Bank of America Question

Can Bank Of America Reverse A Legitimate Deposit And Then Charge Me Fees?

1
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Posted By: evamarie2002 on 6/3/2008

Location: houston, TX

Hello, my name is Evelyn Segovia and I was writing you because I saw your article online. Here is my situation. About a week to two weeks ago, my husband and I received an economic stimulus check and we both endorsed the check and then deposited it via an ATM. The check cleared and we began spending it on necessities and a few other things that we had been wanting.

Today, I looked online to see how much extra money I had (according to my records I should have had around 700.00) only to find that my account was overdrawn by $204.00. I looked at my transaction history to see that today, June 2nd my deposit of $900 was reversed. I could not believe this (nor could I begin to fathom why this would occur), so I called "Customer Service". This phone call was a big disappointment as I was only told, "I am sorry for the inconvenience. Due to the large number of people stealing from each other, we are forced to do occasional audits on ATM deposits.

If a check has a name that is not on the account, then the funds are removed from the account and a duplicate certified check is sent to the customer. You should wait for the check to come, and then take your husband into the nearest B of A with your I.D.'s and re-deposit the funds." I was completely flabbergasted as my husband has made bi-weekly deposits into my account (with his company check) for the past year via to the ATM. The justification seems sketchy at best. When I asked them what I was supposed to do to pay for my 4 month old child's formula or gas to go to work, the bank said that they don't have that answer. They also informed me that they did not know when I would receive the check. They said it was dependent on the United States Postal Service which tells me that they didn't even send the check certified so it could very easily get lost in the mail.


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    BuckyCub (06/03/2008)      
    The other options you have for items involving banking is filing a complaint with your Attorney General for the state of Texas. Go the the attorney general office website and the forms are online. Your other Option is to go the the Office of the Comptroller of Currency which helps oversee all nationally chartered banks. Those are any banks with NA associated with their name. Even the office of thrift supervision might be of assistance. But that can get you started on filing complaints with those areas. Also you can petition your congress-wo/man. Hope this helps you sorry about what happened.

    madconsumer (06/04/2008)      
    as a bank of america customer for many years, i have never seen this. is your husbands name different than yours? was the check signed "for deposit only"?

    with all the tefts today, i am totally surprised this happened. as far as this being illegal, it is not. no DA will do anything.

    Cyane (06/04/2008)      
    Government checks are extremely restrictive, and really should only be deposited into an account that names both parties. You have no recourse against the bank because it is a legal procedure.

    NiceGRL (06/04/2008)      
    Very sorry to hear this. I deposited a check for $1200 at Charter one last year for my brother. He panicked a few weeks later because his account was in the negative. He has never had that happen. We figured out that it was my deposit not listed. The bank would do NOTHING about it until I found my original deposit receipt. Fortunately, I did find the receipt and the bank credited the account. Can you imagine how I would have felt if my brothers money was not given back to him. Often I am careless about those receipts. Not any more.

    If the bank took the check back than they should definitely reverse those charges. If they don't You ... more >>

    yoke (06/04/2008)      
    We had BofA years ago. Hubby was in the Navy and we had his pay direct deposited. One month the deposit went in and then a few days later it was reversed. It was over a long weekend and payday was actually on a Monday, but the military would pay you on Friday if the banks were to be closed on payday. BofA made the excuse that they could hold the deposit until Tuesday and it was accidentally put into our account on Friday. As soon as the matter was cleard up we took our money out and have been happy at out Credit Union ever since.

    Ponie (06/04/2008)      
    Wow! My usual response to fees levied against a depositor is 'read the terms and conditions you received when you opened your account.' But something like this probably is not covered. I've never experienced depositing a check with two names on it, so have no idea what to expect. I hope you'll keep us updated on this problem.

    CrazyRedHead (06/04/2008)      
    The bank is right. Although your husband deposits his paychecks into your account, is his name on your account, as in a joint account. I went through the same thing a few years ago with our tax refund check. Thankfully I got the message before I started spending. With the stimulus check it has both of our names on it, but our accounts are separate. Me and my husband both went into the bank and cashed it with no problems.

    I am sorry that this happened to you but the bank is correct in this, and it is legal. Maybe if you call them and explain this to them and tell them that you were unaware of this they may be able to refund some of tho ... more >>

    LeeSee (06/04/2008)      
    Is there any chance this could be the cause?:

    SAN FRANCISCO (MarketWatch) -- Almost 46 million stimulus payments totaling about $41 billion were sent to taxpayers in the three weeks ending May 16, the U.S. Treasury Department said Friday.

    But at least a few of those payments ended up in the wrong bank accounts, the IRS said, confirming a story reported in the New York-based newspaper Newsday on Thursday.

    "We determined that about 1,500 of these payments went to the wrong bank account and IRS is working with taxpayers and banks on a case-by-case basis to resolve this issue as quickly as possible," the IRS said in a statement Friday ... more >>

    CrazyRedHead (06/05/2008)      
    I don't think so LeeSee. She said that she and her husband endorsed there check. She must have received a papercheck, the article is talking about direct deposit.

    ConsumerJane (06/05/2008)      
    I suggest you stop using Bank of America as soon as possible. The company has a very bad reputation that is not likely to get better anytime soon. The company is going downhill, has decreasing profits and an increasingly poor reputation. So to make up for lost money, this bank is charging fees to poor, powerless customers whenever it can. Run for your life. Bank of America is a lousy business.


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