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  • Report:  #118828

Complaint Review: Bank Of America - Watertown Massachusetts

Reported By:
- Watertown, Massachusetts,
Submitted:
Updated:

Bank Of America
Bank Of America, 240 Main Watertown, 02472 Massachusetts, U.S.A.
Web:
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Categories:
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On November 12/2004, I paid my second mortgage via check from my Bank of America account. Originally, I had this account with Fleet, but BOA recently acquired Fleet, and my account became BOA.

On November 15, by mistake, I paid this same mortgage again over the phone. I had my budget strictly planned this month, and there was no room for another $370.00. When this second check came, my account was overwrawn by $240. I also had a number of small credit card payments and small checks scheduled to be paid. I did not worry, because I knew from my experience with Fleet that the largest payment made against unsufficient funds will be returned, I will incure $25 fee, but all my remaining small payments will be covered by the funds returned to my account.

To my astounishment, next two days I've seen all my small payments and checks have been rejected, and fees assessed on every payment mounted to almost $300.00, while the original large amount that caused the overdraft has not been declined.

I wrote to customer service, requesting to reverse these fees, and asking for explanation. BOA replied (I have a copy) that this is their policy based on "customer feedback" to pay overdrafts on "descending basis".

This looks like a poor pretext for assessing hundreds of dollars in fees to me: I have never had sufficient funds to cover my second mortgage payment, but I did have sufficient funds to cover all my small payments. The action BOA took seems totally illogical from the risk management standpoint and against any money management practices, but suits perfectly if the intend was to assess a maximum amount in fees: declining one payment would bring them $25, declining multiple small payments gave them 10 times more, and counting.

They also caused me monetary losses double that amount, because I will be charged on the lenders side, embarassment and inconveniences because of returned checks, and a huge emotional distress.

I am definitely looking for an attorney. The case seems very transparent to me, with all documentation available. I believe, if BOA did this to me, it could be their routine practice, and there are many customers suffering from it.

Elena

Watertown, Massachusetts
U.S.A.


8 Updates & Rebuttals

Angelina

Green Bay,
Wisconsin,
U.S.A.
Don't you think that if BofA chose to put thru the smaller checks first...

#2Consumer Comment

Tue, November 23, 2004

...then people would be complaining that the bank was letting their $10 lunch check go thru but letting their house payment bounce so they'd lose their home and the bank could capitalize on the foreclosure? I think that regardless of the way the bank processess transactions, people will complain. My point is this--you have the ultimate power to keep the bank from making ANY fees by keeping an eye on your account. You also agree to the terms regarding NSF fees when you open your account (and when a bank merges, they provide you with updated information), so you can choose not to deal with a company who processes transactions in an order you do not agree with.


Angelina

Green Bay,
Wisconsin,
U.S.A.
Don't you think that if BofA chose to put thru the smaller checks first...

#3Consumer Comment

Tue, November 23, 2004

...then people would be complaining that the bank was letting their $10 lunch check go thru but letting their house payment bounce so they'd lose their home and the bank could capitalize on the foreclosure? I think that regardless of the way the bank processess transactions, people will complain. My point is this--you have the ultimate power to keep the bank from making ANY fees by keeping an eye on your account. You also agree to the terms regarding NSF fees when you open your account (and when a bank merges, they provide you with updated information), so you can choose not to deal with a company who processes transactions in an order you do not agree with.


Angelina

Green Bay,
Wisconsin,
U.S.A.
Don't you think that if BofA chose to put thru the smaller checks first...

#4Consumer Comment

Tue, November 23, 2004

...then people would be complaining that the bank was letting their $10 lunch check go thru but letting their house payment bounce so they'd lose their home and the bank could capitalize on the foreclosure? I think that regardless of the way the bank processess transactions, people will complain. My point is this--you have the ultimate power to keep the bank from making ANY fees by keeping an eye on your account. You also agree to the terms regarding NSF fees when you open your account (and when a bank merges, they provide you with updated information), so you can choose not to deal with a company who processes transactions in an order you do not agree with.


Angelina

Green Bay,
Wisconsin,
U.S.A.
Don't you think that if BofA chose to put thru the smaller checks first...

#5Consumer Comment

Tue, November 23, 2004

...then people would be complaining that the bank was letting their $10 lunch check go thru but letting their house payment bounce so they'd lose their home and the bank could capitalize on the foreclosure? I think that regardless of the way the bank processess transactions, people will complain. My point is this--you have the ultimate power to keep the bank from making ANY fees by keeping an eye on your account. You also agree to the terms regarding NSF fees when you open your account (and when a bank merges, they provide you with updated information), so you can choose not to deal with a company who processes transactions in an order you do not agree with.


Bryan

Richmond,
Virginia,
U.S.A.
You do have other options.

#6Consumer Suggestion

Tue, November 23, 2004

I'm sorry to hear what happened to you Elena. Its never fun to pay lots of fees from a simple mistake. I'd really recommend that you set up Overdraft Protection with your bank. Typically, you just have to set up a Savings account or a Line of Credit with the bank and have them link it to your checking account. There's usually no fee to have it in place, though you may have to pay for the Savings or Credit line, depending on the bank. Also, the fee for using it it usually very reasonable. It can definately save you quite a bit of money and help you out in case you have an emergency. Unfortunately, most banks charge fees the same way and process debits from highest dollar ammount to lowest dollar ammount. Even if you end up going to another bank, I'd still recommend setting this up. I hope this helps!


Robin

Waldron,
Arkansas,
U.S.A.
Angelina, not everyone exists on your heavenly plane of perfection. Bank of America is a greed machine.

#7Consumer Comment

Mon, November 22, 2004

Ok, everyone should have money in their accounts when writing checks. That is a given. People such as yourself who never make mistakes are few and far between. Life is stressful these days and anyone can forget to enter a debit from time to time. The issue here is that when that happens, Bank of America milks it for all it is worth. Banks are allowed to CHOOSE the method in which they debit checks. There is nothing that makes B of A debit in the manner that they do except greed. B of A knows that by debiting largest check first, a cascade effect will follow and they will collect much more in fees than they would should they choose another method of debiting. B of A could choose to debit by numerical check order and disregard the amount, which might work for the customer at least once in awhile. Or they could even choose to debit from smallest amount to largest; many banks do that. Bank of America has CHOSEN to do business in a way that it knows will deal maximum injury to their customers and maximum benefits for itself. Bank of America is a greed machine. I am surprised they have a customer left in the whole United States. They should change their slogan to "Higher Fees and No Remorse"


Angelina

Green Bay,
Wisconsin,
U.S.A.
If you have the funds in your account, it doesn't matter what order things are posted in.

#8Consumer Comment

Mon, November 22, 2004

I keep seeing these rip off reports about banks charging NSF fees, but I don't understand them. For the record, I do not work for any bank. I am an office manager who makes a modest salary. I also have never bounced a check and have never even come close because I can do basic math and I keep detailed records of what I spend. Somehow I have the feeling that if the banks were letting $5 checks for coffee go thru but letting house and car payments bounce, people would be here whining that the banks were trying to make them lose their homes, cars, etc., but making the bigger checks bounce. Yes, the fees are high. Banks are in business to make money. If you can pay cash for a home, car, education, etc., then you may never have a need for a bank, but the banks must make money to stay in business, to provide loans, etc. Yes, it would suck to get hit with multiple fees for bouncing a few checks, but you were the one who made the mistake. In my opinion, you SHOULD pay for it. I personally believe anyone who bounces a check should be prosecuted for theft. I do not believe there is ever a valid excuse for it. Spend $5 on a small calculator and USE IT. Build up a small reserve in your checking account and STOP WRITING CHECKS when you get to that point. My point is this: My bank could charge $35 per NSF check or $35,000 and it would make no difference to me. It only takes a few minutes to record transactions in your checking register and double check the math. It will make your life much easier!


Cory

San Antonio,
Texas,
U.S.A.
Ain't Seen Nuthing Yet, new checking system with UP TO $170 MILLION MORE in NSF fees! ..All this, compliments of the corrupt lobbyists dealing with our corrupt politicians!

#9Consumer Comment

Fri, November 19, 2004

Posted about Century 21, the new checking system a short while ago. Read an article from Consumer Report(Union) that says the banks expect something like 7 million MORE NSF checks because of the new checking system with UP TO $170 MILLION MORE in NSF fees due to the new system. If you write a check TODAY to someone and they deposit it TODAY, it could hit your bank TODAY. Course the banks aren't going to lower any fees, just more profit for them. CR said that Congress/Senate allowed the new laws because of all the contributions for re-elections. Better watch those balances.

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