2 banks violated my trust

[fauxcindy]

January of 2011 I wrote a check to 1st bank that handles my car loan. My account was low and it resulted in the check being returned by 2nd bank. I called 1st and offered to come down there to pay it and whatever fees I incurred and Stephanie said "no need, they would just run it back thru because that was their policy"…and they did on 02/23/2011; 5 days later it cleared again on 02/28/2011. On 03/01/2011; I went to Regions to find out why my check ran twice. She informed me 1st ran it thru again, so I showed Stacey how they ran the same check twice and asked her to dispute it. Even though it was obvious what happened it still had to be filed electronically and might take a few days. Because of the mistake it left me in the negative along with the fees 2nd tacked on. I then contacted 1st to inform them they ran my check thru twice and emailed Carla, the loan officer both copies of the check and my online statement where the 1st one ran on the 23rd and the 2nd ran on the 28th. On 03/03/11 Carla called me and said they needed the official bank statement to send to their main office. I contacted Stacey at 2nd and she emailed 1st that one too. Friday, 03/04/11 Carla contacted me to let me know that they found no record of depositing the check again and didn't see anything where 2nd dispersed funds to them. This was no fault of 1st bank and she had already contacted 2nd bank and there was no need for me to call them until Monday and she would follow up and also contact me. Monday morning and I have not heard from 2nd or 1st bank. I drove to 2nd bank but Stephanie had gone to lunch, so I grabbed her card and called her and hour or so later. She was with customers and would call me back. Tues. morning (mardi gras-fat tuesday) I was extremely busy with grandkids and parades and realized at the end of the day that neither banks had still not called. By this time, another check came thru and they bounced it along with some others that had already cleared but because they came thru the same day 1st bank put my check (176.77) thru the 2nd time, they bounced those checks, but left the $176.77, that I disputed. I am now over $496.00 over drawn. My grandson is being threatened to be thrown out of daycare the next day if I didn't make the check good. One of the checks was also written for 2 of my grandsons to play baseball. I could not deposit money into the account because the bank would take the money first to pay their selves the fees. I have been so upset about all of this to the point of crying and throwing up and I still have to find these people to give them their money plus their fees for checks bouncing. I took my good friend, Neil, with me to my bank to find out what they were doing about all of this since they can't return calls to me. Stephanie at 2nd bank informed us that it is NOT their fault but they have to do the research. Quote: There is 1 big box from 1st bank full of checks and 1 big box of checks from 2nd bank. They have to go thru each individual check and had no idea how long that would take. I was so glad she broke all that down for me since I must have the mentality of a 1st grader. In the mean time, I'm being embarrassed to no ends by my checks bouncing all over my town. I also noticed I'm being charged for NSF fees and returned check fees. 2 FEES! They were charging $35 for each up until 3-10-2011, they are now charging $36 per fee. Why did they not bounce the $176.77 check that I disputed instead of all the other ones? I work from week to week and sometimes day to day. I make mistakes, but I always have to pay for them and I feel that someone should have to pay for this mistake. I asked Stephanie at 2nd bank, how come did you not just stop the payment on the 1st bank check like I asked and signed affidavit on, and she said, I thought about it, but decided it wouldn't have helped even though this was the check I disputed….I don't remember asking her what she thought, I told her to dispute it and this normally take 48 hours NOT 14 days!!!!

 

[army judge]

You have no legal issue against either bank. Read your depositor agreement. Don't write checks unless you know the funds are available for the checks to clear.


I suggest you stop writing checks until this matter has been resolved. That means you need to put money in your account to cover the negative balance owed.

 

[fauxcindy]

I did not write the check that Citizens put in for the 2nd time and there is no depositors agreement because they only handle my car loan, I could find no binding arbitrations anywhere in my contract.
I had money to cover the checks I wrote, but when Regions decided to bounce 3 checks that cleared instead of the one that was disputed, it was $210.00 worth of bank fees. I am not rich or have extra money sitting around that I can run go deposit because a bank decides to run my check twice. I wrote a check 2/28 for my grandsons to play ball. I cleaned a house to be able to do that for them...the very next moring I looked online and discover what they had done (on 03/01).I ran straight to the bank to dispute the check that was sent thru the 2nd time and was told it would take about 2 days to clear this matter up. 14 days later after Regions and Citizens finally quit pointing fingers as to whose fault it was, the check for Citizens was finally returned and the funds put back in my account....did they bounce 3 in order to have more charges??
By the way, I did quit writing checks.

 

[army judge]

You need not explain anything to anyone on this forum. We are just a bunch of nobodies who try to help people with legal issues. We have no authority over anyone or anything. We enjoy sharing what we know about the law. We only try to offer advice and knowledge. We are just a bunch of nobodies.

 

[Michael Wechsler]

What am I missing here? I took a look at this thread before the weekend and it seems like one thing caused this entire issue -- a check that was issued against an account in bank #1 when there was insufficient funds in bank #1. As a result, a number of other issues happened like a domino effect, perhaps because the bank may have had automatic procedures to redeposit, etc.

What is the main issue here? That the bank personnel allegedly said they would make good on an NSF check but they didn't and caused a compound of errors?