. The bank was merely doing their job under terms Harold agreed to. Harold got screwed in the deal.

Not every situation has to have blame assigned to it.

Curt Harms
07-29-2015, 6:54 AM
You shopped online with a debit card and now want free protection against unauthorized charges? That's what credit cards are for.

Good luck!

+1. Keep a low limit/prepaid credit card and pay it off in full each billing cycle. There are consumer protections and limited or no liability with a credit card. AFAIK with a debit card there are less (or no) protections.

Glenn Clabo
07-29-2015, 7:36 AM
How exactly would the bank know that any of the transactions were not exactly as the customer intended? And sure, the dress merchant is responsible to make their end of things right, but thats the end of it. They can't possibly be on the hook for the overdraft fees.
They don't...and that's exactly my point. My bank...credit union...does not charge for a mistake...or theft...if there aren't enough funds to cover the transaction. They simply reject the transaction. Giving the "customer" the ability to buy...or someone to steal...money that isn't there and then charging a fee is a huge business. I personally think it is a ripoff. Checks are a different story because it takes time to process. A card transaction is immediate...and can be rejected immediately. There is no excuse to let it happen...then charge you high fees.

Pat Barry
07-29-2015, 8:28 AM
I have two separate financial institutions and for each one I have a checking / debit and savings account.. The savings account is linked to the checking account so in the event of an overdraft from checking, regardless of whether it is a check or a debit transaction, the bank / credit union will cover the overdraft (assuming there is enough $ in the linked savings account). Thats the good news. The bad news is that at the bank, each transaction like that costs me $12.50. At the credit union it costs only $3.50. If I overdraw my account at either place, they limit the potential damage (to them) by allowing only 4 such overdrafts in a 24 hour period. A NSF (non sufficient fund) charge of $35 is charged by the bank - this sounds just like Harold's situation. My bank is WF, my credit union is a small, regional operation that was part of my former employers company.

The entire point of having overdraft protection on your account is to limit the damage to you, as the consumer, for an honest mistake you made on your part. NSF charges are outrageous of course in comparison so thats why you get the overdraft protection. With out the overdraft protection you will pay huge fees

Now, for those of you that think their bank doesn't charge for a mistake, I suggest you really read the fine print in the fee schedule because I doubt that this is the case for any bank these days.

So, are you totally sure that your friendly bank doesn't operate just like my bank and credit union?

Harold Burrell
07-29-2015, 9:03 AM
I appreciate the responses...and I have had a good time reading them. ;)

to be sure, much of my original post was tongue-in-cheek. I mean...it really did happen (and still has not been resolved)...and, yes, I was originally upset (livid, to be exact)...the situation is not that big a deal.

Here is my perspective...(in case anybody cares)...

Yeah...it happens. Stuff like this. It's really not that bid of a deal. Should the "dress company" have to pay the fees? Normally, I would say no. In fact, since I live in a small town (and actually pastor a church here) I know the folks at our bank. I would not sue them...nor do I think I would have a case against them. I have been told that they will "most likely" waive the fees.

Cool.

However...if they don't...I have every right (and intention)...to walk away from them.

As far as the "dress company" is concerned...I called them the moment I noticed the problem (Sat. eve). I was told that they would refund the overcharge. I was also told that a supervisor would call me on Monday. I instead tried to call them and was told...all day...that there were none available (though one salesperson admittedly spoke to a supervisor while I was on the phone). Anyway...bottomline...as of right now, they still have done nothing.

Here is what I have asked for from them...as per the bank's request...a refund. The company said they would. And, the bank also requested a letter faxed to them stating that this was their error (so as to prove that I am not making this up).

The "dress company" said they would. As of yet, they have not.

Glenn Clabo
07-29-2015, 9:06 AM
I have two separate financial institutions and for each one I have a checking / debit and savings account.. The savings account is linked to the checking account so in the event of an overdraft from checking, regardless of whether it is a check or a debit transaction, the bank / credit union will cover the overdraft (assuming there is enough $ in the linked savings account). Thats the good news. The bad news is that at the bank, each transaction like that costs me $12.50. At the credit union it costs only $3.50. If I overdraw my account at either place, they limit the potential damage (to them) by allowing only 4 such overdrafts in a 24 hour period. A NSF (non sufficient fund) charge of $35 is charged by the bank - this sounds just like Harold's situation. My bank is WF, my credit union is a small, regional operation that was part of my former employers company.

The entire point of having overdraft protection on your account is to limit the damage to you, as the consumer, for an honest mistake you made on your part. NSF charges are outrageous of course in comparison so thats why you get the overdraft protection. With out the overdraft protection you will pay huge fees

Now, for those of you that think their bank doesn't charge for a mistake, I suggest you really read the fine print in the fee schedule because I doubt that this is the case for any bank these days.

So, are you totally sure that your friendly bank doesn't operate just like my bank and credit union?

Positive. I have dropped all my "bank" accounts because of their unfriendly customer service. I have an overdraft protected checking account, check card and debit card. There is a very limited amount to keep me from making a dumb mistake. I think I've written 5 checks in the last year...because I'm very comfortable with online banking. I've never had an online issue...only hand to hand. If something happens that I exceed the limited overdraft amount they reject the transaction. I also have a daily limit on any transaction...that I can override if need be. I also have it set up that I inform them if I am about to go outside a specific mile limit of my normal life. I also have a credit card that I use for less familiar internet transactions through the same credit union. It's not linked to my check/savings account...it has a daily limit...and if it is exceeded in anyway it is rejected immediately...no charges. I did this recently when we moved...the hotel transaction was rejected because I didn't realize they added a large amount to the initial check in. I got a text within minutes telling me to call them.

I know this because I've had it happen 3 other times where someone...and it's easy to find who or where when it's set up like this...stole my card info and these things kicked in...I got a text to call the credit union...and it was fixed in minutes. No cost...only had to fill out a fraud report.

Brian Elfert
07-29-2015, 10:16 AM
My credit union will automatically transfer money from my savings to my checking account if there is an overdraft. I tend to keep a pretty large cushion in my checking. I put every expense I can on my credit card, but I make sure I have enough in my checking account to cover the charges. I usually have 30 days to pay off the credit card charges so I have a fair amount of money sitting in my account most of the time. When I make my monthly credit card payment I already have money sitting in my checking to pay the next credit card payment..

Pat Barry
07-29-2015, 10:36 AM
My credit union will automatically transfer money from my savings to my checking account if there is an overdraft. I tend to keep a pretty large cushion in my checking. I put every expense I can on my credit card, but I make sure I have enough in my checking account to cover the charges. I usually have 30 days to pay off the credit card charges so I have a fair amount of money sitting in my account most of the time. When I make my monthly credit card payment I already have money sitting in my checking to pay the next credit card payment..

Do you know what they charge you for the overdraft transfer?

Phil Thien
07-29-2015, 11:37 AM
There is a certain percentage of the population that will routinely write bad checks. I think the overdraft fees are designed to catch these people.

Because this is what happens: They write (let's say) ten bad checks, and have $450 in fees. They don't have the money to cover the fees (they're deadbeats). But now the bank blacklists them with ChexSystems (or similar).

So when the scammer moves onto the next bank and tries to open an account, that bank makes an inquiry and ChexSystems indicates they owe $450 to the previous bank, and the new bank won't allow them to open a new account.

And some people just never balance their checkbook and don't even know their balance. Nothing teaches religious checkbook balancing like getting dinged for $45 a few times.

My experience is that banks aren't evil, and don't want to ensnare people with a reasonable explanation. If you talk to them rationally, and demonstrate an explanation, they will likely waive the fees.

Matt Meiser
07-29-2015, 11:58 AM
Pretty sure our bank will set up your account to not allow overdrafts or fund them but ding you $45 (or whatever it is.) You can add overdraft protection which is a line of credit to prevent the fee. If you don't allow overdrafts you will likely get hit by fees from the merchant if you write a check and it doesn't go through.

I think there are some restrictions on funding overdrafts from "savings" depending on what type of account the "savings" account really is. It seems like there are regulations that prevent it if its really a money market account.

Glenn Clabo
07-29-2015, 12:13 PM
There is a certain percentage of the population that will routinely write bad checks. I think the overdraft fees are designed to catch these people.

Because this is what happens: They write (let's say) ten bad checks, and have $450 in fees. They don't have the money to cover the fees (they're deadbeats). But now the bank blacklists them with ChexSystems (or similar).

So when the scammer moves onto the next bank and tries to open an account, that bank makes an inquiry and ChexSystems indicates they owe $450 to the previous bank, and the new bank won't allow them to open a new account.

And some people just never balance their checkbook and don't even know their balance. Nothing teaches religious checkbook balancing like getting dinged for $45 a few times.

My experience is that banks aren't evil, and don't want to ensnare people with a reasonable explanation. If you talk to them rationally, and demonstrate an explanation, they will likely waive the fees.

A 2007 study by the Center for Responsible Lending said consumers are paying fees of $17.5 billion annually -- on automatic overdraft loans of $15.8 billion per year.

Read more: http://www.bankrate.com/finance/investing/fdic-study-outrageous-overdraft-fees-1.aspx#ixzz3hIVAEjXd

Phil Thien
07-29-2015, 12:36 PM
A 2007 study by the Center for Responsible Lending said consumers are paying fees of $17.5 billion annually -- on automatic overdraft loans of $15.8 billion per year.

Read more: http://www.bankrate.com/finance/investing/fdic-study-outrageous-overdraft-fees-1.aspx#ixzz3hIVAEjXd


Well by some estimates there are as many as 400M retail accounts in the United States. Not sure how many of those are checking accounts, maybe half? So maybe $100 per account?

More likely it is $400 to $500 on some accounts that are habitual abusers, and nearly zero on the majority.

You're talking to a guy that has had to go after people for tens of thousands of dollars of bad paper. My record was over $15k in a single year. But I saw an enormous reduction when banks started ratcheting-up their fees.

Jerome Stanek
07-29-2015, 1:23 PM
only had an overdraft once and it was the banks fault as I had deposited a check for over $10,000 and they made a mistake in entering my account number. They handled everything to get it straightened out. It was a small bank that we used for years.

Pat Barry
07-29-2015, 1:42 PM
There is a certain percentage of the population that will routinely write bad checks. I think the overdraft fees are designed to catch these people.

Because this is what happens: They write (let's say) ten bad checks, and have $450 in fees. They don't have the money to cover the fees (they're deadbeats). But now the bank blacklists them with ChexSystems (or similar).

So when the scammer moves onto the next bank and tries to open an account, that bank makes an inquiry and ChexSystems indicates they owe $450 to the previous bank, and the new bank won't allow them to open a new account.

And some people just never balance their checkbook and don't even know their balance. Nothing teaches religious checkbook balancing like getting dinged for $45 a few times.

My experience is that banks aren't evil, and don't want to ensnare people with a reasonable explanation. If you talk to them rationally, and demonstrate an explanation, they will likely waive the fees.



You think everyone is out to scam the banks?? Seems like a very pompous attitude to me.

paul cottingham
07-29-2015, 1:44 PM
I have read all of the responses...thank you all, by the way...but (with all due respect) this one absolutely baffles me. For the life of me, I cannot see how I am to blame.

Because you arent. These good folks are acting as though you should have anticipate what the dress company would do. Must be nice to have so much money in the bank that you can think that way.

The dress company is at fault. They overcharged you and caused all this. There is no other way to view it. As far as I'm concerned they should cover the overdraft charges. Why should you? You had enough in the bank to meet your obligations, with absolutely no reason to have more there.

If you have been a long term, good customer of the bank, they should reverse the charges. If they dont, i would find another bank.

paul cottingham
07-29-2015, 1:56 PM
As an aside, i once had a bank fail to transfer money between two accounts to cover overdrafts, even though they had said, in writing, that they would. 12 bounced checks later (all school related, before the internet and internet banking, my bank was in a different city, hell, on a different island from where i was living) they denied they had done anything wrong, even when shown the document that stated they would transfer funds.

Well, i started screaming. Literally. In the bank. Im not proud of it, but the overdraft charges would have wiped out a couple of months worth of living expenses.

They couldn't reverse the charges quickly enough. They even sent out letters to everyone whom i had bounced checks to.
Of course, the same thing happened the next year, (seriously, except there was no screaming,) so i moved all my accounts.

Every month, i would go into that bank and pay my student loan. And every month, they would ask why i didn't just bank there. And every month, i would tell the same story.

Phil Thien
07-29-2015, 2:31 PM
You think everyone is out to scam the banks?? Seems like a very pompous attitude to me.

Well, I wrote (and you quoted) "a certain percentage of the population."

But you claim I think "everyone."

Can you please explain the discrepancy?

Brian Elfert
07-29-2015, 3:45 PM
Do you know what they charge you for the overdraft transfer?

I believe it is zero.

Harold Burrell
07-29-2015, 10:49 PM
Well...I got a call from the bank today. The refund came as did the fax letter from the "dress company" admitting fault.

The bank then (graciously) withdrew the $180 in fees. All is well.

Oh, and...

The dress came today also.

And...you guessed it...it doesn't fit. :eek:

Kent A Bathurst
07-30-2015, 1:42 AM
The dress came today also. And...you guessed it...it doesn't fit. :eek:

You been putting on some weight, big fella? Trying to replace your out-of-town wardrobe?

Harold Burrell
07-30-2015, 10:39 AM
You been putting on some weight, big fella? Trying to replace your out-of-town wardrobe?

Kent, I love you and all, but...don't make me hurt you.

DOUG ANGEL
08-01-2015, 11:40 AM
I believe Bank of America was sued for the same thing. Having said that, I have had several overdraft fees reversed by them. In our area, they are customer friendly. I got overdraft protection because both myself and LOML have access to the account. This came about because LOML and myself made a car payment to the credit union on the same day. Credit union returned one payment and the bank waived the over draft charge. Both the credit union and the bank were hugely amused.

Brian Holcombe
08-01-2015, 12:22 PM
I use a credit card to provide an additional method of protection between my banking and my purchases. My preference is for AMEX and they're quite helpful in cases of fraud, potential fraud or billing error.

It also has the added bonus of cashback in my case.

Matt Meiser
08-01-2015, 2:08 PM
But Dave Ramsey says credit cards are bad :rolleyes:

Brian Holcombe
08-01-2015, 3:44 PM
LOL, thanks for the laugh Matt. :cool:

Larry Dubia
08-05-2015, 3:53 PM
Go into the bank and talk to a banker. They will usually cancel the overdrafgtsif you can prove to them the issue was caused by and overpayment of a purchSE. I went through and did what I mentioned. They looked at the purchase, the price they charged and the response returned and canceled the 12 overdrafts. They had me wait to do any purchases until things caught up. I was more than happy to comply...$420 worth of happy!