Complaint Review: CHEX - ChexSystems - Washington Mutual Bank

Response to Holly's question on May 6, 2006


For Holly, your questions have been answered in the order asked:

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Q: If Washington Mutual reported you to CHEX to begin with, why would you open a new account with them?

A: Hindsight is always 20/20. Though, as already-mentioned in my above-listed complaint, a letter from Washington Mutual on September 22 2006 indicating that the reported account was to be discharged and any remarks regarding this account to be removed allowed for the false sense of security that this issue would be rectified. After all, we are human and mistakes do happen from time to time. In this case, this mistake can never be excused.
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Q: And if it was an error on their part, how come they don't know this? Shouldn't they have record of this on your previous account? What did they say when you told them it was their error?

A: They ARE aware of their blunder and still to date, have NOT rectified the issue at hand. From what I've gathered, someone's head is on the chopping block, so the easiest thing to do, is pass the buck onto the customer. Hard to believe? hardly, as I'm living it right now and is the reason why I refer to both CHEX and Washington Mutual Bank as BOTH willfully criminally negligent and enabling fraud!
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It would take very little research on their end to find out what's going on. Seems there is another reason they are not releasing your funds.

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Q: You mentioned your business, what is the relationship between your personal checking account and your business?

A: Business entities are separate from personal accounts. However, Washington Mutual appears to think otherwise and in their eyes, MY business account is now a liability as per the lack of the deletion of the negative remark on my Chex credit report and now that they're caught themselves in NOT fulfilling on THEIR own letter of discharge and the promise to have the issue rectified, so they exercise a clause buried in the fine print of their Accounts Disclosures and Regulations to put in motion a closure of accounts. Which translates into, we don't need to explain ourselves for illegally closing your accounts.
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Furthermore, Washington Mutual Bank is a banking hellhole that I will NEVER do business with ever again and would advise people to follow suit. Feel free to search ripoffreport.com s database for the numerous customer complaints as well as checking out a fraud link for wmb Thus the same shenanigans and criminal acts they performed with their mortgage end, they're now doing on their consumer banking end.

Also, ChexSystems, Inc. is nothing more than a iniquitous agency that disregards the Fair Credit Reporting Act (as in this case Section 623, CUSHMAN v. TRANS UNION CORPORATION, US Court of Appeals for the Third Circuit Court, Case 115 F.3d 220, June 9 1997 (D.C. No. 95-cv-01743), and the legal precedent set forth by Wenger v. Trans Union Corp., No. 95-6445 (C.D.Cal. Nov. 14, 1995), in their willful non-compliance, defamation and injury accordingly.


Holly, try to understand that banks and credit/consumer reporting agencies work for us and on our behalf and if we don't, as consumers, ensure that the law is maintained and appropriate consideration is afforded to victims of these corporate legal violations, then they will do as they please at the expense of OUR hard earned money and reputations.

Hope this helped Holly!

Response to Holly's question on May 6, 2006


For Holly, your questions have been answered in the order asked:

----
Q: If Washington Mutual reported you to CHEX to begin with, why would you open a new account with them?

A: Hindsight is always 20/20. Though, as already-mentioned in my above-listed complaint, a letter from Washington Mutual on September 22 2006 indicating that the reported account was to be discharged and any remarks regarding this account to be removed allowed for the false sense of security that this issue would be rectified. After all, we are human and mistakes do happen from time to time. In this case, this mistake can never be excused.
-----

Q: And if it was an error on their part, how come they don't know this? Shouldn't they have record of this on your previous account? What did they say when you told them it was their error?

A: They ARE aware of their blunder and still to date, have NOT rectified the issue at hand. From what I've gathered, someone's head is on the chopping block, so the easiest thing to do, is pass the buck onto the customer. Hard to believe? hardly, as I'm living it right now and is the reason why I refer to both CHEX and Washington Mutual Bank as BOTH willfully criminally negligent and enabling fraud!
----

It would take very little research on their end to find out what's going on. Seems there is another reason they are not releasing your funds.

-----

Q: You mentioned your business, what is the relationship between your personal checking account and your business?

A: Business entities are separate from personal accounts. However, Washington Mutual appears to think otherwise and in their eyes, MY business account is now a liability as per the lack of the deletion of the negative remark on my Chex credit report and now that they're caught themselves in NOT fulfilling on THEIR own letter of discharge and the promise to have the issue rectified, so they exercise a clause buried in the fine print of their Accounts Disclosures and Regulations to put in motion a closure of accounts. Which translates into, we don't need to explain ourselves for illegally closing your accounts.
----

Furthermore, Washington Mutual Bank is a banking hellhole that I will NEVER do business with ever again and would advise people to follow suit. Feel free to search ripoffreport.com s database for the numerous customer complaints as well as checking out a fraud link for wmb Thus the same shenanigans and criminal acts they performed with their mortgage end, they're now doing on their consumer banking end.

Also, ChexSystems, Inc. is nothing more than a iniquitous agency that disregards the Fair Credit Reporting Act (as in this case Section 623, CUSHMAN v. TRANS UNION CORPORATION, US Court of Appeals for the Third Circuit Court, Case 115 F.3d 220, June 9 1997 (D.C. No. 95-cv-01743), and the legal precedent set forth by Wenger v. Trans Union Corp., No. 95-6445 (C.D.Cal. Nov. 14, 1995), in their willful non-compliance, defamation and injury accordingly.


Holly, try to understand that banks and credit/consumer reporting agencies work for us and on our behalf and if we don't, as consumers, ensure that the law is maintained and appropriate consideration is afforded to victims of these corporate legal violations, then they will do as they please at the expense of OUR hard earned money and reputations.

Hope this helped Holly!

If Washington Mutual reported you to CHEX to begin with, why would you open a new account with them? And if it was an error on their part, how come they don't know this? Shouldn't they have record of this on your previous account? What did they say when you told them it was their error? It would take very little research on their end to find out what's going on. Seems there is another reason they are not releasing your funds. You mentioned your business, what is the relationship between your personal checking account and your business? Please respond.

Corrected typos on May 4 2006

FYI: All correspondence from me has been sent via Certified Mail w/Return Receipt in order to ensure 100% accurate record keeping, something that you will find out ChexSystems, Inc., after reading this ripoffreport, has absolutely no concept off.

It never ceases to amaze me how flagrantly credit reporting agencies violate and disregard the Fair Credit Reporting Act.

In requesting my CHEX report on September 23 2005, there was still a negative remark from Washington Mutual Bank F.A. indicating an erroneous overdraft (which by the way, was promised by the bank, in writing on September 22 2005 to be removed and YES, I have the original!). Still, I disputed the negative remark on September 27 2005 WITH a copy of the aforementioned letter from the bank enclosed and allowed for the 30 day period allotted for set disputes to be completed. Well, time ticked away and there was no response.

Come October 13 2005, I requested another copy of my Chex report. What an amazement, the erroneous information had not been removed. Another letter indicating my position on the dispute was sent on October 17 2005. Finally a response was received on October 21 2005 stating that CHEX's previous correspondence (which was never received) on October 4 2005 was to inform me that their re-investigation of my dispute was complete and the information provided by Washington Mutual Bank F.A. was verified as accurate.

Knowing my consumer rights and allowing for good faith attempts to rectify a situation prior to suing, I attempted on October 27 2005, November 9 2005, and subsequently December 11 2005 to rectify this unlawfully erroneous reporting from Washington Mutual Bank F.A. and criminally negligent mistaken record keeping from ChexSystems, Inc.

It's now May 4 2006 and the events as such arising from this issue, is that my accounts have been shutdown very conveniently by Washington Mutual F.A.with an unreasonable delay on the release of my funds (the Federal Reserve Bank of Chicago is going to love this one) on April 19 2006 all due to the erroneous reporting of my credit from ChexSystems, Inc. Regardless of the false furnishings to Chex from what I now know as a well known illicit bank such as Washington Mutual Bank F.A., the law dictates that the critical onus of accuracy falls on the shoulders of credit reporting agencies and thereafter the furnishers of set information as per the FCRA.

You may ask how my accounts were shutdown with Washington Mutual Bank F.A. ? Well, thanks to the numbers age we ALL live in, upon opening a new joint account with my wife (luv ya babe), and myself being the primary account holder, my credit was re-run through CHEXSYTEMS, Inc and at which time a domino effect kicks-in allowing Loss Prevention to consequently shut ALL my accounts down with no point of recourse. Not withstanding the fact that this issue was to be rectified by Washington Mutual Bank F.A. itself as previously noted in the documented proof I have from their rep indicating a correction of this false reporting to Chex.

Irrespective, ChexSystems, Inc has been provided with this information in all my correspondences with them (and my present May 4 2006 letter of my intention to sue) and following a convenient lack of respect in maintaining a 100% accuracy of a consumer's credit, I will be more than happy to pursue a legal claim (and forget chump change from Small Claims we're looking for an excess of $100K) in damages for:

(1) Defamation
(2) Willful Injury
(3) Negligent Enablement of Fraud
(4) Intractable emotional distress
(5) Violations of the Fair Credit Reporting Act

My patience has worn thin and this is no way for any business entity to operate full well realizing the impact they have on a consumer's financial well being. If the assumption is that I'm down and out, FORGET IT, as Chexsystems, Inc now has both my attorney's and my FULL attention and boy is he greedy!

Lessons to other swindled consumers, use your rights afforded to you such as the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, otherwise faulty corporations of this nature will do everything in their power to ensure you lose them in the future!