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  • Report:  #594469

Complaint Review: Wachovia Back - Philadelphia Pennsylvania

Reported By:
Sheila - philadelphia, Pennsylvania, USA
Submitted:
Updated:

Wachovia Back
Philadelphia, Pennsylvania, United States of America
Phone:
1-800-922-4684
Web:
www.wachovia. com
Categories:
Tell us has your experience with this business or person been good? What's this?

A collection agency called me regarding an account with a payday loan company that was defaulted. I made arrangements to pay back the loan at a rate of $100.00 per month, the last payment being $79.00 in the month of June. THe company, NRS, went in to my Wachovia account and took out $100.00 initially in March. ONe week later, the company went into may account again and took out $another $100.00. I called NRS and they agreed this would not happen again. In 2- weeks, the company went into my account again and took out the full balance of the loan which was $179.50. This with drawal sent my account into the overdraft. I called the bank, Wachovia and explained my situation. I was transferred to the Loss Management Department for review. The person informed me that she could not refund my money and I needed to call NRS to see what I could do.



THe person on the phone acknowledged taking the money and then got veyr belligerent saying well now your client is paid off. THe Wachovia person heard all this conversation and still refused to refund the money and then  started saying this is not an illegal transaction and that I made an agreement with this company. I tried to explain to the person that this is an unauthorized transaction and the person would not hear any of it. I feel that anyone taking money out of my account with out my consent is making an illegal transaction and that my bank holds the repsonsibility to ensure this does not happen. WHen situations arise where this does happen as in my case, I feel it is necessary for the bank to refund the money. SIMply put,. I did not authorize the transaction. THe customer service person tried to make me see if you go into an agreement with someone, it does not matter when the person takes the money out of the account and the bank supports this.



My problem with all this is I did not give this company my persmission to debit my account on the days that the company did so. I feel the bank is allowing the company to take advantage of me by not properly assessing and categorizing the situation. Further, the account is still in the overdraft and I have been receiving threatening calls from the bank telling me that they are going to report this information to the creditacard and bank companies and I will not be able to open an account with anyone or cash a check for 5- 7 years. Mind you, the account would not have been in the overdraft had the person bothered to properly handle the situation and refund my money. THe bank has a habit of allowing person to get away with illegal activity and then not properly responding to these situations.



In another incident right befor Christmas, a young lady who was visting in my home stole my credit cards. SHe was a child in the care of the state. I called the bank and was told where the transactions occurred and that I should be able to get film footage of the occurrences. I retrieved the film from one of the stores and it showed the young woman taking the money out of the account at the exact time the bank recorded. The bank failed to return me all my money and I received enormous overdraft fees that were also not refunded.



Wachovia is not fulfilling thier obligation to me as a consumer. Wachovia is the cause of my financial hardships and the reason I have to borrow money from payday loans to make ends meet. I pay almost $800.00 per month in overdraft more or less per month. THe bank seems to repopulate the deposit and withdrawals and it you have placed money in the account when you thought it was not overdrawn, if the bank finds that prior to your deposit that you would have had an overdraft, when they go back and reporulate, they will overdraft the account and then take out their fees prior to updating anything else, overdrafting the account even further.



1 Updates & Rebuttals

Robert

Irvine,
California,
U.S.A.
Your Problems..

#2Consumer Comment

Mon, April 19, 2010

You have a few problems but none of them seem directly related to Wachovia.  So here are some things you should do.

Your first issue is with the collection agency.  You didn't specify this or not, but it does not appear that you got the agreement in WRITING before you handed them over all of your account information.  Because if you had, you would have proof that they violated the Fair Debt Collection Practices Act(FDCPA) by taking out money before they agreed to.  As a result you would have been able to sue them for $1000 for the violations. 

808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

Not that you can't file suit against them.  But without any proof it becomes a they said/you said situation, and it would be up to the court to decide which side is more reasonable.  Also, this will not keep the bank from taking any action against you such as closing your account.  So while you are doing this you need to make sure you have that account in good standing.

Your second issue is with the theft.  You did not mention if you filed a police report and had her arrested/charged with the theft.  If you did not the bank could see it as you attempting fraud against them.  In that you could "claim" a theft, have the person take the money.  Then because of the theft the bank would return the money, but since you know the person you now get that money as well.  I am not saying that you did this.  Just that because of the people that do try this is the reason they won't even consider any claims unless you actually go through and file the police report.  Now,  if you filed a police report and have proof that it was not you and they still won't help you then you need to file a dispute with the bank.   You can either talk to the Office of the Comptroller of Currency, or a dispute under Regulation E. 

Your third issue is with the overdraft fees.  Around $800 in fees works out to be about 20 a month, which I would venture a guess that a majority of them come from debit card usage.  So, you need to take a step back and look at what you are doing.  First STOP using your debit card, especially for the small transactions.   Instead take out a set amount of money and use that instead.  This solves a couple of problems.  First it is impossible to spend more cash then you have in your wallet.  Ever try to pay for a $5 cup of coffee with $2 in your wallet?   The second thing it does is if you happen to overdraft you get one fee for the withdraw rather than the 3-4 OD fees from each transaction.  You also need to make sure you are not attempting to withdraw any money out until your deposit has posted.  So you need to go to the bank and make sure you understand their funds availability policy.

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