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ethiobro
Where can i join a class action suit against wachovia for excessive overdraft?

Additional Details
here is the problem another person is having and Bank of america and Wells fargo have settled similar lawsuits
http://www.ripoffreport.com/reports/0/186/RipOff0186353.htm
                     
 




Dustin F
Rating
I have a similar problem with double overdraft fees but there is no way for wachovia to excuse what they are doing to me. This is not a deceptive marketing trick... this is blantent, premeditated, computer programmed theft of the funds in my account.

Most recently: I had $45.44 in my account for a couple weeks. On day 1 I withdrawl $42.00 (atm). On day 2 I withdrawl $5.99 (credit purchase). On day 3 I am charged two $35.00 overdraft fees. Both transactions bounced?!?!. How is this possible? I have $45.44 that belongs to me and the law says i am entitled to spend that money whenever i want, so how can wachovia tell me that my $45.00 does not cover either one of the purchases of lesser amounts? And how can they legally fine me for spending money that the law says i am entitled to spend?

I have done this now intentionally 8 times, each about 2 weeks apart and with various dollar amounts, each time making sure my second transaction bounces by a few pennies, each time calling customer service and having one of my double overdraft fees dropped. I am more than willing to invest 'some' overdraft fees for my research project here but not all the fradulent ones.

Each time I call, even though i alert the customer service rep i am recording the conversation, most of them (actual wachovia employees) explain that wachovias system is designed to intentionally put holds on certain amounts and post other amounts, plus delay only certain transactions so that they criss cross and double charge overdrafts. Actual employees admiting it on tape, even some saying it happens to their own personal accounts. How, do you ask?

The atm withdrawl is not processed right away, a 'hold' put on it. It is as though it never happened for several days until it is processed, but the amount is no longer part of my avaliable balance (My $45.44 avaliable balance suddenly went to $3.44 because of my $42.00 atm withdrawl 'hold'). In the meantime until the transaction clears, the wachovia system is waiting for a credit purchase to come in. When the credit purchase of $5.99 comes in, it of courses bounces (5.99>3.44). They charge a $35.00 overdraft fee + pay for my $5.99 purchase and deduct it from my avaliable balance and my account becomes Negative $37.55. Then the atm withdrawl of $42.00 is applied to my account (no longer is it a hold). Of course, it bounces. So i get another overdraft fee. I am now at Negative $70ish for spending 65 cents more than what my account had.

I can reverse the amounts of the two different transaction types and it still happens. I can make my transactions as few as 1 day apart or as many as 4 days apart, and the processing of my atm withdrawl seems to lie in hiding and wait for that second little credit purchase to come in. When it does come in, boom... the next day or sometimes 2 days later i see there was a hold on the atm, processing of the credit purchase (bounce), an overdraft fee, a processing of the atm (bounce), and another overdraft fee, always in that order. If i make the transactions 1 days apart, the atm withdrawl is processed on day 2. If the transactions are 3 days apart, the atm is processed on day 4.
The fact that their system actually calculates and times this in such a way that every time I do it, as i change my spending habits (the days i wait between these transactions), the wachovia system adjusts the time frame at which it processes my atm withdrawls to match, and always time it in a way to double charge me proves malicious intent through their own programming code to defraud and rip off their own customers. The fact that Wachovias system is intentionally designed in a way my $45.44 is not enough to cover either a $42.00 or a $5.99 transaction amounts to plain fraud. If i put $45.44 in the bank, and it doesn't cover a purchase of $5.99, what the hell is going on?

I live in florida, just a freelance software engineer and web designer by trade, but I am definately going to look into some kind of legal action here.

And for lewinski... The largest to smallest issue doesn't affect my issue much but just for the record... if things were processed smallest to largest, fewer things would bounce. And yes she would be bitching less. In most peoples case, while the most important thing (largest transaction) would bounce, it would be the only thing to bounce. And wachovia would cover it, putting your account at a negative balance and charging one overdraft fee, instead of letting the largest thing clear, and bouncing a handful of much smaller things and charging numerous of those deadly $35 fees. But of course wachovia does it the way they do it, it is the way that makes them the most money, who cares who they screw they are all getting richer right? Wachovia is not a person, it doesn't feel bad that it is totally screwing us. It is a large corporation driven by stockholders who only want more and more money. I imagine if wachovia just plain decided to stop ripping people off, its profits would drop right along with its stock, probably a great deal, so it will take legal action to stop their fradulent practices they aren't just going to one day say 'Let's be honest for a change'.


lewinski1684
Excessive overdraft? It's not excessive if you constantly overdraft your account. Wachovia is hardly the only bank who posts in order of largest to smallest. I can understand your frustration however, look at it this way. What if they posted in reverse order, smallest to largest. So all of your little debit card purchases would come out first, maybe an ATM withdrawal or two, and then comes out your mortgage or car payment last and now because the bank paid all those little things first, you now don't have enough for arguably the most important item out of all them. Then would you still be bitching?

Probably...


zyberianwarrior
if you didn't get a letter from the eggplants (attornies) you are not invited to join sorry.


Amanda
I don't believe that there currently is a lawsuit against Wachovia from excessive overdrafts. There is a law suit about trusts and mutual funds that were bought by Wachovia from Evergreen Investment Management Company. Anyway why do you think that you have excessive overdrafts?

And why don't you call wachovia 1-800-922-4684 if you don't overdraft often or you feel you have been over charged then see about a refund they will sometimes do it depending on the situation.

I am adding this now that I know why you are upset with the overdrafts. Wachovia post high to low like many many banks. They post this way to make sure that your most important items are paid. Wachovia could reject all those items and still charge you the same fee but no they pay them for you. If Wachovia paid your mc donalds and your gas stations and wal mart first because you had the money for it and you had your car insurance returned you would have your insurance canceled you would have to pay a higher rate to have that insurance reinstated. You may not know your insurance is canceled and you could be pulled over and have your car towed and you would have to walk home. So then you have to pay more money for your insurance for atleast 6 months you would have to pay to get your car out of in pound you have to pay your ticket for not having insurance. Well all of that would be a lot more expensive then paying some 35 dollar fee. So be thankful Wachovia uses THEIR money to pay for your purchases instead of just returning them!

Again there isn't a current lawsuit you would have to get an attorneys who would take it on. Those links are for different banks or people who are thinking about doing it not anyone who actually has.


linda
Rating
what makes you think you were charged an excessive overdraft charge? Did they charge more that the amount listed in your overdraft protection contract?
If you have No notification from an attorney notifying your eligible then you can't be part of a class action suit.


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