unfair overdraft fees from my bank. Small claims court??

[fueledbymusic]

What is the name of your state (only U.S. law)? CA

I had a problem with what I call unfair overdraft fees.

The situation.

A mistake happened when I made a mortage payment. That went through OK. Then that mortage payment double drafted. (Automatic payment)

Before this double draft payment of $916 occurred. I had roughly $100 in my account. Days before the $916 debted. I have used my check card to buy a meal for around $7, then a meal the next day for $9, also made a purchase of $30. DURING this time I HAD the money ($100) which was SUPPOSED to cover for those 3 little things.

NOW THIS IS WHERE IT GETS VERY UNFAIR.
On the day of double draft of $916. My bank decides to debit the BIG one first. I had $100 already. The debt the $916 FIRST, idiots. Therefore, Im overdrawn roughly $800. Thats $35 fee. THEN the $7, $9, & $30 came along. I DIDNT have any money (after they debited the BIG one first) to cover that $7, $9, & $30 debt. $35 fees EACH! For me Im FINE with paying the $35 fee for the mistake I made of double draft $916. BUT NOT for the other 3 small ones, Im NOT FINE! They could've debited the 3 small ones first to as they could've avoided THIER problem of having to pay $7, $9, & $30. and charging $35 for each of those

I really feel its a GOOD reason for me to be furious. That is OBVIOUS why the did the big one first. So that they can make money!

_______________________________________________________________
Now for my question for those of you who know the law well enough!

Would I have a chance to fight back on this using small claims court. OR IS IT SOMETHING I SHOULDN'T BOTHER WITH because of their "powerful" fine print, contract or etc??? I DO know I heard something about laws being passed to STOP the practice of banks & credit card companies of UNFAIR fees etc. Did I?

 

[Isis1]

What is the name of your state (only U.S. law)? CA

I had a problem with what I call unfair overdraft fees.

The situation.

A mistake happened when I made a mortage payment. That went through OK. Then that mortage payment double drafted. (Automatic payment)

Before this double draft payment of $916 occurred. I had roughly $100 in my account. Days before the $916 debted. I have used my check card to buy a meal for around $7, then a meal the next day for $9, also made a purchase of $30. DURING this time I HAD the money ($100) which was SUPPOSED to cover for those 3 little things.

NOW THIS IS WHERE IT GETS VERY UNFAIR.
On the day of double draft of $916. My bank decides to debit the BIG one first. I had $100 already. The debt the $916 FIRST, idiots. Therefore, Im overdrawn roughly $800. Thats $35 fee. THEN the $7, $9, & $30 came along. I DIDNT have any money (after they debited the BIG one first) to cover that $7, $9, & $30 debt. $35 fees EACH! For me Im FINE with paying the $35 fee for the mistake I made of double draft $916. BUT NOT for the other 3 small ones, Im NOT FINE!

I really feel its a GOOD reason for me to be furious. That is OBVIOUS why the did the big one first. So that they can make money!

_______________________________________________________________
Now for my question for those of you who know the law well enough!

Would I have a chance to fight back on this using small claims court. OR IS IT SOMETHING I SHOULDN'T BOTHER WITH because of their "powerful" fine print, contract or simply etc??? I DO know I heard something about laws being passed to STOP the practice of banks & credit card companies of UNFAIR fees etc. Did I?

nope. did you call your bank, tell them about the mistake of the second $916 draft? was that corrected?

 

[fueledbymusic]

I did call the bank & the mortage company. The bank just gave an address for costumer relations. I sent a letter twice. Have not heard from them. The mortage company never reversed the double draft as I asked

 

[Antigone*]

I did call the bank & the mortage company. The bank just gave an address for costumer relations. I sent a letter twice. Have not heard from them. The mortage company never reversed the double draft as I asked

My question to you is this: What exactly happened to make your mortgage payment come out twice? Did you make a payment and then the mortgage company drafted a payment? What did you do differently this month than any other month?

My comment with regard to how the "idiots" post the debits to your account. Most banks will pay from largest to smallest. Some will say it is because it is more important to pay larger ticket items like mortgages and car payments. Others will say it is because the bank wants to make money. I could care less which reason you choose to be real for you; but the honest truth is that is the way the bank chooses to do business ~ and yes it is more profitable for the bank to do it this way. If you were a business owner, wouldn't you want to maximize your profits ~ stupid question, of course you would.

Okay off my soap box. How are you dealing with the second debit of $916?

Tell me about what was different from this month to last, and how the bank is dealing with the second debit and we will go from there.

 

[Isis1]

I did call the bank & the mortage company. The bank just gave an address for costumer relations. I sent a letter twice. Have not heard from them. The mortage company never reversed the double draft as I asked

you have to keep calling. keep talking to someone hire up. banks are allowed to deduct the highest charge first. then the second highest, the third and so forth. it's your responsibilty to make sure you have money at all times to cover all debits, charges and automatic transfers.

being the second draft was taken out, you may have some recourse. but that has to be dealt with. keep calling. keep writing. and find someone to e-mail. you may even have to show up at y our local mortgage company branch.

 

[fueledbymusic]

My question to you is this: What exactly happened to make your mortgage payment come out twice? Did you make a payment and then the mortgage company drafted a payment? What did you do differently this month than any other month?

My comment with regard to how the "idiots" post the debits to your account. Most banks will pay from largest to smallest. Some will say it is because it is more important to pay larger ticket items like mortgages and car payments. Others will say it is because the bank wants to make money. I could care less which reason you choose to be real for you; but the honest truth is that is the way the bank chooses to do business ~ and yes it is more profitable for the bank to do it this way. If you were a business owner, wouldn't you want to maximize your profits ~ stupid question, of course you would.

Okay off my soap box. How are you dealing with the second debit of $916?

Tell me about what was different from this month to last, and how the bank is dealing with the second debit and we will go from there.

***********THIS IS JUST MY STORY ONLY!***************My mortgage payment is set up as automatic payments. Well what happened was when I made an online payment of mortgage ON MY OWN. I THOUGHT (and I say, I THOUGHT) the mortgage account was going to KNOW that I made the payment on my own, then therefore NOT automatically make the payment for this month since I made a payment already. THIS IS WHAT I THOUGHT WOULD HAPPEN. Let me repeat, THIS IS WHAT I THOUGHT WOULD HAPPEN. I DONT KNOW THIS KIND OF STUFF! I didnt think that they would still automatically get the payment even after I just paid. I DIDNT KNOW this would happen! I DIDNT KNOW!!!! NOT EVERYBODY WILL KNOW EVERYTHING! (posting all these "I dont knows" & "mistakes happens" as to prevent you guys from misjudge me by saying "You are responsible to make sure you have enough money"

But NEVER MIND this mistake. YES I MADE A MISTAKE! You make mistakes too here & there! But NEVER MIND the double draft mistake.

Forget about that $916 OD. What really got to me was the fact that I already had $100 DAYS before this happens. And used check card for those 3 things for which the $100 was supposed to cover and even showed the deduction on ATM but still was positive balance. IE. $100 showed on ATM, I buy a $7 item, then $9, then $30, then go back to ATM to view my balance. Shows $54 remaining DAYS before the $916 debt happened.

You say IM RESPONSIBLE to make sure I have the money. RIGHT! BUT dont you think mistakes happen here & there?? RIGHT?? It happens! But VERY rarely I have a problem with OD fees. VERY RARELY! But it happened. And yes it was MY mistake. I have NO problem with that. AND YES I KNOW, I KNOW, I KNOW, I MADE A MISTAKE. WE MAKE MISTAKE HERE & THERE. THE PROBLEM lies when the bank could have been more considerate to cut the fees by $105 for something SO EASY for them to do!!!!!

Well I have read somewhere what YOU POSTED. That banks do the big one first. Because THEY claim that**************

"MANY customers prefer to pay the larger items first. IE rent, car payments. These type of payment are very important to many customers. So they want to make sure these payments go through. IF POSSIBLE."

STUPID. Yeah If possible. It was POINTLESS for them to do the $916 first. I was still $800 overdrawn. Oh they say MANY, But not all! SURELY NOT ME. If I had a choice.

The banks CLAIM that. BUT I CLAIM. The REAL reason they do this practice is so that they can make tons of money

************THIS IS JUST MY STORY ONLY!***************
**************** IM AM NOT LOOKING******************
***********TO GET REVENGE OR ANYTHING****************
*******Its ONLY a simple question, plus a story *************
***of why its a VALID reason for me to get upset*************
**************************************************
***Wouldn't THAT make you feel its UNFAIR, if (lets pretend)****
***You had that Exact same type of mistake I made???********

Well as if this point. I probably dont even want to BOTHER with getting $105 (NOT $140) back for the 3 small items. So for this point. I already TURNED OFF the automatic payment.

 

[fueledbymusic]

Okay off my soap box. How are you dealing with the second debit of $916?

As of now I give up. I called NUMOUROUS TIMES. Sent 2 letter. Nothing

All that I post is just my story ONLY. This is how I SOUND! No NEED to mis judge me.

 

[fueledbymusic]

you have to keep calling. keep talking to someone hire up. banks are allowed to deduct the highest charge first. then the second highest, the third and so forth. it's your responsibilty to make sure you have money at all times to cover all debits, charges and automatic transfers.

being the second draft was taken out, you may have some recourse. but that has to be dealt with. keep calling. keep writing. and find someone to e-mail. you may even have to show up at y our local mortgage company branch.

Thanks for your advice. They are tough. Ill tell you.
Its my responsibility to make sure I have money in bank. YES, but mistakes happen. And very RARELY do I have problems with OD fees. RARELY **********Just my saying. Im only saying. I am NOT meant to be sarcastic***************

 

[Antigone*]

***********THIS IS JUST MY STORY ONLY!***************My mortgage payment is set up as automatic payments. Well what happened was when I made an online payment of mortgage ON MY OWN. I THOUGHT (and I say, I THOUGHT) the mortgage account was going to KNOW that I made the payment on my own, then therefore NOT automatically make the payment for this month since I made a payment already. THIS IS WHAT I THOUGHT WOULD HAPPEN. Let me repeat, THIS IS WHAT I THOUGHT WOULD HAPPEN. I DONT KNOW THIS KIND OF STUFF! I didnt think that they would still automatically get the payment even after I just paid. I DIDNT KNOW this would happen! I DIDNT KNOW!!!! NOT EVERYBODY WILL KNOW EVERYTHING! (posting all these "I dont knows" & "mistakes happens" as to prevent you guys from misjudge me by saying "You are responsible to make sure you have enough money"

But NEVER MIND this mistake. YES I MADE A MISTAKE! You make mistakes too here & there! But NEVER MIND the double draft mistake.

Forget about that $916 OD. What really got to me was the fact that I already had $100 DAYS before this happens. And used check card for those 3 things for which the $100 was supposed to cover and even showed the deduction on ATM but still was positive balance. IE. $100 showed on ATM, I buy a $7 item, then $9, then $30, then go back to ATM to view my balance. Shows $54 remaining DAYS before the $916 debt happened.

You say IM RESPONSIBLE to make sure I have the money. RIGHT! BUT dont you think mistakes happen here & there?? RIGHT?? It happens! But VERY rarely I have a problem with OD fees. VERY RARELY! But it happened. And yes it was MY mistake. I have NO problem with that. AND YES I KNOW, I KNOW, I KNOW, I MADE A MISTAKE. WE MAKE MISTAKE HERE & THERE. THE PROBLEM lies when the bank could have been more considerate to cut the fees by $105 for something SO EASY for them to do!!!!!

Well I have read somewhere what YOU POSTED. That banks do the big one first. Because THEY claim that**************

"MANY customers prefer to pay the larger items first. IE rent, car payments. These type of payment are very important to many customers. So they want to make sure these payments go through. IF POSSIBLE."

STUPID. Yeah If possible. It was POINTLESS for them to do the $916 first. I was still $800 overdrawn. Oh they say MANY, But not all! SURELY NOT ME. If I had a choice.

The banks CLAIM that. BUT I CLAIM. The REAL reason they do this practice is so that they can make tons of money

************THIS IS JUST MY STORY ONLY!***************
**************** IM AM NOT LOOKING******************
***********TO GET REVENGE OR ANYTHING****************
*******Its ONLY a simple question, plus a story *************
***of why its a VALID reason for me to get upset*************
**************************************************
***Wouldn't THAT make you feel its UNFAIR, if (lets pretend)****
***You had that Exact same type of mistake I made???********

Well as if this point. I probably dont even want to BOTHER with getting $105 (NOT $140) back for the 3 small items. So for this point. I already TURNED OFF the automatic payment.

Well, fueled, since this is one area I happen to have quite a few connections in , I thought that I might just get a better understanding of what happened before helping you. You see bankers do quite a bit of networking and there may have been a possibility of some assistance coming your way. BUT since you ranted and raged, I will leave you to your mistake, your 42 dollar meal, 44 dollar purchase, your 65 dollar purchase (rounded up for NSF fees, of course). And your OD account.

 

[sandyclaus]

I have to say it. I am really befuddled as to how OP can get so upset over a situation they caused themselves.

As to that double draft, this is a no-brainer. How could OP just assume to know what the bank thought when he made a payment on his own? This is very common. Many homeowners make double payments to pay down their principal and lower their interest for their loan. the mortgage companies cannot just assume that if one payment is made, another scheduled draft should not also be made. "I didn't know" is not a valid excuse. After all, you incorrectly assumed they would do it the way you thought in the first place. When they did it their way and not yours - BOOM. Double draft. And you got upset.

Bottom line - OPs assumption of how the mortgage company SHOULD have thought caused the first overdraft.

It comes as no surprise that the bank deducted that first $900 out before the smaller amounts. You are lucky that they even paid that for you (some won't and will just bounce it). But as a courtesy, they did, and now you complain about the fact that you get more OD charges for those smaller transactions.

The bank is not liable for your mistake. They are not responsible for you forgetting to cancel the auto-draft of your mortgage payment. You justifiably incurred the OD charges. But look at it this way: you get to shave a little extra off for the interest on your mortgage payment for making a 2nd payment in the month.

Next time, don't assume and then get upset by the results when you're wrong. KNOW for sure and save yourself the trouble.

 

[Isis1]

after that post about paying online on his own, sandy yes, i'm surprised too.

OP, what Antigone said, she was right one. the automatice payment is set up by a computer. the computer doesn't care one way or the other. whether you made an extra payment or not. it takes out. that's it's job. so you paid an extra month. and incurred banking fees.

that was your bad.

 

[fueledbymusic]

ITS ONLY MY STORY! YOU GUYS ARE MISJUDGING ME AGAIN.

I made a mistake YES YOU ARE RIGHT!

THE POINT HERE is that gets me upset is WHY the banks are very UNconsiderite for debiting the big one first. Then charging me fees for the rest of the 3 little ones.

 

[fueledbymusic]

after that post about paying online on his own, sandy yes, i'm surprised too.

OP, what Antigone said, she was right one. the automatice payment is set up by a computer. the computer doesn't care one way or the other. whether you made an extra payment or not. it takes out. that's it's job. so you paid an extra month. and incurred banking fees.

that was your bad.

DID YOU READ THIS PART Isis. BEFORE YOU START MISJUDGING ME????

THIS IS WHAT I THOUGHT WOULD HAPPEN. Let me repeat, THIS IS WHAT I THOUGHT WOULD HAPPEN. I DONT KNOW THIS KIND OF STUFF! I didnt think that they would still automatically get the payment even after I just paid. I DIDNT KNOW this would happen! I DIDNT KNOW!!!! NOT EVERYBODY WILL KNOW EVERYTHING! (posting all these "I dont knows" & "mistakes happens" as to prevent you guys from misjudge me by saying "You are responsible to make sure you have enough money"

 

[Isis1]

ITS ONLY MY STORY! YOU GUYS ARE MISJUDGING ME AGAIN.

I made a mistake YES YOU ARE RIGHT!

THE POINT HERE is that gets me upset is WHY the banks are very UNconsiderite for debiting the big one first. Then charging me fees for the rest of the 3 little ones.

it's in the fine print that they can do that. it's a profitable business.

i've already dealt with this myself. so has my husband. and so has everyone i know that did not manage their money correctly. it happens. you learn to do better.

 

[fueledbymusic]

I have to say it. I am really befuddled as to how OP can get so upset over a situation they caused themselves.

As to that double draft, this is a no-brainer. How could OP just assume to know what the bank thought when he made a payment on his own? This is very common. Many homeowners make double payments to pay down their principal and lower their interest for their loan. the mortgage companies cannot just assume that if one payment is made, another scheduled draft should not also be made. "I didn't know" is not a valid excuse. After all, you incorrectly assumed they would do it the way you thought in the first place. When they did it their way and not yours - BOOM. Double draft. And you got upset.

Bottom line - OPs assumption of how the mortgage company SHOULD have thought caused the first overdraft.

It comes as no surprise that the bank deducted that first $900 out before the smaller amounts. You are lucky that they even paid that for you (some won't and will just bounce it). But as a courtesy, they did, and now you complain about the fact that you get more OD charges for those smaller transactions.

The bank is not liable for your mistake. They are not responsible for you forgetting to cancel the auto-draft of your mortgage payment. You justifiably incurred the OD charges. But look at it this way: you get to shave a little extra off for the interest on your mortgage payment for making a 2nd payment in the month.

Next time, don't assume and then get upset by the results when you're wrong. KNOW for sure and save yourself the trouble.

SANDYCLAUSE.... DID YOU READ THIS PART of my post BEFORE MISJUDGING ME??????????

THIS IS WHAT I THOUGHT WOULD HAPPEN. Let me repeat, THIS IS WHAT I THOUGHT WOULD HAPPEN. I DONT KNOW THIS KIND OF STUFF! I didnt think that they would still automatically get the payment even after I just paid. I DIDNT KNOW this would happen! I DIDNT KNOW!!!! NOT EVERYBODY WILL KNOW EVERYTHING! (posting all these "I dont knows" & "mistakes happens" as to prevent you guys from misjudge me by saying "You are responsible to make sure you have enough money"