- Report: #201384
Complaint Review: US Bank - Meridian Idaho
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US Bank
Cherry Lane Meridian, 83642 Idaho, U.S.A.
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US Bank ripoff keeping overdraft fees from unauthorized withdrawal Meridian Idaho
To make a long story shorter, on June 15 Paypal took $1126.37 from my US Bank account without my authorization. I found it on June 18 (late on Sunday) and promptly called US Bank and Paypal. The bank told me I could go to my local branch the next day and fill out the paperwork, and Paypal emailed me paperwork to fill out and snail mail back.
On June 19 I visited the bank and was told that because I had called their 1-800 number, I could not fill out the papers there. I requested the proper forms and was told that the branch did not have them. I also questioned why the bank would allow an overdraft of some $1100 as the account only had about $12 in it. We only keep a small amount in that account in order to stop just such actions over the net. It appeared that it was set up to allow a $1500 overdraft. I immediately requested that that be changed to $200. Other people might want to check on this practice by US Bank.
On June 20 Paypal returned most of the money to my Paypal account. Seems they forgot that the exchange rate between euros and dollars might change in a few days, which it did. A second call to Paypal promptly got the remainder returned to me. Meanwhile, on June 23 I again visited the bank and talked to a teller about it, without mentioning that I had already reported it. She promptly pulled the forms and helped me fill them out.
After getting all the money, along with an explanatory email from Paypal, I again visited the bank to present my evidence and request the return of the $35 overdraft fee they had assessed. The teller did not have the authority to do that (it was evening) and said she would check with her supervisor the next day. On July 5 I got a call from the teller saying the bank would not return the overdraft fee - that I should get it from Paypal. I called Paypal who indicated that I should take the affidavit I had filed with them and go to the bank again and request the fee return. I immediately did that and spoke to a Mr. Birk at the bank who explained that the bank was a for profit business. And would not return the fee. I felt dismay that the bank would insist on making money from a crime that I had suffered from and said so. Mr. Birk repeated his statement. It seems that the bank had taken a risk in advancing the money and deserved to keep the $35.
As I had covered the overdraft immediately upon finding it on June 18 from other accounts at the same bank, I did not see much risk there. I can't see the bank allowing me to withdraw some $2000 from other accounts and close them with an $1100 overdraft on one of them.
As I had received a letter from the bank saying there was no error (no, there wasn't - there was fraud from a 3rd person whom I had identified) I then asked Mr. Birk to help me in filling out the form the bank had sent me. The form stated to check only one check box and no other information would be included. As no check box fit my situation I was at a loss. He finally decided that I had authorized a withdrawal of $0.00 and filled it out that way.
At that time I expressed my displeasure with the bank, including their refusal to help me earlier, reminding him that someone had refused to help some two weeks prior. He checked his calendar and surprise, surprise, it was him! He then said that if the report did not produce the requested $35, he would personally see to it that it was returned. In 10 days. As the required 10 days was already long past, mostly due to his efforts at delay, I found that quite amusing but left the bank without saying so.
As I write this report, I find an unauthorized "deposit" of $1126.37 in the account. The same amount taken by Paypal. Without knowing, I would guess that the bank has "returned" the already returned money from Paypal. As I have repeatedly shown the bank the returns and email from Paypal indicating the money is already returned some time ago I have to wonder if this is merely another delaying tactic to keep the overdraft fee?
At this point, I have written the President and CEO of US Bank for help, while copying the bank customer service. In my opinion, the actions of US Bank are highly unethical, and although I realize that this is only an opinion, I would expect the majority of people to agree. For the bank to profit by "loaning" me $1100 because someone else asked them to and then charging me a fee for doing it does not seem right. I doubt that we have ever made a withdrawal of even half that amount from that account, and the fact that there was only $12 in it should have raised a flag, even to a computer.
Dan
Meridian, Idaho
U.S.A.
On June 19 I visited the bank and was told that because I had called their 1-800 number, I could not fill out the papers there. I requested the proper forms and was told that the branch did not have them. I also questioned why the bank would allow an overdraft of some $1100 as the account only had about $12 in it. We only keep a small amount in that account in order to stop just such actions over the net. It appeared that it was set up to allow a $1500 overdraft. I immediately requested that that be changed to $200. Other people might want to check on this practice by US Bank.
On June 20 Paypal returned most of the money to my Paypal account. Seems they forgot that the exchange rate between euros and dollars might change in a few days, which it did. A second call to Paypal promptly got the remainder returned to me. Meanwhile, on June 23 I again visited the bank and talked to a teller about it, without mentioning that I had already reported it. She promptly pulled the forms and helped me fill them out.
After getting all the money, along with an explanatory email from Paypal, I again visited the bank to present my evidence and request the return of the $35 overdraft fee they had assessed. The teller did not have the authority to do that (it was evening) and said she would check with her supervisor the next day. On July 5 I got a call from the teller saying the bank would not return the overdraft fee - that I should get it from Paypal. I called Paypal who indicated that I should take the affidavit I had filed with them and go to the bank again and request the fee return. I immediately did that and spoke to a Mr. Birk at the bank who explained that the bank was a for profit business. And would not return the fee. I felt dismay that the bank would insist on making money from a crime that I had suffered from and said so. Mr. Birk repeated his statement. It seems that the bank had taken a risk in advancing the money and deserved to keep the $35.
As I had covered the overdraft immediately upon finding it on June 18 from other accounts at the same bank, I did not see much risk there. I can't see the bank allowing me to withdraw some $2000 from other accounts and close them with an $1100 overdraft on one of them.
As I had received a letter from the bank saying there was no error (no, there wasn't - there was fraud from a 3rd person whom I had identified) I then asked Mr. Birk to help me in filling out the form the bank had sent me. The form stated to check only one check box and no other information would be included. As no check box fit my situation I was at a loss. He finally decided that I had authorized a withdrawal of $0.00 and filled it out that way.
At that time I expressed my displeasure with the bank, including their refusal to help me earlier, reminding him that someone had refused to help some two weeks prior. He checked his calendar and surprise, surprise, it was him! He then said that if the report did not produce the requested $35, he would personally see to it that it was returned. In 10 days. As the required 10 days was already long past, mostly due to his efforts at delay, I found that quite amusing but left the bank without saying so.
As I write this report, I find an unauthorized "deposit" of $1126.37 in the account. The same amount taken by Paypal. Without knowing, I would guess that the bank has "returned" the already returned money from Paypal. As I have repeatedly shown the bank the returns and email from Paypal indicating the money is already returned some time ago I have to wonder if this is merely another delaying tactic to keep the overdraft fee?
At this point, I have written the President and CEO of US Bank for help, while copying the bank customer service. In my opinion, the actions of US Bank are highly unethical, and although I realize that this is only an opinion, I would expect the majority of people to agree. For the bank to profit by "loaning" me $1100 because someone else asked them to and then charging me a fee for doing it does not seem right. I doubt that we have ever made a withdrawal of even half that amount from that account, and the fact that there was only $12 in it should have raised a flag, even to a computer.
Dan
Meridian, Idaho
U.S.A.
3 Updates & Rebuttals
Dan
Meridian,Idaho,
U.S.A.
The bank responds to my email
#2Author of original report
Wed, July 19, 2006
A quick update. The bank has now sent me two emails. One simply says my report is being forwarded to management. The other, a day later says it is being forwarded to "Executive Communications Department" for further review. Someone maybe is paying attention, but no action yet. To Robert - I'm not real sure if US Bank owes me the overdraft fee legally or not. But, in my opinion, they surely do ethically. In any case, it is not really not about the $35 any more. It's about the extremely poor customer relations, the lies and delaying tactics, and an ethical stance I don't much like. What if I hadn't gotten the money back from Paypal? Most people would have a hard time covering that much money for a month, and that's what it took for the bank to have any action at all. To Stile - your comment is interesting. Up till very recently, the only response I have had from the bank is "There was no error" and a form to fill out. Three of them now, in fact, all identical. In other words, CYA for the fees they charge. I hadn't understood why they would tell me that as I never indicated there was an error, just fraud which I identified. It makes a little more sense now as there was no error by any one involved. Still, you're right in that it is a Reg. E matter in that the lack of help definitely violates that, as does the time involved.
Stile
Phoenix,Arizona,
U.S.A.
This is a Reg E dispute
#3Consumer Suggestion
Mon, July 17, 2006
Contact the bank and advise them that you have reported the unauthorized transaction and completed a report in accordance with Federal Regulation E. The FTC staff opinion of Reg E 205.11 C states that "If the financial institution determines an error occurred, within either the 10-day or 45-day period, it must correct the error (subject to the liability provisions of 205.6 (a) and (b)) including, where applicable, the crediting of interest and the refunding of any fees imposed by the institution." Advise the bank that according to Reg E, the bank may be liable for $1000 statutory damage, plus actual damages, plus attorneys fees if they fail to abide by the terms of Reg E. Let them know that you'd prefer to avoid litigation, and you would like your $35 returned since this was a clear case of fraud, and would certainly fall under Reg E. The bank is wrong here, and they owe you that OD fee.
Robert
Wallingford,Connecticut,
U.S.A.
Their actions sound more like incompetance.
#4Consumer Comment
Mon, July 17, 2006
I would guess that the deposit of 1126.37 is probably a provisional credit. Don't be surprised if it is debited once they figure out they screwed up again. Although the bank screwed up with the filing of the necessary paperwork, they still were not at fault for the overdrawing of the account. You will probably have to persue paypal for reinbursement of the fee since it is their fault the account was overdrawn. You may have to look through you paypal account terms and conditions to see if there are any provisions for that. You are moving your account to another bank, I would hope. Good luck.
