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  • Report:  #468235

Complaint Review: Wachovia Bank N.A. - New York New York

Reported By:
- New York, New York,
Submitted:
Updated:

Wachovia Bank N.A.
463 Broadway New York, 10012 New York, U.S.A.
Phone:
212-941-4440
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
From Badisse (google it)

Read and educate yourself on how clever Wachovia and other Banks are in causing you more overdraft fees. And how they are breaking the law.

When I use to get so many overdraft fees even when I would watch my account closely, I knew something was not right.

I finally found out that Wachovia bank and other banks had incorporated a "re-sequencing" scam of posted charges combined with a dalay in charge postings and a delay in account balance postings to increase overdraft fees.

The re-sequencing scam works like this. Say you have a $100 bank balance and charges come in order as Day#1 $5, $10, $10 and Day#2 $30, $65 (overdraft fee $65 = $35). If Wachovia paid them in this order, there would be one overdraft fee. However, Wachovia would re-sequence them by high to low and pay them in that order regardless what day or time they were charged. $65, $30, $10, $10 $5 (overdraft fees on $10, $10 and $5 = $105). Wahovia would intentionally not disclose a person's accurate account balance so you think you have more money in your account then you do, which would help the bank cause you to go into overdraft. Wachovia would then intentionally delay posting your charges to batch all the charges together on one day to increase the overdrafts. For example, taking the above example, if Wachovia paid the charges in order by DATE (Day#1 then Day#2) even if it re-sequenced them from high to low, you would only pay one single overdraft fee of $35. But by batching them together on a single day, the overdraft fee would be $105.

OVERDRAFT FEE $35:

Charges Day#1: $10 + $10 + $5 = $25 (account balance = $75)

Charges Day#2: $65 + $35 = -25 (You only pay one overdraft fee on the $35 overdraft)

OVERDRAFT FEE (by delayed charge postings) $105:

Charges Day#2: $65 + $35 + $10 $10 + $5 = $125 charges (3 overdraft fees = $105)

***Note: When Wachovia and other banks failed to pay your charges on day one and then on day two charged you a $35 overdraft fee for day one charges, they committed CONVERSION of your money because on day one there was money to pay the charges; but for Wachovia's intentionally delayed the postings to increase the overdraft fees.***

Very clever scam.

The average novice individual wouldn't understand how the bank was scamming them and the bank would say "it's your fault for not watching your balance". The consumer would feel guilty and agree. However, even if a person watched their balance, they would expect one overdraft fee. But the scam worked by creating multiple overdrafts on one overdraft error. Consumers didn't understand this and it was easy to throw them off and cheat them out of multiple overdraft fees on a single overdraft error.

Wachovia and other banks engaged in bad faith banking practices that are illegal. A federal judge in White v. Wachovia refused to dismiss the complaint against Wachovia on this bad faith banking practice. Wachovia settled the claim.

You can read a letter from the U.S. Congress demanding the Banks stop this practice. Also, read an FDIC report released in November 2008 uncovering this scam: Badisse.com

David

New York, New York

U.S.A.


43 Updates & Rebuttals

Tim

Grand Haven (formerly Valpraiso, IN),
Michigan,
U.S.A.
Change will come before long

#2Consumer Comment

Sat, August 08, 2009

Good points all around, and around and around again - are you guys locked in some kind of battle to see who can post the same sentiments the most times? The moral/ethical aspects of this issue need to be separated from the legal aspects. "Freedom of contract" is a bedrock principle of American capitalism. This means that we are basically free to engage in any agreements we want and, so long as contractual prerequisites are met (offer, acceptance, consideration, lack of illegality), the substance of those agreements is going to govern our business relationships. And there's nothing illegal about that. But don't assume that mutual assent to legal terms makes those terms moral or ethical. I completely concur with the sentiment that the big banks have set up a system that promotes error for the sake of collecting fees. And I completely agree with the sentiment that, on a moral level, this is wrong. I would even go so far as to say that this system is anti-capitalist and thus doomed to fail. Consumer soverignty is the essence of true competition, which is itself the lynchpin of capitalism. Unfortunately, most of America traded consumer sovereignty for convenience over the past few decades. This allowed for massive financial conglomeration, which inevitably led to even less consumer control. So now we have a system where the bank can clear a deposited check and actually possess the funds in one working day, and still deny the account-holder access to said funds for up to two weeks. And the poor consumer is out there unwittingly paying bills with checks that will be returned NSF three days after the bank knew that the deposit was kosher and two days after it could so much as smell the cash. And how does keeping a check register avoid this situation? The customer has no idea how long the bank is going to hold the deposit. Heck, the tellers don't know most of the time, and sometimes the branch manager has no clue. The only entity that has any real ability to control the account is some computer in the basement of corporate headquarters that is programmed for maximum profit, which primarily entails making arbitrary decisions and confusing humans. So the avalanche begins and, before long, the consumer is no longer working to support himself and his family. All of his income goes to the servicing of his finances, while he stands in a line outside the Salvation Army waiting to fill a laundry basket with donated Rice-A-Roni. Are the banks going to step up and make the necessary changes out of the goodness of their hearts? Not likely. Is the government going to demand any kind of meaningful reform? That's probably not too likely either. In the end we'll come back around to REAL capitalism, driven by the power of the consumer. OD fee avalanches will force the closure of massively overdrawn accounts. Displaced consumers will open accounts at more customer friendly, usually local owned banks, where fairness and honesty will be the name of the game. The big banks will inevitably crumble under the weight of their own avarice. I recommend getting your money out while you can. We can't afford to bail them out again, and the FDIC ain't gonna be able to cover the massive run on the banks. It's looming right around the corner. Start stuffing your mattresses. Best regards!


Ronny G

North Hollywood,
California,
U.S.A.
Okay,...

#3Consumer Comment

Sat, August 08, 2009

Everyone, don't overdraft and you won't get overdraft fees. Is that good? I don't need to be a Hemingway to articulate the obvious. Too bad the banks can't be as obvious as that. If they were perhaps so many would not be getting screwed, as you can notice the new rip off reports every day. But since there are some people out there I guess that are so perfect and such experts at the art of personal finance... they never get overdrafts...listen to them if you choose. I don't have much else to say as the disputes myself and others have with the bank are really not going to get solved by disputing members of this forum..However the entertainment value is taken into consideration, it's like I can't resist rebuttal, I am becoming a rebuttal junkie.


Heather

Westover,
West Virginia,
U.S.A.
Bank of America employee

#4Consumer Comment

Sat, August 08, 2009

When I worked at BOA I questioned this practice. It was explained to me that their thoughts are if you have a 1200 mortgage payment and then other small misc. purchases you would want them to cover the mortgage payment and reject the others. The user agreement states that when the accounts are updated deposits are entered first and debits, be it check or debit card, are deducted largest to smallest. Their thoughts are this is a courtesy to the customer and they don't have to do that b/c at the end of the day you spent for ex: 1585.00 and only had 1327.54 so you were spending money you didn't have.


Edgeman

Chico,
California,
U.S.A.
An alternative...

#5Consumer Comment

Sat, August 08, 2009

Ronny, You're obviously an articulate guy. Why not use your writing skills to help people understand how to manage their finances? It's more productive to stop overdrafts from happening in the first place than to pursue a lawsuit that ultimately will not change anything.


Ronny G

North Hollywood,
California,
U.S.A.
Vicious cycle

#6Consumer Comment

Sat, August 08, 2009

I don't even care about the insults and attacks on me anymore..it's actually amusing. But on others I do feel sorry for. So I won't respond anymore in a negative way or keep lowing myself to others level. I have no more to say so if anyone does not understand make a printout of this and my other ripoff reports. I think my case is clear..if others want to keep talking about registers and overdraft fee terms so be it. Thanks, Ronny


Jt

Indianapolis,
Indiana,
U.S.A.
Why so many...

#7Consumer Comment

Fri, August 07, 2009

Why are so many people so upset about these banks' practice of collecting overdraft fees? Yea I get it, they do it in a confusing way where transactions are withdrawn from largest to smallest, they hold deposits, blah blah blah.... Yet, at the same time you say that you don't want to hear it when people offer advice on how to not overdraw by properly managing your account with a register, reading and understanding the terms, not relying on online or atm statements for your balance. However, the best way to stick it to the banks and prevent them from collecting overdraft fees is to NOT OVERDRAFT!! Why not heed the advice and stop letting the banks collect overdraft fees from you??? That'll show em.


Cbpiz

Kissimmee,
Florida,
U.S.A.
I can't get on board with this

#8Consumer Comment

Fri, August 07, 2009

If a person has managed their account, this scenario would never happen. I am sorry but calling the banks dishonest because they are profitting from a person's stupidity isn't quite accurate. It is like you are trying to dictate the way you should be punished for your mistake. It simply doesn't work that way. No mistake, no problem. If people can't manage their accounts, they should keep their money in their mattresses.


Cbpiz

Kissimmee,
Florida,
U.S.A.
I can't get on board with this

#9Consumer Comment

Fri, August 07, 2009

If a person has managed their account, this scenario would never happen. I am sorry but calling the banks dishonest because they are profitting from a person's stupidity isn't quite accurate. It is like you are trying to dictate the way you should be punished for your mistake. It simply doesn't work that way. No mistake, no problem. If people can't manage their accounts, they should keep their money in their mattresses.


Cbpiz

Kissimmee,
Florida,
U.S.A.
I can't get on board with this

#10Consumer Comment

Fri, August 07, 2009

If a person has managed their account, this scenario would never happen. I am sorry but calling the banks dishonest because they are profitting from a person's stupidity isn't quite accurate. It is like you are trying to dictate the way you should be punished for your mistake. It simply doesn't work that way. No mistake, no problem. If people can't manage their accounts, they should keep their money in their mattresses.


Truth Detector

Intercourse,
Pennsylvania,
U.S.A.
Ronny, stop acting like a child...

#11Consumer Comment

Fri, August 07, 2009

I don't believe I have ever been witness to such a considerable pair of rabbit ears and basic failure to comprehend simple reason in my life. Are you REALLY so dim-witted that you cannot comprehend the simple premise of what you are being told here? YOU sign terms and conditions VOLUNTARILY when you CHOOSE to open an account. YOU fail to manage your account properly. YOU pay the price. Now, is that simple enough for you to comprehend, or should I draw you a picture in CRAYON? The fact that you opt to carpet-bomb overdraft threads doesn't make your message any more credible. GROW UP and accept the ADULT consequences for YOUR poor decisions, Ronny...


Ronny G

North Hollywood,
California,
U.S.A.
To ReactorCore Victoria, British Columbia CANADA CANADA

#12Consumer Comment

Fri, August 07, 2009

Yeah, I know that ^ annoys you so I did it again. You don't have to be so ashamed you are from Canada..perhaps that is not your fault, who knows? But you deserved it for getting so personal and calling me all kinds of names..like an little angry man compensating for "lack" of something..do you own a WACHOVIA? Why are you so upset with me because I speak my mind aBOOT what I feel is an injustice..I never called you names..well maybe a few minor jabs in this post..but only because you do deserve it. Or do you just enjoy being an arrogant Canuck, aye? It's aBOOT time you were put in your place you sicko. Aye??? I won't respond to everything you said because it is redundant and going over your head APPARENTLY..so I will pick and choose..you left quite a smorgasbord to select from... "Given the above, perhaps this is why you're REALLY in trouble with OD fees: You think that the terms and conditions that you agree and attest that you've read and understood when you apply your signature for your account on that piece of paper are too long and involved for you to 'bother' reading, let alone the 'big words', so you just skip over what you don't like or what's beyond what's possibly a 9th grade education and cherry pick what you want to hear and adhere to. That'd actually make a whole lot of sense, come to think of it." I am not in any trouble with overdraft fees. I am simply angry that the bank is targeting a select "group" and re-sequencing transactions to fleece them with all the fees possible..when the bank knows d**n well funds were available at the TIME of transaction. And this is the brunt of what the lawsuits are aBOOT...as well as the questionable practices that make it easier for overdrafts to occur..and the resulting cascade of fees. The courts will decide if the law is being broken..or needs to be changed..or if the banks will forever be allowed to continue this..but it my heart I know it is unfair..so I am compelled to do something aBOOT it and not just curse like a psychopath with tourettes syndrome and get personal with someone I am clueless aBOOT. But I wouldn't have to be stating this over and over if you understood the first 50 times..maybe it will sink in now??? Aye???? "You have the balls to try to tear others down for not immediately siding with you and going into robotic agreement with you about the big, bad banks, but look at how you respond... In my case, you filed a first rebut, coming out swinging with the virtual version of spittle flying from the lips of your blood-engorged face and splattering on the screen, while firing off spurious attacks, THEN you make a SECOND rebut that's far more reasonable (in comparison) and measured... at least for you. Again, it makes me wonder about the state of your mental health. In the end, I have no respect for you or your 'problem' anymore, because you are incapable of rational discussion, understanding simple concepts or being in control of your emotions." Okay, perhaps I am a little angry and passionate aBOOT what I have been through with this bank..and others have..But after reading this paragraph who do you honestly think seems like the one not in control of their emotions?..this paragraph is almost as irrational as the next one..which the next one is actually funny..you canucks are funny..so although I do not need to respond any further aBOOT the following comment you left for me...it speaks for itself for ALL to witness the level of what a low class person you are..but it is still funny nonetheless..and raving mad I must say for someone who is judging me as such..here goes... "In short, you're a huge raving, paranoid, irrational and bombastic d****e." Next... "Enjoy your career path as a professional victim, and when you manage to get another bank account (better yet, a credit union account where you think this 'won't happen') and you find the same thing happening due to your lack of comprehension, incompetence and ignorance in the field of personal finance, PLEASE come back and post another spittle-flecked diatribe about it so I can have a good dose of lulz." First off..I already opened an account with a credit union..and my Wachovia account will be closed in 2 weeks..I have some direct deposits coming in..then I clean out the account and goodbye "walk-ova-ya" until the hearings. The credit union is not perfect..but it is not a blatant rip-off like this bank. No fee checking, Instant reimbursment of ANY ATM transactions at ANY ATM, my direct deposit is available 24hrs sooner then "whack-offia", overdraft forgiveness one time PER month, no re-sequencing scams, and if I ever mess up for any reason and have a second overdraft..the fee is MUCH less then 35 dollars each. When you look over the terms and conditions of this credit union..you realize MORE THEN EVER what a RIP-OFF the "Whack-over-ya" bank is..as well as BofA and a couple others. So when you are done with your "dose of lulz"?? whatever that is (some Canadian word maybe?) perhaps you can respond like a rational reasonable adult...or a crazy madman calling me a crazy madman..but everyone who reads this report knows the truth..because it is self evident in your rebuts..you win the case for me..thanks bro.


Ronny G

North Hollywood,
California,
U.S.A.
It's not just about getting my money back

#13Consumer Comment

Fri, August 07, 2009

Of course I would like all my money back..wouldn't anyone? But I have gotten most of it back..and it's been so long I don't even miss it anymore. I was able to get most of my money back by persistently fighting with the bank until they realized I was right..a shame it takes so much time and effort to do that..it seems so obvious to me. Anyhow I appreciate your response which does sound genuine and you didn't belittle, insult, name call or get personal. Thank is a pleasant surprise around these here parts..and I respect your advice and opinions. The thing is myself and many others genuinely feel in our hearts that the bank is taking advantage of a targeted "group", using unfair and possibly unethical practices to rack up additional fees, and may be even breaking the law...that is to be seen. Now IF the law is protecting some or all of their predatory questionable tactics..then those need be changed. Or we can sit back and take it..accept being told we are irresponsible and need to be more careful with our register keeping. Banks can just do what they want..no sorry that is not going to fly..and if the banks win the suit..so be it be, but we won't sleep at night if we don't at least try..I feel very sorry for some of these people as I know what it is like to have almost nothing left..and you trust your bank and come to find out they care less about you then Hitler would have. So whoever is right or wrong will never be decided in a courtroom..because to me it is already obvious..but others need to be woken up, perhaps the call action suits will be a calling.


Ronny G

North Hollywood,
California,
U.S.A.
It's not just about getting my money back

#14Consumer Comment

Fri, August 07, 2009

Of course I would like all my money back..wouldn't anyone? But I have gotten most of it back..and it's been so long I don't even miss it anymore. I was able to get most of my money back by persistently fighting with the bank until they realized I was right..a shame it takes so much time and effort to do that..it seems so obvious to me. Anyhow I appreciate your response which does sound genuine and you didn't belittle, insult, name call or get personal. Thank is a pleasant surprise around these here parts..and I respect your advice and opinions. The thing is myself and many others genuinely feel in our hearts that the bank is taking advantage of a targeted "group", using unfair and possibly unethical practices to rack up additional fees, and may be even breaking the law...that is to be seen. Now IF the law is protecting some or all of their predatory questionable tactics..then those need be changed. Or we can sit back and take it..accept being told we are irresponsible and need to be more careful with our register keeping. Banks can just do what they want..no sorry that is not going to fly..and if the banks win the suit..so be it be, but we won't sleep at night if we don't at least try..I feel very sorry for some of these people as I know what it is like to have almost nothing left..and you trust your bank and come to find out they care less about you then Hitler would have. So whoever is right or wrong will never be decided in a courtroom..because to me it is already obvious..but others need to be woken up, perhaps the call action suits will be a calling.


Jim

Anaheim,
California,
U.S.A.
I Read About The ATM Issue You Had

#15Consumer Comment

Thu, August 06, 2009

and it sounds like the bank is trying to do you right. It's unfortunate in that case, but it isn't something they can settle immediately. Ronny, if you really wanted to get something more than what you'd get in a class action suit, then file a small claims suit. You'll get more and take the bank head on. Now you may not win (OK, you won't win) but that's your opportunity to get ALL your money back. Isn't that what you said you wanted??? Fairness is what you want. But fair to whom? That's what the agreement is all about. The ability to deal fairly with an agreement both parties signed. Before you say, "what if the agreement changes, then what?" It depends on the change; if the change involves an increase in the fee, it's legal. If it involves a first-born, your finger, and your house, then NO because it's illegal. It is that simple.


Ronny G

North Hollywood,
California,
U.S.A.
It don't matter what I get...

#16Consumer Comment

Thu, August 06, 2009

You have very valid points. But something needs to be done and without "sleazebag" lawyers..it would not be possible. Honestly for myself I don't care about getting any money back..I got a good percentage of it back regardless..but it was a long battle and really set me back..all for a lousy one overdraft caused by a shady merchant..it was a nightmare. I actually came onto this site to complain about an unrelated issue with Wachovia/Wells Fargo ATM. Their ATM did not dispense cash or give a receipt but 300 dollars was processed. I called Wachovia and they told me I had to wait 2-3 days. I was upset with this because of a mistake or malfunction on their end and no fault of mine own I was denied access to MY money. After 3 days I did get them to return the money because I am relentless...but they are threatening with an investigation...so fine let the bastards investigate..I just want my money. Imagine if because of a malfunction or error I kept the banks money for 3 days (guess like with an overdraft)....they would ream me up the buttocks with no lube..then re sequence previous transactions that were made when funds were available so I could pay OD fees on those to..then the NSF's would roll in..and there you have it..instant wiped out financially for weeks/months over an error.. When I came here to complain about the ATM incident..it killed me to read all these reports of what people are going through. Realistically I don't know how much if any money we will get back..and yes the lawyers will take a nice chunk..but if anything maybe the press coverage alone will get congress on the ball to change some laws to better protect Wachovia/Wells Fargo and BoA customers. We just want fairness.


ReactorCore

Victoria,
British Columbia,
Canada
You're funny, Ronny....

#17Consumer Comment

Thu, August 06, 2009

First, I happen to know where I live, so it's really not necessary to put it in the title of every response you make. Perhaps you're doing so in order to infer or imply some manner of EEEVIL over-the-border collusion or something, but if that's the case it's kind of backfiring on you, since itc's obvious that I know more about your banking system than YOU do. It makes you look unintelligent and even more like a kook. Next, every point I made was pertinent, right on target and had everything to do with the issue at hand. It's not my fault that you're so pedantic and dull that you're unable to absorb the information being given you. I know you don't expect a refund of your OD frees, which is why I left it completely out... Yet, you still felt compelled for whatever hairbrained reason to serve delicious "copypasta" (cut and paste) restating this in your (laughable) 'rebuttal', when it was absolutely unnecessary, again, since I never said anything about it in my rebuttal to you in the first place. Are you REALLY that unobservant and/or mentally challenged? Oh, wait... Given the above, perhaps this is why you're REALLY in trouble with OD fees: You think that the terms and conditions that you agree and attest that you've read and understood when you apply your signature for your account on that piece of paper are too long and involved for you to 'bother' reading, let alone the 'big words', so you just skip over what you don't like or what's beyond what's possibly a 9th grade education and cherry pick what you want to hear and adhere to. That'd actually make a whole lot of sense, come to think of it. You have the balls to try to tear others down for not immediately siding with you and going into robotic agreement with you about the big, bad banks, but look at how you respond... In my case, you filed a first rebut, coming out swinging with the virtual version of spittle flying from the lips of your blood-engorged face and splattering on the screen, while firing off spurious attacks, THEN you make a SECOND rebut that's far more reasonable (in comparison) and measured... at least for you. Again, it makes me wonder about the state of your mental health. In the end, I have no respect for you or your 'problem' anymore, because you are incapable of rational discussion, understanding simple concepts or being in control of your emotions. In short, you're a huge raving, paranoid, irrational and bombastic d****e. Enjoy your career path as a professional victim, and when you manage to get another bank account (better yet, a credit union account where you think this 'won't happen') and you find the same thing happening due to your lack of comprehension, incompetence and ignorance in the field of personal finance, PLEASE come back and post another spittle-flecked diatribe about it so I can have a good dose of lulz. There's a good lolcow... Mosey along now.


Jim

Anaheim,
California,
U.S.A.
You're NOT Going To Get What You Want

#18Consumer Comment

Wed, August 05, 2009

It doesn't matter what you write, what you blog, what you say, or anything of the sort. You WILL not get back anything from a bank in a lawsuit. It doesn't matter if the practice is immoral, unethical, or what you think it should be. Nobody cares what you think it should be - just as nobody cares what I think it should be. The determination of whether something is immoral or unethical doesn't enter into this argument either because all of this is covered in an agreement between you and the bank. See, that's all that matters in your case. Written contracts eliminate moral and ethical arguments because both parties enter into the agreement and therefore agree to all the T&C's. In this case, resequencing is clearly stated in the agreement you signed. That's all this is and why you won't get anything close to what you lost. And if you think that's bad, even if you were to get a settlement, it would hardly cover two overdrafts. You won't get hundreds. You won't get thousands. It doesn't matter how hard you fight. It doesn't matter your endurance. Your case is a dead bang loser and your attorney took the case because his fees will be guaranteed in a settlement - that's what he wants because if there is a precedent like there will be soon, your case will go nowhere. Your lawyer doesn't want this to go to trial because the firm will never recoup the cost in fees, even if they were to win the case. They want to settle. Banks aren't willing to settle anymore and will use the precedent they're going to win soon as a sledgehammer against anyone taking them on in a class action and that will be that for the lawyers. And for your case....... I don't normally defend banks, but I do if I had to make a choice between a bank and a lawyer. I would rather see the big bad bank win than the sleazebag class action lawyer anyday of the week.


Jim

Anaheim,
California,
U.S.A.
You're NOT Going To Get What You Want

#19Consumer Comment

Wed, August 05, 2009

It doesn't matter what you write, what you blog, what you say, or anything of the sort. You WILL not get back anything from a bank in a lawsuit. It doesn't matter if the practice is immoral, unethical, or what you think it should be. Nobody cares what you think it should be - just as nobody cares what I think it should be. The determination of whether something is immoral or unethical doesn't enter into this argument either because all of this is covered in an agreement between you and the bank. See, that's all that matters in your case. Written contracts eliminate moral and ethical arguments because both parties enter into the agreement and therefore agree to all the T&C's. In this case, resequencing is clearly stated in the agreement you signed. That's all this is and why you won't get anything close to what you lost. And if you think that's bad, even if you were to get a settlement, it would hardly cover two overdrafts. You won't get hundreds. You won't get thousands. It doesn't matter how hard you fight. It doesn't matter your endurance. Your case is a dead bang loser and your attorney took the case because his fees will be guaranteed in a settlement - that's what he wants because if there is a precedent like there will be soon, your case will go nowhere. Your lawyer doesn't want this to go to trial because the firm will never recoup the cost in fees, even if they were to win the case. They want to settle. Banks aren't willing to settle anymore and will use the precedent they're going to win soon as a sledgehammer against anyone taking them on in a class action and that will be that for the lawyers. And for your case....... I don't normally defend banks, but I do if I had to make a choice between a bank and a lawyer. I would rather see the big bad bank win than the sleazebag class action lawyer anyday of the week.


Jim

Anaheim,
California,
U.S.A.
You're NOT Going To Get What You Want

#20Consumer Comment

Wed, August 05, 2009

It doesn't matter what you write, what you blog, what you say, or anything of the sort. You WILL not get back anything from a bank in a lawsuit. It doesn't matter if the practice is immoral, unethical, or what you think it should be. Nobody cares what you think it should be - just as nobody cares what I think it should be. The determination of whether something is immoral or unethical doesn't enter into this argument either because all of this is covered in an agreement between you and the bank. See, that's all that matters in your case. Written contracts eliminate moral and ethical arguments because both parties enter into the agreement and therefore agree to all the T&C's. In this case, resequencing is clearly stated in the agreement you signed. That's all this is and why you won't get anything close to what you lost. And if you think that's bad, even if you were to get a settlement, it would hardly cover two overdrafts. You won't get hundreds. You won't get thousands. It doesn't matter how hard you fight. It doesn't matter your endurance. Your case is a dead bang loser and your attorney took the case because his fees will be guaranteed in a settlement - that's what he wants because if there is a precedent like there will be soon, your case will go nowhere. Your lawyer doesn't want this to go to trial because the firm will never recoup the cost in fees, even if they were to win the case. They want to settle. Banks aren't willing to settle anymore and will use the precedent they're going to win soon as a sledgehammer against anyone taking them on in a class action and that will be that for the lawyers. And for your case....... I don't normally defend banks, but I do if I had to make a choice between a bank and a lawyer. I would rather see the big bad bank win than the sleazebag class action lawyer anyday of the week.


Jim

Anaheim,
California,
U.S.A.
You're NOT Going To Get What You Want

#21Consumer Comment

Wed, August 05, 2009

It doesn't matter what you write, what you blog, what you say, or anything of the sort. You WILL not get back anything from a bank in a lawsuit. It doesn't matter if the practice is immoral, unethical, or what you think it should be. Nobody cares what you think it should be - just as nobody cares what I think it should be. The determination of whether something is immoral or unethical doesn't enter into this argument either because all of this is covered in an agreement between you and the bank. See, that's all that matters in your case. Written contracts eliminate moral and ethical arguments because both parties enter into the agreement and therefore agree to all the T&C's. In this case, resequencing is clearly stated in the agreement you signed. That's all this is and why you won't get anything close to what you lost. And if you think that's bad, even if you were to get a settlement, it would hardly cover two overdrafts. You won't get hundreds. You won't get thousands. It doesn't matter how hard you fight. It doesn't matter your endurance. Your case is a dead bang loser and your attorney took the case because his fees will be guaranteed in a settlement - that's what he wants because if there is a precedent like there will be soon, your case will go nowhere. Your lawyer doesn't want this to go to trial because the firm will never recoup the cost in fees, even if they were to win the case. They want to settle. Banks aren't willing to settle anymore and will use the precedent they're going to win soon as a sledgehammer against anyone taking them on in a class action and that will be that for the lawyers. And for your case....... I don't normally defend banks, but I do if I had to make a choice between a bank and a lawyer. I would rather see the big bad bank win than the sleazebag class action lawyer anyday of the week.


Ronny G

North Hollywood,
California,
U.S.A.
Rubuttel #2 for ReactorCore Victoria, British Columbia Canada Re: Paypal VISA debit card.

#22Consumer Comment

Tue, August 04, 2009

I am not going to read all the complaints regarding paypal because I have no issue with them. Now I will admit many of us are not very savvy when it comes to handling our finances..and I do NOT put ALL the blame on the banks. But where I have issue is that fact of how banks are taking TOTAL ADVANTAGE of these people..and obviously blatantly targeting them to fleece every last penny from their accounts..and then some. I actually had some issues with paypal..at first. Yes..they tend to hold your money..especially any deposits over $150.00. This is only done for a period of time to make sure the customer is not aN ebay scammer. Unfortunately like some of the banks, there are unethical people out there..paypal and ebay are aware of this and are doing theIR best to protect the buyer. Once you establish yourself as an honest an ETHICAL businessperson, after a period of time and receiving positive feedback, any money paid goes directly into your account and is available. What I like most about the paypal VISA debit card is as I spend..the funds are deducted immediately IN THE ORDER IN WHICH IT IS USED, and if there are no more funds in the account THE TRANSACTION will not complete. NO WAY TO OVERDRAFT. This is perfect for those of us that do not like to carry cash for whatever reason (it is our right to use a card rather then cash if we opt to), and those of us who sometimes lose track of our spending...or have been ripped off by certain fees the banks impose that by the time we were aware of them and did not even know they were legal since no other cards we have operate that way..are sucked into the avalanche of fees that the re-sequencing scam dumps upon us. And once again I will say this..because I am tired of rebuttals that miss the entire point of the issue at hand...which is not overdraft fees per say..if someone legitimately overdrafts whether inadvertently, out of necessity or by adding up their register improperly...we are willing to pay the fee as per our terms and conditions..we know this and we know how to avoid those fees... As I read through more and more of the complaints about the way these banks conduct business..I am kind of getting tired of the replies about how to prevent overdraft and NSF fees. GET THIS CLEAR!!!...NO ONE IS ASKING HOW TO PREVENT OD/NSF FEES!!!...and no one is asking the bank to dismiss legitimate OD/NSF fees. No one needs to be told to use a register..and no one needs to be told that the bank is not at fault because of the terms and conditions contract. (Not everything in a contract is always legal..regardless of who agrees to it) All we want (AND TRUST ME WE WILL GET IT) is the money that was ROBBED from us back due to the "re-sequencing" SCAM..We DO NOT want or expect a refund for ANY legitimate overdrafts or NSF fees, we want a refund from ANY and ALL fees that were charged as overdrafts when the funds were available at time of transaction..it's really is that simple, I think a child would understand...I can't explain it any simpler. But if you need more details just read through a few hundred of the reports filed against these banks like I have and it should clear things up.


Ronny G

North Hollywood,
California,
U.S.A.
Ashley Springfield, Missouri U.S.A.

#23Consumer Comment

Tue, August 04, 2009

Oh lord another defender of criminals here that COMPLETELY does not get it. CLUELESS!! "You really think a credit union will not charge you overdraft fees also? Why don't you go open an account and find out." #1) I never said I had a problem with overdraft fees PER SAY, as long as it is a legitimate fee and not a fee charged from a transaction made WHILE the funds were available..that IMO is criminal and telling me it was in the terms and agreements means NOTHING..that does not necessarily make it legal, ethical, or right..But again I REPEAT, I am not complaining about an overdraft fee..or an NSF fee..I am complaining about the amount of the fee(s)..and how they wrongly cascade these fees using the "re-sequencing" scam. #2) I suggest YOU do some research into Credit Unions and compare the amount of the overdraft FEEs compared to a Wachovia (because lets face REALITY here..overdrafts are going to happen..inadvertently, out of necessity, or by honest human error..otherwise why these policies??) And this is why I HAVE opened an account with a credit union. NO FEES at ANY ATM (they are instantly reimbursed), I will have access to cash from my direct deposit paycheck ALMOST A FULL DAY SOONER, no fees, no account minimum, overdraft forgiveness (one per month)...look GET REAL...ANYONE with half a brain who looks into a credit union will come to the same conclusion I have...that traditional banks are a rip off..however Wachovia and Bank of America appear to be the WORST offenders...don't take my word..read all the other complaints as well. NOW HERE IS THE ISSUE AT HAND>>>> YOU BANK EMPLOYEES AND DEFENDERS OF CRIMINAL ACTIVITY...GET IT THROUGH ALL YOUR THICK SKULLS WHAT THE CLASS ACTION LAWSUIT IS ABOUT... As I read through more and more of the complaints about the way these banks conduct business..I am kind of getting tired of the replies about how to prevent overdraft and NSF fees. GET THIS CLEAR!!!...NO ONE IS ASKING HOW TO PREVENT OD/NSF FEES!!!...and no one is asking the bank to dismiss legitimate OD/NSF fees. No one needs to be told to use a register..and no one needs to be told that the bank is not at fault because of the terms and conditions contract. (Not everything in a contract is always legal..regardless of who agrees to it) All we want (AND TRUST ME WE WILL GET IT) is the money that was ROBBED from us back due to the "re-sequencing" SCAM..We DO NOT want or expect a refund for ANY legitimate overdrafts or NSF fees, we want a refund from ANY and ALL fees that were charged as overdrafts when the funds WERE AVAILABLE at time of transaction..it's really is that simple, I think a child would understand...I can't explain it any simpler. But if you need more detail just read through a few hundred of the reports filed against these banks like I have and it should clear things up.


Ronny G

North Hollywood,
California,
U.S.A.
Ashley Springfield, Missouri U.S.A.

#24Consumer Comment

Tue, August 04, 2009

Oh lord another defender of criminals here that COMPLETELY does not get it. CLUELESS!! "You really think a credit union will not charge you overdraft fees also? Why don't you go open an account and find out." #1) I never said I had a problem with overdraft fees PER SAY, as long as it is a legitimate fee and not a fee charged from a transaction made WHILE the funds were available..that IMO is criminal and telling me it was in the terms and agreements means NOTHING..that does not necessarily make it legal, ethical, or right..But again I REPEAT, I am not complaining about an overdraft fee..or an NSF fee..I am complaining about the amount of the fee(s)..and how they wrongly cascade these fees using the "re-sequencing" scam. #2) I suggest YOU do some research into Credit Unions and compare the amount of the overdraft FEEs compared to a Wachovia (because lets face REALITY here..overdrafts are going to happen..inadvertently, out of necessity, or by honest human error..otherwise why these policies??) And this is why I HAVE opened an account with a credit union. NO FEES at ANY ATM (they are instantly reimbursed), I will have access to cash from my direct deposit paycheck ALMOST A FULL DAY SOONER, no fees, no account minimum, overdraft forgiveness (one per month)...look GET REAL...ANYONE with half a brain who looks into a credit union will come to the same conclusion I have...that traditional banks are a rip off..however Wachovia and Bank of America appear to be the WORST offenders...don't take my word..read all the other complaints as well. NOW HERE IS THE ISSUE AT HAND>>>> YOU BANK EMPLOYEES AND DEFENDERS OF CRIMINAL ACTIVITY...GET IT THROUGH ALL YOUR THICK SKULLS WHAT THE CLASS ACTION LAWSUIT IS ABOUT... As I read through more and more of the complaints about the way these banks conduct business..I am kind of getting tired of the replies about how to prevent overdraft and NSF fees. GET THIS CLEAR!!!...NO ONE IS ASKING HOW TO PREVENT OD/NSF FEES!!!...and no one is asking the bank to dismiss legitimate OD/NSF fees. No one needs to be told to use a register..and no one needs to be told that the bank is not at fault because of the terms and conditions contract. (Not everything in a contract is always legal..regardless of who agrees to it) All we want (AND TRUST ME WE WILL GET IT) is the money that was ROBBED from us back due to the "re-sequencing" SCAM..We DO NOT want or expect a refund for ANY legitimate overdrafts or NSF fees, we want a refund from ANY and ALL fees that were charged as overdrafts when the funds WERE AVAILABLE at time of transaction..it's really is that simple, I think a child would understand...I can't explain it any simpler. But if you need more detail just read through a few hundred of the reports filed against these banks like I have and it should clear things up.


Ronny G

North Hollywood,
California,
U.S.A.
Ashley Springfield, Missouri U.S.A.

#25Consumer Comment

Tue, August 04, 2009

Oh lord another defender of criminals here that COMPLETELY does not get it. CLUELESS!! "You really think a credit union will not charge you overdraft fees also? Why don't you go open an account and find out." #1) I never said I had a problem with overdraft fees PER SAY, as long as it is a legitimate fee and not a fee charged from a transaction made WHILE the funds were available..that IMO is criminal and telling me it was in the terms and agreements means NOTHING..that does not necessarily make it legal, ethical, or right..But again I REPEAT, I am not complaining about an overdraft fee..or an NSF fee..I am complaining about the amount of the fee(s)..and how they wrongly cascade these fees using the "re-sequencing" scam. #2) I suggest YOU do some research into Credit Unions and compare the amount of the overdraft FEEs compared to a Wachovia (because lets face REALITY here..overdrafts are going to happen..inadvertently, out of necessity, or by honest human error..otherwise why these policies??) And this is why I HAVE opened an account with a credit union. NO FEES at ANY ATM (they are instantly reimbursed), I will have access to cash from my direct deposit paycheck ALMOST A FULL DAY SOONER, no fees, no account minimum, overdraft forgiveness (one per month)...look GET REAL...ANYONE with half a brain who looks into a credit union will come to the same conclusion I have...that traditional banks are a rip off..however Wachovia and Bank of America appear to be the WORST offenders...don't take my word..read all the other complaints as well. NOW HERE IS THE ISSUE AT HAND>>>> YOU BANK EMPLOYEES AND DEFENDERS OF CRIMINAL ACTIVITY...GET IT THROUGH ALL YOUR THICK SKULLS WHAT THE CLASS ACTION LAWSUIT IS ABOUT... As I read through more and more of the complaints about the way these banks conduct business..I am kind of getting tired of the replies about how to prevent overdraft and NSF fees. GET THIS CLEAR!!!...NO ONE IS ASKING HOW TO PREVENT OD/NSF FEES!!!...and no one is asking the bank to dismiss legitimate OD/NSF fees. No one needs to be told to use a register..and no one needs to be told that the bank is not at fault because of the terms and conditions contract. (Not everything in a contract is always legal..regardless of who agrees to it) All we want (AND TRUST ME WE WILL GET IT) is the money that was ROBBED from us back due to the "re-sequencing" SCAM..We DO NOT want or expect a refund for ANY legitimate overdrafts or NSF fees, we want a refund from ANY and ALL fees that were charged as overdrafts when the funds WERE AVAILABLE at time of transaction..it's really is that simple, I think a child would understand...I can't explain it any simpler. But if you need more detail just read through a few hundred of the reports filed against these banks like I have and it should clear things up.


Ronny G

North Hollywood,
California,
U.S.A.
Ashley Springfield, Missouri U.S.A.

#26Consumer Comment

Tue, August 04, 2009

Oh lord another defender of criminals here that COMPLETELY does not get it. CLUELESS!! "You really think a credit union will not charge you overdraft fees also? Why don't you go open an account and find out." #1) I never said I had a problem with overdraft fees PER SAY, as long as it is a legitimate fee and not a fee charged from a transaction made WHILE the funds were available..that IMO is criminal and telling me it was in the terms and agreements means NOTHING..that does not necessarily make it legal, ethical, or right..But again I REPEAT, I am not complaining about an overdraft fee..or an NSF fee..I am complaining about the amount of the fee(s)..and how they wrongly cascade these fees using the "re-sequencing" scam. #2) I suggest YOU do some research into Credit Unions and compare the amount of the overdraft FEEs compared to a Wachovia (because lets face REALITY here..overdrafts are going to happen..inadvertently, out of necessity, or by honest human error..otherwise why these policies??) And this is why I HAVE opened an account with a credit union. NO FEES at ANY ATM (they are instantly reimbursed), I will have access to cash from my direct deposit paycheck ALMOST A FULL DAY SOONER, no fees, no account minimum, overdraft forgiveness (one per month)...look GET REAL...ANYONE with half a brain who looks into a credit union will come to the same conclusion I have...that traditional banks are a rip off..however Wachovia and Bank of America appear to be the WORST offenders...don't take my word..read all the other complaints as well. NOW HERE IS THE ISSUE AT HAND>>>> YOU BANK EMPLOYEES AND DEFENDERS OF CRIMINAL ACTIVITY...GET IT THROUGH ALL YOUR THICK SKULLS WHAT THE CLASS ACTION LAWSUIT IS ABOUT... As I read through more and more of the complaints about the way these banks conduct business..I am kind of getting tired of the replies about how to prevent overdraft and NSF fees. GET THIS CLEAR!!!...NO ONE IS ASKING HOW TO PREVENT OD/NSF FEES!!!...and no one is asking the bank to dismiss legitimate OD/NSF fees. No one needs to be told to use a register..and no one needs to be told that the bank is not at fault because of the terms and conditions contract. (Not everything in a contract is always legal..regardless of who agrees to it) All we want (AND TRUST ME WE WILL GET IT) is the money that was ROBBED from us back due to the "re-sequencing" SCAM..We DO NOT want or expect a refund for ANY legitimate overdrafts or NSF fees, we want a refund from ANY and ALL fees that were charged as overdrafts when the funds WERE AVAILABLE at time of transaction..it's really is that simple, I think a child would understand...I can't explain it any simpler. But if you need more detail just read through a few hundred of the reports filed against these banks like I have and it should clear things up.


Ronny G

North Hollywood,
California,
U.S.A.
Sorry, ReactorCore Victoria, British Columbia Canada YOU don't get it...

#27Consumer Comment

Tue, August 04, 2009

Wow I have NEVER seen anyone in my life so passionately defending a criminal other then OJ Simpsons lawyers....and completely miss my point..and are a little boring with facts that really have NOTHING to do with the issues at hand. Lets start over because if I go though and rebut everything you wrote I will put myself to sleep. Here is my issue... When I use my paypal VISA debit card it is processed before I even get home to check my online statement..and if I am out of funds..the transaction will not be completed..hence I am truly protected against OD and NSF fees. There is no reason the banks can not conduct business this way other then the fact that they fleece their victims out of BILLIONS of dollars this way..hence it is not in their best interests to cease this unethical practice...but it puts enormous financial hardship on the victims (and their answer is always to "use a register") As I read through more and more of the complaints about the way these banks conduct business..I am kind of getting tired of the replies about how prevent overdraft and NSF fees. GET THIS CLEAR!!!...NO ONE IS ASKING HOW TO PREVENT OD/NSF FEES!!!...and no one is asking the bank to dismiss legitimate OD/NSF fees. No one needs to be told to use a register..and no one needs to be told that the bank is not at fault because of the terms and conditions contract. (Not everything in a contract is always legal..regardless of who agrees to it) All we want (AND TRUST ME WE WILL GET IT) is the money that was ROBBED from us back due to the "re-sequencing" SCAM..We DO NOT want or expect a refund for ANY legitimate overdrafts or NSF fees, we want a refund from ANY and ALL fees that were charged as overdrafts when the funds were available at time of transaction..it's really is that simple, I think a child would understand...I can't explain it any simpler. But if you need more detail just read through a few hundred of the reports filed against these banks like I have and it should clear things up.


Ashley

Springfield,
Missouri,
U.S.A.
Aware

#28Consumer Comment

Tue, August 04, 2009

"" All well and good. But this has happened to me and others because we were unaware the the bank was charging a transaction fee ON TOP of the transaction fee that the ATM asks you to accept. Also some of us were not aware that the bank charges a fee to check balance on an ATM...why would they charge a fee for this??? Clever SCAM. "" I am aware of these fees, because I actually read the fee schedule the bank gave me. These fees are usually only assessed at foreign ATMs. if you don't want to be charged a fee for using an ATM, then use the ATM at your bank. "" As far as any advice about 'not using the card for this and that and carry cash'..all well and good. But bottom line is (at least in my humble opinion) is why even get a card if you have to fear using it..and take all these precautions? The best advice for the financially struggling or people that can't keep accurate registers to the PENNY (because one penny over with Wachovia can bankrupt you) Just close the d**n account and use a credit union. "" You really think a credit union will not charge you overdraft fees also? Why don't you go open an account and find out.


ReactorCore

Victoria,
British Columbia,
Canada
Ronny, you're not *quite* getting it....

#29Consumer Comment

Tue, August 04, 2009

First, let's get this straight; I have no love for banks in general. I've been through more than my fair share of them, but that's mostly due to the bad customer service aspect, NOT overdraft fees or fees in general. I am also far from a moron. Even further, it seems, than most who allow themselves to get into these predicaments because they fail to read and comprehend the fee schedules and plan accordingly. That said, there are some concepts you're overlooking here, and let me start with one of the most glaring: PAYPAL. You seem to be under the delusion that many people are regarding PayPal, and that is, that they think it's a bona fide financial institution. IT IS NOT. They are under NONE of the legal obligations nor set of standards any bank or other FDIC registered place of business is. They can do what they WISH, WHEN they wish when it comes to how they handle transactions and set whatever rules they want to about how to go about it. They are a BUSINESS first and foremost, and their game is to MAKE MONEY. It's in their best interests to process your transactions as fast as possible so they can get their mitts on that sweet, sweet cut of your cash. It's also why there are endless HORROR STORIES regarding PayPal's habit of seemingly arbitrary and mysterious "freeze" policies on any account they deem has "suspicious activity" and hold it ransom for ages while the client jumps through ridiculous hoops to free their funds up in conjunction with piss-poor customer service and a near inability to get hold of a real person at PayPal. I'm sure if you poke around ROR or just go to paypalsucks.com, you'll get the picture pretty damned fast about them. They're financial poison. Next, ATM fees... No one is double dipping your account. Get that straight. You're paying that extra fee for the cost of your bank having to process a transaction through an outside entity which requires manpower on their behalf to be able to secure the information from an entirely different vendor other than themselves. That manpower costs money for the procurement of the info, processing it and reconciling it with your account. Hell, I'm sure they'd be just as happy to NOT have to put that money into such a department and keep it for themselves, don't you think? In addition to the above, and what you failed to grasp last time around, is that you ARE informed that if you use an ATM that is not a "home" ATM (that is, one owned and operated by your bank), you WILL be charged an additional fee on top of whatever the other financial institution will charge you. Period. Did you know there are even privately owned and operated ATMs that are run by private individuals who pay for their upkeep and servicing? Some of them, at least in this neck of the woods, will charge you up to an additional $5 a pop to just use them, never mind checking YOUR account. It's up to YOU to think about how vital it is to know your balance RIGHT NOW... If you can wait til you get home to check online, which is free of charge. Great. If you actually plan ahead to pass by an ATM that is operated by your bank to find out (again, free of charge unless you want a printed statement for $1.50), even better... Nowadays, you can even set it up so that you can text "BAL" to your bank via cell phone, which will text back the balance of your account, and only your cell provider's fees regarding your text messaging will apply... So if your cell plan has X amount of incoming and outgoing text messages included, it usually costs you nothing. Given the above, it's easy to COMPLETZELY AVOID having to pay the additional fees associated with checking your balance at a "foreign" or "non-system" ATM more often than not. With all these technological advantages at my disposal, I haven't had to pay that second fee for YEARS. You openly admit that you do not/did not go over the details of the fees. However, you do not need a "microscope", as you put it, to discover the fees you are complaining about. These are one of the most *common* fees regarding ATM usage, have been in place for a long time and thus, there's no reason to make them underhanded, hidden or "buried" in any way. If, when you open your account and get your debit card, the teller doesn't actually explain, in words, the fee structure for ATM use at the time of issue (and I DO think that should be a requirement, IMHO), the terms are openly and plainly printed on the documentation you're issued with your client package. It's YOUR obligation to actually read them, especially since you signed that you have "read and understood" them when you sign for your card. That you don't bother to go over your terms completely is reminiscent of a kid who, when they see trouble approaching, covers his eyes and says; "You can't see me" and thinking he's safe.... Meaning, you seem to think that if you didn't read it, even when it was supplied to you in black and white, it does not or should not apply to you. World doesn't work that way. There is NO reason to "fear" using a debit card at all, if you employ it wisely. KNOW how fees work and when fees, service charges and holds take effect and for how long. I know, for example, that my bank will apply my $10.95 monthly account fee on the 5th of every month and I make sure that money is there unless the 5th falls on a stat holiday or a weekend, in which case it will be removed the next BANKING business day. Again, I prepare accordingly. I don't tempt myself with "overdraft protection" because that false sense of security can lead to domino effect overspending, putting you more and more in the hole as you try to play "catch up". I ensure that all monies that need to come out HAVE come out (since in some things pre-authorized debit is a necessary evil), and are cleared before I begin spending, and I also know to factor in "business days" so that I don't overspend on a weekend, especially a long one, only to have the queue processed on Monday morning at 9am with the "avalanche" you describe. I know that expenditures will NOT necessarily be processed in the order I made them (that's an IMPORTANT one!) so I make damned sure to leave a good amount of "leeway money" in my account on these occasions. The above is really quite easy, simple and can become second nature thought if you apply yourself to a strong sense of self restraint and, above all, FORETHOUGHT when it comes to when and how you spend your money. There's a saying; "A day late and a dollar short", and it seems tailor made for people who put funds into an account, expect instant gratification in the way of that money being deposited and spending it immediately before they've ensured that cash has landed SAFELY in the account. That's why you see so many people filing RORs regarding "I was overdrafted $0.28 and got XX fees! RIP OFF!", but they really have only themselves to blame. I'm far from anal... in fact, I tend to be pretty lax about a lot of things, so don't go thinking I have my whole life in alphabetical order and all my possessions set on my shelves in place/size, because I don't and they aren't, but I know the game, and my part in it is to make sure that I have all my ducks in a row to live as cheaply as possible and hang on to as much money as I can, and that INCLUDES keeping my cash out of the hands of the bank by incurring additional fees of any kind through my OWN oversights. You're only vulnerable if you MAKE yourself vulnerable, and not reading, understanding and applying ALL the information you're given or told regarding your fees and such, does exactly that... In short, the only one "zinging" you... is YOU.


ReactorCore

Victoria,
British Columbia,
Canada
Ronny, you're not *quite* getting it....

#30Consumer Comment

Tue, August 04, 2009

First, let's get this straight; I have no love for banks in general. I've been through more than my fair share of them, but that's mostly due to the bad customer service aspect, NOT overdraft fees or fees in general. I am also far from a moron. Even further, it seems, than most who allow themselves to get into these predicaments because they fail to read and comprehend the fee schedules and plan accordingly. That said, there are some concepts you're overlooking here, and let me start with one of the most glaring: PAYPAL. You seem to be under the delusion that many people are regarding PayPal, and that is, that they think it's a bona fide financial institution. IT IS NOT. They are under NONE of the legal obligations nor set of standards any bank or other FDIC registered place of business is. They can do what they WISH, WHEN they wish when it comes to how they handle transactions and set whatever rules they want to about how to go about it. They are a BUSINESS first and foremost, and their game is to MAKE MONEY. It's in their best interests to process your transactions as fast as possible so they can get their mitts on that sweet, sweet cut of your cash. It's also why there are endless HORROR STORIES regarding PayPal's habit of seemingly arbitrary and mysterious "freeze" policies on any account they deem has "suspicious activity" and hold it ransom for ages while the client jumps through ridiculous hoops to free their funds up in conjunction with piss-poor customer service and a near inability to get hold of a real person at PayPal. I'm sure if you poke around ROR or just go to paypalsucks.com, you'll get the picture pretty damned fast about them. They're financial poison. Next, ATM fees... No one is double dipping your account. Get that straight. You're paying that extra fee for the cost of your bank having to process a transaction through an outside entity which requires manpower on their behalf to be able to secure the information from an entirely different vendor other than themselves. That manpower costs money for the procurement of the info, processing it and reconciling it with your account. Hell, I'm sure they'd be just as happy to NOT have to put that money into such a department and keep it for themselves, don't you think? In addition to the above, and what you failed to grasp last time around, is that you ARE informed that if you use an ATM that is not a "home" ATM (that is, one owned and operated by your bank), you WILL be charged an additional fee on top of whatever the other financial institution will charge you. Period. Did you know there are even privately owned and operated ATMs that are run by private individuals who pay for their upkeep and servicing? Some of them, at least in this neck of the woods, will charge you up to an additional $5 a pop to just use them, never mind checking YOUR account. It's up to YOU to think about how vital it is to know your balance RIGHT NOW... If you can wait til you get home to check online, which is free of charge. Great. If you actually plan ahead to pass by an ATM that is operated by your bank to find out (again, free of charge unless you want a printed statement for $1.50), even better... Nowadays, you can even set it up so that you can text "BAL" to your bank via cell phone, which will text back the balance of your account, and only your cell provider's fees regarding your text messaging will apply... So if your cell plan has X amount of incoming and outgoing text messages included, it usually costs you nothing. Given the above, it's easy to COMPLETZELY AVOID having to pay the additional fees associated with checking your balance at a "foreign" or "non-system" ATM more often than not. With all these technological advantages at my disposal, I haven't had to pay that second fee for YEARS. You openly admit that you do not/did not go over the details of the fees. However, you do not need a "microscope", as you put it, to discover the fees you are complaining about. These are one of the most *common* fees regarding ATM usage, have been in place for a long time and thus, there's no reason to make them underhanded, hidden or "buried" in any way. If, when you open your account and get your debit card, the teller doesn't actually explain, in words, the fee structure for ATM use at the time of issue (and I DO think that should be a requirement, IMHO), the terms are openly and plainly printed on the documentation you're issued with your client package. It's YOUR obligation to actually read them, especially since you signed that you have "read and understood" them when you sign for your card. That you don't bother to go over your terms completely is reminiscent of a kid who, when they see trouble approaching, covers his eyes and says; "You can't see me" and thinking he's safe.... Meaning, you seem to think that if you didn't read it, even when it was supplied to you in black and white, it does not or should not apply to you. World doesn't work that way. There is NO reason to "fear" using a debit card at all, if you employ it wisely. KNOW how fees work and when fees, service charges and holds take effect and for how long. I know, for example, that my bank will apply my $10.95 monthly account fee on the 5th of every month and I make sure that money is there unless the 5th falls on a stat holiday or a weekend, in which case it will be removed the next BANKING business day. Again, I prepare accordingly. I don't tempt myself with "overdraft protection" because that false sense of security can lead to domino effect overspending, putting you more and more in the hole as you try to play "catch up". I ensure that all monies that need to come out HAVE come out (since in some things pre-authorized debit is a necessary evil), and are cleared before I begin spending, and I also know to factor in "business days" so that I don't overspend on a weekend, especially a long one, only to have the queue processed on Monday morning at 9am with the "avalanche" you describe. I know that expenditures will NOT necessarily be processed in the order I made them (that's an IMPORTANT one!) so I make damned sure to leave a good amount of "leeway money" in my account on these occasions. The above is really quite easy, simple and can become second nature thought if you apply yourself to a strong sense of self restraint and, above all, FORETHOUGHT when it comes to when and how you spend your money. There's a saying; "A day late and a dollar short", and it seems tailor made for people who put funds into an account, expect instant gratification in the way of that money being deposited and spending it immediately before they've ensured that cash has landed SAFELY in the account. That's why you see so many people filing RORs regarding "I was overdrafted $0.28 and got XX fees! RIP OFF!", but they really have only themselves to blame. I'm far from anal... in fact, I tend to be pretty lax about a lot of things, so don't go thinking I have my whole life in alphabetical order and all my possessions set on my shelves in place/size, because I don't and they aren't, but I know the game, and my part in it is to make sure that I have all my ducks in a row to live as cheaply as possible and hang on to as much money as I can, and that INCLUDES keeping my cash out of the hands of the bank by incurring additional fees of any kind through my OWN oversights. You're only vulnerable if you MAKE yourself vulnerable, and not reading, understanding and applying ALL the information you're given or told regarding your fees and such, does exactly that... In short, the only one "zinging" you... is YOU.


ReactorCore

Victoria,
British Columbia,
Canada
Ronny, you're not *quite* getting it....

#31Consumer Comment

Tue, August 04, 2009

First, let's get this straight; I have no love for banks in general. I've been through more than my fair share of them, but that's mostly due to the bad customer service aspect, NOT overdraft fees or fees in general. I am also far from a moron. Even further, it seems, than most who allow themselves to get into these predicaments because they fail to read and comprehend the fee schedules and plan accordingly. That said, there are some concepts you're overlooking here, and let me start with one of the most glaring: PAYPAL. You seem to be under the delusion that many people are regarding PayPal, and that is, that they think it's a bona fide financial institution. IT IS NOT. They are under NONE of the legal obligations nor set of standards any bank or other FDIC registered place of business is. They can do what they WISH, WHEN they wish when it comes to how they handle transactions and set whatever rules they want to about how to go about it. They are a BUSINESS first and foremost, and their game is to MAKE MONEY. It's in their best interests to process your transactions as fast as possible so they can get their mitts on that sweet, sweet cut of your cash. It's also why there are endless HORROR STORIES regarding PayPal's habit of seemingly arbitrary and mysterious "freeze" policies on any account they deem has "suspicious activity" and hold it ransom for ages while the client jumps through ridiculous hoops to free their funds up in conjunction with piss-poor customer service and a near inability to get hold of a real person at PayPal. I'm sure if you poke around ROR or just go to paypalsucks.com, you'll get the picture pretty damned fast about them. They're financial poison. Next, ATM fees... No one is double dipping your account. Get that straight. You're paying that extra fee for the cost of your bank having to process a transaction through an outside entity which requires manpower on their behalf to be able to secure the information from an entirely different vendor other than themselves. That manpower costs money for the procurement of the info, processing it and reconciling it with your account. Hell, I'm sure they'd be just as happy to NOT have to put that money into such a department and keep it for themselves, don't you think? In addition to the above, and what you failed to grasp last time around, is that you ARE informed that if you use an ATM that is not a "home" ATM (that is, one owned and operated by your bank), you WILL be charged an additional fee on top of whatever the other financial institution will charge you. Period. Did you know there are even privately owned and operated ATMs that are run by private individuals who pay for their upkeep and servicing? Some of them, at least in this neck of the woods, will charge you up to an additional $5 a pop to just use them, never mind checking YOUR account. It's up to YOU to think about how vital it is to know your balance RIGHT NOW... If you can wait til you get home to check online, which is free of charge. Great. If you actually plan ahead to pass by an ATM that is operated by your bank to find out (again, free of charge unless you want a printed statement for $1.50), even better... Nowadays, you can even set it up so that you can text "BAL" to your bank via cell phone, which will text back the balance of your account, and only your cell provider's fees regarding your text messaging will apply... So if your cell plan has X amount of incoming and outgoing text messages included, it usually costs you nothing. Given the above, it's easy to COMPLETZELY AVOID having to pay the additional fees associated with checking your balance at a "foreign" or "non-system" ATM more often than not. With all these technological advantages at my disposal, I haven't had to pay that second fee for YEARS. You openly admit that you do not/did not go over the details of the fees. However, you do not need a "microscope", as you put it, to discover the fees you are complaining about. These are one of the most *common* fees regarding ATM usage, have been in place for a long time and thus, there's no reason to make them underhanded, hidden or "buried" in any way. If, when you open your account and get your debit card, the teller doesn't actually explain, in words, the fee structure for ATM use at the time of issue (and I DO think that should be a requirement, IMHO), the terms are openly and plainly printed on the documentation you're issued with your client package. It's YOUR obligation to actually read them, especially since you signed that you have "read and understood" them when you sign for your card. That you don't bother to go over your terms completely is reminiscent of a kid who, when they see trouble approaching, covers his eyes and says; "You can't see me" and thinking he's safe.... Meaning, you seem to think that if you didn't read it, even when it was supplied to you in black and white, it does not or should not apply to you. World doesn't work that way. There is NO reason to "fear" using a debit card at all, if you employ it wisely. KNOW how fees work and when fees, service charges and holds take effect and for how long. I know, for example, that my bank will apply my $10.95 monthly account fee on the 5th of every month and I make sure that money is there unless the 5th falls on a stat holiday or a weekend, in which case it will be removed the next BANKING business day. Again, I prepare accordingly. I don't tempt myself with "overdraft protection" because that false sense of security can lead to domino effect overspending, putting you more and more in the hole as you try to play "catch up". I ensure that all monies that need to come out HAVE come out (since in some things pre-authorized debit is a necessary evil), and are cleared before I begin spending, and I also know to factor in "business days" so that I don't overspend on a weekend, especially a long one, only to have the queue processed on Monday morning at 9am with the "avalanche" you describe. I know that expenditures will NOT necessarily be processed in the order I made them (that's an IMPORTANT one!) so I make damned sure to leave a good amount of "leeway money" in my account on these occasions. The above is really quite easy, simple and can become second nature thought if you apply yourself to a strong sense of self restraint and, above all, FORETHOUGHT when it comes to when and how you spend your money. There's a saying; "A day late and a dollar short", and it seems tailor made for people who put funds into an account, expect instant gratification in the way of that money being deposited and spending it immediately before they've ensured that cash has landed SAFELY in the account. That's why you see so many people filing RORs regarding "I was overdrafted $0.28 and got XX fees! RIP OFF!", but they really have only themselves to blame. I'm far from anal... in fact, I tend to be pretty lax about a lot of things, so don't go thinking I have my whole life in alphabetical order and all my possessions set on my shelves in place/size, because I don't and they aren't, but I know the game, and my part in it is to make sure that I have all my ducks in a row to live as cheaply as possible and hang on to as much money as I can, and that INCLUDES keeping my cash out of the hands of the bank by incurring additional fees of any kind through my OWN oversights. You're only vulnerable if you MAKE yourself vulnerable, and not reading, understanding and applying ALL the information you're given or told regarding your fees and such, does exactly that... In short, the only one "zinging" you... is YOU.


ReactorCore

Victoria,
British Columbia,
Canada
Ronny, you're not *quite* getting it....

#32Consumer Comment

Tue, August 04, 2009

First, let's get this straight; I have no love for banks in general. I've been through more than my fair share of them, but that's mostly due to the bad customer service aspect, NOT overdraft fees or fees in general. I am also far from a moron. Even further, it seems, than most who allow themselves to get into these predicaments because they fail to read and comprehend the fee schedules and plan accordingly. That said, there are some concepts you're overlooking here, and let me start with one of the most glaring: PAYPAL. You seem to be under the delusion that many people are regarding PayPal, and that is, that they think it's a bona fide financial institution. IT IS NOT. They are under NONE of the legal obligations nor set of standards any bank or other FDIC registered place of business is. They can do what they WISH, WHEN they wish when it comes to how they handle transactions and set whatever rules they want to about how to go about it. They are a BUSINESS first and foremost, and their game is to MAKE MONEY. It's in their best interests to process your transactions as fast as possible so they can get their mitts on that sweet, sweet cut of your cash. It's also why there are endless HORROR STORIES regarding PayPal's habit of seemingly arbitrary and mysterious "freeze" policies on any account they deem has "suspicious activity" and hold it ransom for ages while the client jumps through ridiculous hoops to free their funds up in conjunction with piss-poor customer service and a near inability to get hold of a real person at PayPal. I'm sure if you poke around ROR or just go to paypalsucks.com, you'll get the picture pretty damned fast about them. They're financial poison. Next, ATM fees... No one is double dipping your account. Get that straight. You're paying that extra fee for the cost of your bank having to process a transaction through an outside entity which requires manpower on their behalf to be able to secure the information from an entirely different vendor other than themselves. That manpower costs money for the procurement of the info, processing it and reconciling it with your account. Hell, I'm sure they'd be just as happy to NOT have to put that money into such a department and keep it for themselves, don't you think? In addition to the above, and what you failed to grasp last time around, is that you ARE informed that if you use an ATM that is not a "home" ATM (that is, one owned and operated by your bank), you WILL be charged an additional fee on top of whatever the other financial institution will charge you. Period. Did you know there are even privately owned and operated ATMs that are run by private individuals who pay for their upkeep and servicing? Some of them, at least in this neck of the woods, will charge you up to an additional $5 a pop to just use them, never mind checking YOUR account. It's up to YOU to think about how vital it is to know your balance RIGHT NOW... If you can wait til you get home to check online, which is free of charge. Great. If you actually plan ahead to pass by an ATM that is operated by your bank to find out (again, free of charge unless you want a printed statement for $1.50), even better... Nowadays, you can even set it up so that you can text "BAL" to your bank via cell phone, which will text back the balance of your account, and only your cell provider's fees regarding your text messaging will apply... So if your cell plan has X amount of incoming and outgoing text messages included, it usually costs you nothing. Given the above, it's easy to COMPLETZELY AVOID having to pay the additional fees associated with checking your balance at a "foreign" or "non-system" ATM more often than not. With all these technological advantages at my disposal, I haven't had to pay that second fee for YEARS. You openly admit that you do not/did not go over the details of the fees. However, you do not need a "microscope", as you put it, to discover the fees you are complaining about. These are one of the most *common* fees regarding ATM usage, have been in place for a long time and thus, there's no reason to make them underhanded, hidden or "buried" in any way. If, when you open your account and get your debit card, the teller doesn't actually explain, in words, the fee structure for ATM use at the time of issue (and I DO think that should be a requirement, IMHO), the terms are openly and plainly printed on the documentation you're issued with your client package. It's YOUR obligation to actually read them, especially since you signed that you have "read and understood" them when you sign for your card. That you don't bother to go over your terms completely is reminiscent of a kid who, when they see trouble approaching, covers his eyes and says; "You can't see me" and thinking he's safe.... Meaning, you seem to think that if you didn't read it, even when it was supplied to you in black and white, it does not or should not apply to you. World doesn't work that way. There is NO reason to "fear" using a debit card at all, if you employ it wisely. KNOW how fees work and when fees, service charges and holds take effect and for how long. I know, for example, that my bank will apply my $10.95 monthly account fee on the 5th of every month and I make sure that money is there unless the 5th falls on a stat holiday or a weekend, in which case it will be removed the next BANKING business day. Again, I prepare accordingly. I don't tempt myself with "overdraft protection" because that false sense of security can lead to domino effect overspending, putting you more and more in the hole as you try to play "catch up". I ensure that all monies that need to come out HAVE come out (since in some things pre-authorized debit is a necessary evil), and are cleared before I begin spending, and I also know to factor in "business days" so that I don't overspend on a weekend, especially a long one, only to have the queue processed on Monday morning at 9am with the "avalanche" you describe. I know that expenditures will NOT necessarily be processed in the order I made them (that's an IMPORTANT one!) so I make damned sure to leave a good amount of "leeway money" in my account on these occasions. The above is really quite easy, simple and can become second nature thought if you apply yourself to a strong sense of self restraint and, above all, FORETHOUGHT when it comes to when and how you spend your money. There's a saying; "A day late and a dollar short", and it seems tailor made for people who put funds into an account, expect instant gratification in the way of that money being deposited and spending it immediately before they've ensured that cash has landed SAFELY in the account. That's why you see so many people filing RORs regarding "I was overdrafted $0.28 and got XX fees! RIP OFF!", but they really have only themselves to blame. I'm far from anal... in fact, I tend to be pretty lax about a lot of things, so don't go thinking I have my whole life in alphabetical order and all my possessions set on my shelves in place/size, because I don't and they aren't, but I know the game, and my part in it is to make sure that I have all my ducks in a row to live as cheaply as possible and hang on to as much money as I can, and that INCLUDES keeping my cash out of the hands of the bank by incurring additional fees of any kind through my OWN oversights. You're only vulnerable if you MAKE yourself vulnerable, and not reading, understanding and applying ALL the information you're given or told regarding your fees and such, does exactly that... In short, the only one "zinging" you... is YOU.


Ronny G

North Hollywood,
California,
U.S.A.
One more thing to Robert of Buffalo of New York

#33Consumer Comment

Tue, August 04, 2009

I see you posting that list all over these reports. I know you mean well by doing so..and the advice is great....but every time I see you post that..I will rebuttal with the following... As I read through more and more of the complaints about the way this bank conducts business..I am kind of getting tired of the replies about how prevent overdraft and NSF fees. GET THIS CLEAR!!!...NO ONE IS ASKING HOW TO PREVENT OD/NSF FEES!!!...and no one is asking the bank to dismiss legitimate OD/NSF fees. No one needs to be told to use a register..and no one needs to be told that the bank is not at fault because of the terms and conditions contract. (Not everything in a contract is always legal..regardless of who agrees to it) All we want (AND TRUST ME WE WILL GET IT) is the money that was ROBBED from us back due to the "re-sequencing" SCAM..We DO NOT want or expect a refund for any legitimate overdrafts or NSF fees, we want a refund from ANY and ALL fees that were charged as overdrafts when the funds were available at time of transaction..it's really is that simple, I think a child would understand...I can't explain it any simpler. But if you need more detail just read through a few hundred of the reports filed against this bank like I have and it should clear things up.


Ronny G

North Hollywood,
California,
U.S.A.
I understand but still....it IS a blatant ripoff

#34Consumer Comment

Tue, August 04, 2009

I understand the way to avoid overdraft fees is to not overdraft. But the times it has happened to me I was not aware of certain fees..granted I did not go through the terms with a microscope..but NO OTHER cards that I use EVER re-sequence the transactions for the SOLE purpose of multiplying the fees, nor does ANY other card I use "hold" the transaction in the hopes that someone overlooks or does not keep perfect track on their register..or may have to overdraft out of necessity (these are trying times you are aware) and then is zinged with many transaction fees that occurred sometimes MANY days before the actual overdraft occurred. "Using an account register and reconciling that register with a monthly account statement from the bank will prevent any account holder from causing any NSF/OD fees." All well and good. But this has happened to me and others because we were unaware the the bank was charging a transaction fee ON TOP of the transaction fee that the ATM asks you to accept. Also some of us were not aware that the bank charges a fee to check balance on an ATM...why would they charge a fee for this??? Clever SCAM. It would make sense that a victim (I mean customer) is a little desperate for cash and probably running low if they are using a non wachovia ATM and accepting the fee (not too mention the double fee some are unaware of) but also requesting to check the balance. They figure if someone needs to check their balance at the ATM they most likely do not keep a register..or perhaps are running close to over drafting and need to make sure. Which to add insult to injury most of the time the balance as POSTED is not your true balance..whether checked via the ATM, phone or online..regardless..it is an UNDENIABLE clever ploy..I never said the banks were dumb..I just say they are crocked scamming thieving evil corporate whores taking advantage of working struggling people when they are MOST vulnerable. I also know when I use for example my Paypal debit card at 7/11 to buy a few items and some cash...by the time i get home that transaction has been posted on my statement.and the funds are unavailable if I go over. So why does Wachovia have to "hold" it and not even put it on the statement for DAYS later....obviously in hopes that someone messes up and overdrafts...and WHAM the old "avalanche of fees" come bearing down. There is really no reason actually to go through your post line by line..it all makes sense and is very good advice. But it does not take away from the fact that people are getting fleeced every day..and these people are generally living paycheck to paycheck as it is...these crazy fees which also tend to "s****.. As far as any advice about "not using the card for this and that and carry cash"..all well and good. But bottom line is (at least in my humble opinion) is why even get a card if you have to fear using it..and take all these precautions? The best advice for the financially struggling or people that can't keep accurate registers to the PENNY (because one penny over with Wachovia can bankrupt you) Just close the d**n account and use a credit union. Bear in mind I understand full well the measures that need to be taken to avoid the overdrafts and NSF fees..and how to keep an accurate register..and all the other "hidden" fees...(well yes I consider them hidden even though they are in the terms because many people do not read all of it..or they are not aware that such fees even can legally exist because no other debit cards they have do this), my biggest issue is the BLATANT way this and other banks are targeting the most vulnerable of us..and mercilessly zinging us. And gearing the system to cause overdrafting..as it could all be avoidable if the banks really cared..but they do not,,they make too many BILLIONS off our blood and sweat.


Robert

Buffalo,
New York,
U.S.A.
Not defending banks.

#35Consumer Suggestion

Sun, August 02, 2009

""but I am noticing some morons coming to the defense of this bank policies regarding the overdraft fees."" I don't defend the banks; I try to educate folks. The reality is that the overwhelming majority of consumer bank clients DO NOT OVERDRAFT their accounts. Some folks might have ONE instance of causing the OD and then NO MORE. In other words, folks learn what the rules of the accounts are; the make a point of learning what ALL THE POSSIBLE FEES are and HOW THEY ARE APPLIED. Ways to avoid these NSF/OD fees: Using an account register and reconciling that register with a monthly account statement from the bank will prevent any account holder from causing any NSF/OD fees. The majority (if not all) of the reports I've read about NSF/OD fees have common behaviors of the account holders: -using atm cards for everyday purchases. -using more than ONE card attached to the account (husband and wife) -using atm cards for online purchases. -using atm cards for 'auto-bill pay' (autodebits) **relying upon telephone or online account balances to determine what money is available for that shopping trip to Walmart. **NOT using an account register. **NOT verifying deposits have cleared. 1. Use an account register and reconcile the account register with a monthly written statement generated by the bank. If the bank is not mailing statements, contact customer service to have monthly statements MAILED to you. 1a. Be aware of ATM fees, such as the 'non-bank ATM fee' that most banks charge when you use an ATM that is not owned by your bank to make a withdrawal and post that fee in your account register immediately. 1b. Also be aware of any monthly 'account service fee' charged by your bank and post that to your register on the appropriate date. 2. Do NOT GIVE bank account information (or ATM card info) to any merchant, service provider, utility, online service to pay for services and goods. Use a REAL credit card for this purpose (either secured cc or unsecured cc.) Do not setup any automatic deposit to an account that is attached to said cc-NO auto payments to CC company-mail a check each month. If the entity demanding payment makes a mistake, you're gonna have a host of problems and risk OD/NSF fees. 3. Do NOT use an ATM card for everyday expenses-USE CASH. Establish a monthly budget and withdrawal a weekly 'allowance' for every day expenses such as 'milk and bread' from the corner store, Burger King, etc. This will reduce the amount of transactions on the bank account which in turn makes RECONCILING the account and detecting ERRORS easier to accomplish. Again, if the entity demanding payment makes a mistake, you're gonna risk NSF/OD fees. 4. Do not shop with the ATM card-use a real credit card. A real credit card offers protections that you don't have with an ATM card. If the merchant/service makes a mistake, you can dispute it with the CC company WITHOUT getting any OD/NSF. Not true if you use an ATM card-if the merchant makes a mistake, your money is gone until you can convince your bank to give it back, as well as OD/NSF fees. 5. ONLY ONE ATM CARD to one account. Do NOT have 2 or more atm cards for one bank account. Having 'his and hers' ATM cards attached to the same account is the same as in the old days when some folks would have 2 checkbooks for writing checks. It was an invitation to disaster then, and it is today. 6. Verify that deposits to the account have actually cleared. Deposits can take anywhere between 1 and 5 BUSINESS days to clear depending on the type and/or source of the deposit. Deposits over $5000 can take even LONGER before they are posted to the account. The Federal Reserve publishes a Consumer Compliance Handbook which gives detailed information about what banks can and cannot do with deposits, holds, and funds availability. You can download this handbook at http://www.federalreserve.gov/boarddocs/supmanual/cch/200711/cch200711.pdf Follow ALL of these suggestions and you will NEVER pay an OD/NSF fee again unless it is a LEGITIMATE bank error or caused by a merchant. If it is caused by a bank error the bank will rectify the situation and credit any fees generated as well as contact payees and cover any fees the payees assess to you. If the fee is caused by a merchant error, you will need to hold the merchant accountable for the fees, although in many cases the bank may reverse the fees as a courtesy if the merchant confirms that the merchant made an error. This is a tried and true method to avoid these fees. It works EVERY TIME it's tried.


Ronny G

North Hollywood,
California,
U.S.A.
To those who are blaming customers for NSF charges..it's the BANKS fault!!!!

#36Consumer Comment

Sun, August 02, 2009

I have another complaint lodged here against this horrible bank that is unrelated to this topic..but I am noticing some morons coming to the defense of this bank policies regarding the overdraft fees. Now anyone with common sense realizes the bankhas set everything up to best cause a struggling person to overdraft..and as many overdraft as possible. I had this happen to me and didn't know why..I was keeping track to the penny. Well I recently found out that the times i was using my bank card at a "non Wachovia" ATM..not only was i paying the fee the machine asks you to agree to..but the bastards were charging me an ADDITIONAL 2 dollar fee on top of this. It caused an overdraft which i was unaware of..and their policy with organizing the amounts the way they do..basically because of one charge..all the little things I used the card for that week...a soda..a water..gas etc..all had 35 dollar fees additional added to it. Now i may not be a financial wizard..but does anyone in their right mind buy a soda or water knowing they are going to be charged an additional 35 dollars??? How are they getting away with this? What can be done? How can they be so vicious to the customers of theirs that are most struggling to make ends meet in these tough economic times? It's like they are kicking us when we are down. If there is any way to advance a class action suit count me in..I kept all the records. But now i am in a battle because an ATM machine (Wells Fargo/Wachovia) did not dispense my money and stated "this transaction could not be completed"..but the withdrawal is still being "processed" according to my Wachovia online statement and i do not have access to MY money for "2 or 3 days" according to who I spoke to at Wachovia. So they mess up and get to hold MY money? So if i accidently mess up and was holding their money (such as with an accidental overdraft) they seem to like to charge all kinds of fees for that..right????


Jim

Anaheim,
California,
U.S.A.
Not Really Edward

#37Consumer Comment

Sat, July 11, 2009

Part of the account agreement also indicates you agree to any changes in the Terms and Conditions - so even if the account were opened umpteen years ago, changing the T&C's would not make the situation illegal. There was a really awful piece on Nightline regarding this entire practice the other night (I think Wednesday); the news show interviewed several people who suffered OD charges - and the poor state of journalism today was on display and the whole thing really left much to be desired. As an example, the show had a representative from the banking industry that very clearly stated what many others here say - if you keep an accurate check register then this problem doesn't exist. Moreover, none of the people who were "victims" kept a register. But the show never indicated that....(I have a friend who stated that convenient little fact was edited out). On top of this, they had this 'expert' who claimed in the last 15 years, the number of OD fee revenue increased from $11B annually in the industry to (I think) $38B on an annual basis. Did anyone ask WHY? They tried to make this a sorting issue, but it isn't. The real issue is the debit card; that has been the real change and people don't know how to use them. If you took the debit card out of a person's hand and kept the sort issue as it is - the fees would return to $11B or so per year. The government is looking at this but is unlikely to do anything at this point, which was also conveniently left out of the piece; the reason is that eliminating the practice would likely jeopardize the use of debit cards and the government is trying to increase the use of debit cards, not decrease their use. The bottom line is that the real scam is the DEBIT card - I guarantee you if people stop using this thing - this problem will come to a grinding halt - bottom line. To David - the delay is not caused by the bank. The delay is caused by your merchant who did not submit verification of the transaction as soon as you wanted him to. But when you use a debit card, it's as if the money left your account immediately because YOU authorized it when the account agreement was signed.


Jim

Anaheim,
California,
U.S.A.
Not Really Edward

#38Consumer Comment

Sat, July 11, 2009

Part of the account agreement also indicates you agree to any changes in the Terms and Conditions - so even if the account were opened umpteen years ago, changing the T&C's would not make the situation illegal. There was a really awful piece on Nightline regarding this entire practice the other night (I think Wednesday); the news show interviewed several people who suffered OD charges - and the poor state of journalism today was on display and the whole thing really left much to be desired. As an example, the show had a representative from the banking industry that very clearly stated what many others here say - if you keep an accurate check register then this problem doesn't exist. Moreover, none of the people who were "victims" kept a register. But the show never indicated that....(I have a friend who stated that convenient little fact was edited out). On top of this, they had this 'expert' who claimed in the last 15 years, the number of OD fee revenue increased from $11B annually in the industry to (I think) $38B on an annual basis. Did anyone ask WHY? They tried to make this a sorting issue, but it isn't. The real issue is the debit card; that has been the real change and people don't know how to use them. If you took the debit card out of a person's hand and kept the sort issue as it is - the fees would return to $11B or so per year. The government is looking at this but is unlikely to do anything at this point, which was also conveniently left out of the piece; the reason is that eliminating the practice would likely jeopardize the use of debit cards and the government is trying to increase the use of debit cards, not decrease their use. The bottom line is that the real scam is the DEBIT card - I guarantee you if people stop using this thing - this problem will come to a grinding halt - bottom line. To David - the delay is not caused by the bank. The delay is caused by your merchant who did not submit verification of the transaction as soon as you wanted him to. But when you use a debit card, it's as if the money left your account immediately because YOU authorized it when the account agreement was signed.


Jim

Anaheim,
California,
U.S.A.
Not Really Edward

#39Consumer Comment

Sat, July 11, 2009

Part of the account agreement also indicates you agree to any changes in the Terms and Conditions - so even if the account were opened umpteen years ago, changing the T&C's would not make the situation illegal. There was a really awful piece on Nightline regarding this entire practice the other night (I think Wednesday); the news show interviewed several people who suffered OD charges - and the poor state of journalism today was on display and the whole thing really left much to be desired. As an example, the show had a representative from the banking industry that very clearly stated what many others here say - if you keep an accurate check register then this problem doesn't exist. Moreover, none of the people who were "victims" kept a register. But the show never indicated that....(I have a friend who stated that convenient little fact was edited out). On top of this, they had this 'expert' who claimed in the last 15 years, the number of OD fee revenue increased from $11B annually in the industry to (I think) $38B on an annual basis. Did anyone ask WHY? They tried to make this a sorting issue, but it isn't. The real issue is the debit card; that has been the real change and people don't know how to use them. If you took the debit card out of a person's hand and kept the sort issue as it is - the fees would return to $11B or so per year. The government is looking at this but is unlikely to do anything at this point, which was also conveniently left out of the piece; the reason is that eliminating the practice would likely jeopardize the use of debit cards and the government is trying to increase the use of debit cards, not decrease their use. The bottom line is that the real scam is the DEBIT card - I guarantee you if people stop using this thing - this problem will come to a grinding halt - bottom line. To David - the delay is not caused by the bank. The delay is caused by your merchant who did not submit verification of the transaction as soon as you wanted him to. But when you use a debit card, it's as if the money left your account immediately because YOU authorized it when the account agreement was signed.


Jim

Anaheim,
California,
U.S.A.
Not Really Edward

#40Consumer Comment

Sat, July 11, 2009

Part of the account agreement also indicates you agree to any changes in the Terms and Conditions - so even if the account were opened umpteen years ago, changing the T&C's would not make the situation illegal. There was a really awful piece on Nightline regarding this entire practice the other night (I think Wednesday); the news show interviewed several people who suffered OD charges - and the poor state of journalism today was on display and the whole thing really left much to be desired. As an example, the show had a representative from the banking industry that very clearly stated what many others here say - if you keep an accurate check register then this problem doesn't exist. Moreover, none of the people who were "victims" kept a register. But the show never indicated that....(I have a friend who stated that convenient little fact was edited out). On top of this, they had this 'expert' who claimed in the last 15 years, the number of OD fee revenue increased from $11B annually in the industry to (I think) $38B on an annual basis. Did anyone ask WHY? They tried to make this a sorting issue, but it isn't. The real issue is the debit card; that has been the real change and people don't know how to use them. If you took the debit card out of a person's hand and kept the sort issue as it is - the fees would return to $11B or so per year. The government is looking at this but is unlikely to do anything at this point, which was also conveniently left out of the piece; the reason is that eliminating the practice would likely jeopardize the use of debit cards and the government is trying to increase the use of debit cards, not decrease their use. The bottom line is that the real scam is the DEBIT card - I guarantee you if people stop using this thing - this problem will come to a grinding halt - bottom line. To David - the delay is not caused by the bank. The delay is caused by your merchant who did not submit verification of the transaction as soon as you wanted him to. But when you use a debit card, it's as if the money left your account immediately because YOU authorized it when the account agreement was signed.


Edward

Dallas,
Texas,
U.S.A.
Corrections For Ashley and Robert

#41Consumer Suggestion

Fri, July 10, 2009

To Ashley, you know what they say about assumptions. Just because you may have opened your new account with Wachovia doesn't imply this was also true for David. Did you consider the possibility that David may have opened his account years ago at a local bank, which at the time had much different policies? Then Wachovia swooped in and bought out the local bank and implemented its own RIPOFF policies. I don't know that this was the case either, just like you don't know. But what I am smart enough to know is not to pass judgement without certainty. To Robert, everyone is not waiting for the folks in Congress to come to the rescue. Wells Fargo has already done that. And while they may have some similar policies, the main RIPOFF policy that sets them apart is the Unavailable Funds Fee, which Wells Fargo has never used. As David said in the OP, White vs Wachovia, tells you all you need to know about the legality of this ripoff here.


Robert

Buffalo,
New York,
U.S.A.
In the mean time

#42Consumer Suggestion

Fri, July 10, 2009

In the mean time, while folks wait for Congress to come to the rescue once again, maintaining and accurate and reconsiled account register will PREVENT these OD/NSF fees from being assessed. Also, be aware that different HOLDS are applied to different types of deposits so make sure that deposits have CLEARED before you attempt to spend the money.


Ashley

Springfield,
Missouri,
U.S.A.
Its not illegal

#43Consumer Comment

Fri, July 10, 2009

My bank disclosed this practice to me in the forms I signed when I opened my account. I'm sure yours did too. If you don't like the way they do it, find a bank that will do things the way you like it.


Ashley

Springfield,
Missouri,
U.S.A.
Its not illegal

#44Consumer Comment

Fri, July 10, 2009

My bank disclosed this practice to me in the forms I signed when I opened my account. I'm sure yours did too. If you don't like the way they do it, find a bank that will do things the way you like it.

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