
BoomChikkaBoom
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When you sign debit authorizations, you agreed to what just happened to you.
Just because they forgot one month doesn''t mean they aren't still entitled to the money. You signed an agreement, and it is your responsibility to monitor your account to make sure that you are being debited correctly. You "knew" about the debit when you signed the agreement. They are under no obligation to "let you know first".
Let me put it this way .. If you forgot to cash one of your paychecks for a few months, does your employer not owe you the money?
If this is the first time you have ever overdrawn your account, you may be able to get your bank to reverse the overdraft fee as a courtesy. |
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Brandon
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I don't know if they can or can't. I'd be looking for a new bank if I were you. There are banks out there that don't charge you to hold your money. |
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Kristine
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That really sucks, but I think they have the right to do it. Even though they forgot to take the fee out a few months ago, I would have marked it out anyway, because somehow they always seem to catch it eventually. We had a problem like this a few years ago, so what we do now is just leave a "buffer" in our account (we have like $25 more than what our balance really is) This works for us. All those fees added up can really kill ya. |
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ed
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The question arises, "Did you not know that the past drafts were not processed"
Would it be reasonable to assume that you made certain each month that the draft was covered? If so, you should have had a plus balance in your account for those amounts.
They had the right to process those amounts, since you gave them permission to draft them.
Bear in mind one thing. No creditor is obligated by law to even mail a bill to a debtor. It's the responsibility of the debtor to pay as agreed. Billing is just a courtesy by a creditor. |
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heather b
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It doesn't sound right but I am sure they can. I hope you get it resolved in your favor. |
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Lumas
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I am sorry to hear about your troubles. That is why I don't let any company take money off my account automatically. It is a little inconvenient having to be on top of my payments on the date they are due but avoiding this kind of abuses makes it worthed.
Do you have a copy of the agreement? and records of all the withdrawls they have made? Is it true they missed one month? Probably a litigation lawyer will be able to help you if there is some kind of loophole on the verbage of the agreement but it is very unlikely. |
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The Foosaaaah
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No |
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LoneStar
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They can do it. You owed the fee. But if they do not waive the overdraft fee, considering the grief they have caused you, I would get another bank.
You need to keep a little more cash in your account--living that close to the edge lets things like this happen. |
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4knowledge
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You need to find another bank. |
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mustangamer
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I believe so. But if you knew they were going to take out a certain amount ever month, you should have already accounted for that in your checkbook. Instead, you spent the money that you promised them, whether they actually took it or not. |
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nakedandsucking
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this is serious. talk to a lawyer. |
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sarayu
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You should claim relief for the agony they have caused to you.
VR |
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Iden x
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Man I say ban banks unless your making more than a thousand a week.. dont use them You put money in a bank to save not for them to take it out and charge fees... why do you need a bank really anyway? |
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paul
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You should get a free checking account so you wouldn't have to deal with this in the future. washingtion mutual and bank of the west have free checking. |
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Decoy Duck
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Apparently from your description the bank did miss a month and you should have had funds to cover it still in your account. What happened to those funds? Kinda looks like you found a 'bonus' in your account and spent it without researching why you had excessive funds in a particular month. |
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malung786
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legally i dont think so, but they do messup occasionaly |
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cathy
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I don't think that they can do that. Call the bank's customer service number and ask to speak to a supervisor and talk to them about it so you don't get the run arround. Cause I think that is what the bank it self is doing. If there was an error on their part you should not have to pay for it. If that does not work I would consider finding a new bank. |
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truthsearcher
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It varies from bank to bank and what form of account you were sigh up for the best possible answer is talk to the bank manger it they do not assist you them demand a formally record of all transaction it which upon receiving this go to the better business bureau and filing a formal complaint. the thing aboput banks is they do nothing but make money with other peoples money and charge them for it it like here i hold your lunch for no reason at but because i want to and you have to give me 25 percent of your lunch for therest of the year and in return i give u a percent of a percent |
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smalltownangel
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I think they can take it without telling you but it still sucks. I would complain alot and tell them that you almost lost your place until they decide to take it back |
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therego2
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Unfortunately they probably can. You owed them the money and should have already accounted for it in your check register. It was a bill that was due that simply hadn't cleared. Perhaps a new bank is in order. Credit Unions often have less fees to bank with them. |
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