Is there a lawyer in the house?

[OdoWanKenobi]

Ok, here's the story. I opened an account at new bank recently. The only deposit I made so far was a $500 dollar deposit at the start. On friday, my account showed up overdrawn by several hundred dollars, and in the trnasactions there was a hold placed on the account for $873 dollars. Now, I knew I didn't spend that much money, so I called up the bank, and after getting a run around (and I'm ashed to say shouting at some people) I finnaly was told that there was a check cashed from my account that bounced for $873 dollars. I knew I wrote no such check, and they finally saw reason (or so I thought) and refunded my money. Fast forward to today where my debit card is denied at the grocery store and a check of my account shows it over drafted by $888,000. I call the bank to find out what's going on and they say that the account is being closed because of that very check that I had thought I had taken care of previously. They say that I don't owe the $888,000, and that's just a measure to close the account, but that I do owe for the remainder of the $873 check. Needless to say I'm furious, and I really don't know what I should do to remedy this. Does anyone have any suggestions? I'm really open to hearing them, and I don't feel like losing that much money.

 

[James Bond]

That sucks, man. I don't have any advice, but you've got my support. Which bank is it?

 

[OdoWanKenobi]

It's Bank of America. Believe me, even if I can get my money back, I'm closing the account anyway right after and taking my business elsewhere.

 

[Trekker4747]

Not a lawyer, but I play one on TV.

Ok, not even that.

But I believe any check you dispute they have to accept your dispute and investigate into things. I know CC companies operate under a similar manner.

[Shatner]Trekker 4747[/Shatner]

 

[msbae]

It's Bank of America.

^^^That's your problem right there.

Believe me, even if I can get my money back, I'm closing the account anyway right after and taking my business elsewhere.

Don't go to any bank that needed Uncle Sam to save them or any other bank that bought out one of the troubled firms. Either of those two actions says a lot about that particular bank's efficiency. I know Clinton forced Fannie Mae, Freddie Mac and the Mortgage Industry to issue those sub-prime loans but, they should have handled it better.

Anyway, I suggest paying cash for as much as possible, unless you're trying to build up credit with a credit card.

 

[Miss Chicken]

Does the USA have banking ombudsmen (or something similar under a different name) or is that just a British/NZ/Canadian/Australian thing?

 

[Scout101]

could start by asking to see a copy of the check in question. They should have either the canceled check or a scan of it...

 

[JAG]

Your first step is as Scout101 says. ASk for a copy of the check. You need to go into the branch. You can not do this by phone. You should also look into filing a police report for fraud.

 

[ancientone51]

1. Get thee to the bank and talk person to person.
2. File all fraud reports with the bank AND the police.
3. Sounds like a case of Identity theft.
4. Bank should have been more cautious BEFOPRE the second problem based upon the first.

Where are you? I lve in a smallish town and we found out about the son (my stepson) cashing checks...back before computer access...when the bank the bank called me at work about his attempt and the signature didn't look right. It was/is BofA and they were very helpful in getting it cleared up. BUT we did have to close the one account and open another.

Good luck.

 

[LeadHead]

So far, very good advice, mine is don't go to the Bank alone. Take someone else who knows a good amount about the law. finances or just who you bring with you to buy a car. When there's the entire bank staff and just you, psychologically it can make it that much tougher for you to stand your ground even when they are completely in the wrong.

 

[John Picard]

It's Bank of America.

^^^That's your problem right there.

Believe me, even if I can get my money back, I'm closing the account anyway right after and taking my business elsewhere.

Don't go to any bank that needed Uncle Sam to save them or any other bank that bought out one of the troubled firms. Either of those two actions says a lot about that particular bank's efficiency. I know Clinton forced Fannie Mae, Freddie Mac and the Mortgage Industry to issue those sub-prime loans but, they should have handled it better.

Anyway, I suggest paying cash for as much as possible, unless you're trying to build up credit with a credit card.

QFT. Bank of America is a slimeball, rat-bastard organization.

What you need to do is file a complaint with your State Attorney General and READ THIS ON HOW TO FILE A COMPLAINT AGAINST A BANK.

BofA is Federally regulated, and believe me, *when* you tell them that you filed a Federal complaint tell them you'll request the bank be audited. Nothing will make a banker cry like a baby than the threat of an audit. My grandfather had a bank shut down once for an audit. Believe me, it is not pretty.

After that, go with a small, local credit union. They won't screw you over.

Your first step is as Scout101 says. Ask for a copy of the check. You need to go into the branch. You can not do this by phone. You should also look into filing a police report for fraud.

The police can't do anything about it.

 

[indranee]

okay, I've asked my boyfriend who's a corporate lawyer and his first advice is to 1) file a fraud case against BoA, and 2) ask for a copy of the canceled check AND all the transactions that are going into your statement this month. this is not something the bank should be getting away with.

btw, I hate BoA. my workplace issues its paychecks from there, but I'd stay as far away from it as possible.

 

[bluedana]

First, as people have said, request a copy of the $873 check (or, if you have online banking, you can print out a copy yourself. You may even be able to get a copy from an ATM). If you didn't write that check, the signature will not match the signature card on file at the bank - which is the whole point of the signature card.

Second, you should consider yourself to be a victim of identity theft. That means you need to get a free copy of each of the three credit bureau reports and review them carefully. Make sure there aren't any charge cards, accounts, or lines of credit opened up under your name that you don't know about. If there are, notify each credit bureau in writing and ask for an investigation. You should also report the possible ID theft to your state AG's office (usually the consumer protection division), and if necessary, the FBI, which investigates identity theft involving FDIC insured financial institutions.

Do everything you can in person and - in any event - in writing, making note of the names of everyone you talk to, with the date and time, and keep copies of everything you send out and receive as answers. Unfortunately, if someone has stolen your identity, it will take significant legwork to clear it up.

On last thing: you should contact any bank with which you have a debit, credit or check card and get a new number. If someone has stolen your mail or hacked into your computer (online orders or bill payments), your old card numbers are out there. And once you clear things up with BofA, make sure the credit bureaus take off the original $873 and the $888,000 (what an odd procedure) overdraft.

 

[Timby]

The earlier suggestions about identity theft are valid, and are worth looking into. Do you have any roommates? Are any of them ... unscrupulous? What about work associates; does anyone have access to your wallet?

Go to the bank and talk to a bank manager person-to-person. Demand to see the bounced checks and a copy of your transaction record. I'd echo John_Picard's advice about contacting the attorney general, as well. Tom Miller's office is not known for taking fraud lightly.

You need to evaluate all of your personal information and ascertain what has been compromised. Assume that some jackass grabbed your wallet and made photocopies of your driver's license and social security card. Call the credit bureaus and have your accounts flagged for potential fraud. When you do this, any time anyone tries to do anything with your social security number for the next 6 months, they call whatever phone number you give them. If you don't verify that you're opening a credit card / getting a cell phone / making a loan inquiry / whatever, no credit is taken out and cannot be shown on your credit report. Notify any creditors, debtors, any companies you may owe bills to. Go nuts. A stolen credit card number is an annoyance. Someone taking out a boat loan on your social security number is a major pain in the ass.

(Also, even though we do have lawyers on the BBS, unless they're licensed to practice in the State of Iowa -- where I assume you still reside -- they cannot give you legal advice, due to ethical regulations.)

 

[John Picard]

The earlier suggestions about identity theft are valid, and are worth looking into. Do you have any roommates? Are any of them ... unscrupulous? What about work associates; does anyone have access to your wallet?

Go to the bank and talk to a bank manager person-to-person. Demand to see the bounced checks and a copy of your transaction record. I'd echo John_Picard's advice about contacting the attorney general, as well. Tom Miller's office is not known for taking fraud lightly.

You need to evaluate all of your personal information and ascertain what has been compromised. Assume that some jackass grabbed your wallet and made photocopies of your driver's license and social security card. Call the credit bureaus and have your accounts flagged for potential fraud. When you do this, any time anyone tries to do anything with your social security number for the next 6 months, they call whatever phone number you give them. If you don't verify that you're opening a credit card / getting a cell phone / making a loan inquiry / whatever, no credit is taken out and cannot be shown on your credit report. Notify any creditors, debtors, any companies you may owe bills to. Go nuts. A stolen credit card number is an annoyance. Someone taking out a boat loan on your social security number is a major pain in the ass.

(Also, even though we do have lawyers on the BBS, unless they're licensed to practice in the State of Iowa -- where I assume you still reside -- they cannot give you legal advice, due to ethical regulations.)

A large percentage of all identity theft is committed by relatives. I would not hesitate to prosecute anyone I'm related to as it's a crime. Never, ever steal from me.

 

[Rÿcher]

I can habeas corpus like nobody's business but it doesn't make me a lawyer, sorry.

 

[Holdfast]

Ok, here's the story. I opened an account at new bank recently. The only deposit I made so far was a $500 dollar deposit at the start. On friday, my account showed up overdrawn by several hundred dollars, and in the trnasactions there was a hold placed on the account for $873 dollars. Now, I knew I didn't spend that much money, so I called up the bank, and after getting a run around (and I'm ashed to say shouting at some people) I finnaly was told that there was a check cashed from my account that bounced for $873 dollars. I knew I wrote no such check, and they finally saw reason (or so I thought) and refunded my money. Fast forward to today where my debit card is denied at the grocery store and a check of my account shows it over drafted by $888,000. I call the bank to find out what's going on and they say that the account is being closed because of that very check that I had thought I had taken care of previously. They say that I don't owe the $888,000, and that's just a measure to close the account, but that I do owe for the remainder of the $873 check. Needless to say I'm furious, and I really don't know what I should do to remedy this. Does anyone have any suggestions? I'm really open to hearing them, and I don't feel like losing that much money.

Ask the US government for a bailout. Problem solved.

 

[zephramc]

^^^ Odo (like the rest of us) is not too big to fail.