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Suing a bank?
Is it possible to sue a bank that keeps on saying that items have gone through on your account then they seem to resend it a second time so it costs a NSF fee because you only had enough for it go through the one time? I have proof by recording that they had already taken the amounts for the items out of my checking account, but then they took it again and it caused a insufficient funds fees. Help! I cant keep paying for things twice as they have been doing all year, but now I finally have some proof. Is there really anything I can do other than switching banks, which I already plan on doing? Thanks.
5 Answers
- JimLv 51 decade agoFavorite Answer
If they are that incompetent with your money, switching banks should be a foregone conclusion. The real issue here is a way to recoup the damages. You need to set an appointment with a bank manager to go over your records and find a resolution to the double payments as well as the NSF charges. If they are truly at fault, they do and will make restitution as well as issue letters to your creditors that state that they made an error placing your account in an NSF status. Then those creditors will usually credit back to your accounts any fees that they levied. Banks, like any other large company really do not want the bad PR that would come from a civil suit and they will try to avoid it, if possible. If they can prove to you that the error was yours, they'll stick to their guns though.
- 1 decade ago
Definitely. Although you'd probably save money by trying to talk directly to a manager, and showing him your paperwork. If that and a report to your local Better Business Bureau doesn't work, try contacting your state's banking commission, or whatever organization oversees bank activity. Realistically, though, your best bet is trying to get face-to-face with someone with authority at that bank or it's parent office, and demand the problem be fixed by someone who can do it. If a clerk gives you the runaround, or the contact they give you won't return your calls, don't take no for an answer, get their name, then find and call that person's boss. Don't be afraid to be aggressive and demanding (but don't start screaming or throwing things). If you can get someone with authority, your collected evidence will definitely help them do something to fix it. Threatening to change banks is only effective if you regularly keep a LOT of money in your accounts, or have loans from that bank. Most banks could care less about your average $2000-4000/mo depositor, and some banks make it a practice of closing accounts that aren't profitable. So, that threat may show you mean business, but it probably won't compel the bank to work any harder toward helping you fix the problem.
Suing a bank is likely to cost you more money (and time) than you'll get back even if you win and are awarded damages. While annoying (and I've been there, too) the hardship as I understand from what you mention is more of an annoyance. Now, if their errors caused you to lose your car, house, or cherished furry pet then suing would be a good idea.
If you do decide to sue, expect a fight. One solution might be to find an attorney who will take the case on a contingency, so they are paid out of any winnings, and you don't incur any costs if you lose. That will spare you the legal bills, but a significant chunk of any award will go to reimbursing the attorney. If I'm not mistaken, the typical contingency is 1/3 of the award, plus costs.
So, good luck if it comes to that, but the reality is, in 99% of cases, you can get problems with businesses resolved by persistently annoying the hell out of them until your problem becomes their problem. When that happens, you'll be able to talk to someone who can make things happen, and you'll often be surprised at how quickly things can be fixed. One bonus: If the bank wants to keep you as a customer after the problem is fixed, use that opportunity to get a better deal. Ask for any fees on your account to be waived. Ask for improperly debited amounts to be credited with interest, if you have any loans or credit cards through that bank, ask for a reduction in the interest rate. That might help make up for all the trouble. Good luck :) -Kel
- 1 decade ago
You need to contact the company or whoever it is that the money is going to that is coming out of your checking. The bank is not taking your money the company that has your account number is. You should show a copy of your statement to whoever it is taking the money out and they should refund your money and your nsf fees. If they don't then your bank should have some sort of despute letter you can fill out and they will more than likely refund your money because they don't want to lose your business. But I doubt you can sue the bank over that.
- Anonymous5 years ago
That is an oversimplification for political games. The low-income minority loans are a very small part of the housing/credit crisis. And the failure rate on low income loans with Fannie/Freddy is smaller than the large loans with the investment banks. As with any boom, the run-up in housing prices and subsequent loss of value played a larger part. That and the securitization of mortgages into bonds, which removed them from the books of investments banks and allowed them to make more and more loans beyond their reserves.
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- Ambassador ZLv 41 decade ago
Nobody wants to have their money messed with.
If you have evidence, take it to an attorney.