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I Went to the Bank Now I Have Lost my Confidence

Date: Sun, 10/12/2008 - 14:38

Submitted by kfstaff24
on Sun, 10/12/2008 - 14:38

Posts: 1448 Credits: [Donate]

Total Replies: 5


I went to BofA today to close my account, I told them I lost my check book and debit cards to prevent the ipdl's from hitting my account on 10/17. I explained to the manager that I did not want any thing to be allowed to come through on the account. They closed my acccount and coded it no payments. However, when the process was over and I asked again about nothing coming through, he said nothing should be able to come through. He also told me that just because I closed the account today it technically can take weeks for an account to officially close. Now I am worried because tomorrow is a Holiday and everything done today will not really happen until close of business on Tuesday. I do not want to occur overdraft fees on top of the ipdl's trying to take money out on Friday. I feel like I am sinking fast. I thought I had it all planned right but now I am not sure. I have my letters ready to email but I dont think I should send them until Wednesday. My letters are revoking ACH authorization and any wage assignment and only being able to communicate via US postal service or email. Wednesday would be the 3 day notice that most of them request. Should I wait until Wednesday or send them before?


Speak again to your bank manager, show them a copy of the EFTA. Read this over and see if it applies to your situation, you can also check out this link:
http://www.fdic.gov/regulations/laws/rules/6500-1350.html

[quote]???? 907. Preauthorized transfers

(a) A preauthorized electronic fund transfer from a consumer's account may be authorized by the consumer only in writing, and a copy of such authorization shall be provided to the consumer when made. A consumer may stop payment of a preauthorized electronic fund transfer by notifying the financial institution orally or in writing at any time up to three business days preceding the scheduled date of such transfer. The financial institution may require written confirmation to be provided to it within fourteen days of an oral notification if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent.
(b) In the case of preauthorized transfers from a consumer's account to the same person which may vary in amount, the financial institution or designated payee shall, prior to each transfer, provide reasonable advance notice to the consumer, in accordance with regulations of the Board, of the amount to be transferred and the scheduled date of the transfer.

[Codified to 15 U.S.C. 1693e]

[Source: Section 907 of title IX of the Act of May 29, 1968 (Pub. L. No. 90-321), as added by title XX of the Act of November 10, 1978 (Pub. L. No. 95-630; 92 Stat. 3733), effective May 10, 1980] [/quote]

[quote]???? 910. Liability of financial institutions

(a) Subject to subsections (b) and (c), a financial institution shall be liable to a consumer for all damages proximately caused by--
(1) the financial institution's failure to make an electronic fund transfer, in accordance with the terms and conditions of an account, in the correct amount or in a timely manner when properly instructed to do so by the consumer, except where--
(A) the consumer's account has insufficient funds;
(B) the funds are subject to legal process or other encumbrance restricting such transfer;
(C) such transfer would exceed an established credit limit;
(D) an electronic terminal has insufficient cash to complete the transaction; or
(E) as otherwise provided in regulations of the Board;
(2) the financial institution's failure to make an electronic fund transfer due to insufficient funds when the financial institution failed to credit, in accordance with the terms and conditions of an account, a deposit of funds to the consumer's account which would have provided sufficient funds to make the transfer, and
(3) the financial institution's failure to stop payment of a preauthorized transfer from a consumer's account when instructed to do so in accordance with the terms and conditions of the account.
(b) A financial institution shall not be liable under subsection (a)(1) or (2) if the financial institution shows by a preponderance of the evidence that its action or failure to act resulted from--
(1) an act of God or other circumstance beyond its control, that it exercised reasonable care to prevent such an occurrence, and that it exercised such diligence as the circumstances required; or
(2) a technical malfunction which was known to the consumer at the time he attempted to initiate an electronic fund transfer or, in the case of preauthorized transfer, at the time such transfer should have occurred.
(c) In the case of a failure described in subsection (a) which was not intentional and which resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error, the financial institution shall be liable for actual damages proved.
(d) EXCEPTION FOR DAMAGED NOTICES.--If the notice required to be posted pursuant to section 904(d)(3)(B)(i) by an automated teller machine operator has been posted by such operator in compliance with such section and the notice is subsequently removed, damaged, or altered by any person other than the operator of the automated teller machine, the operator shall have no liability under this section for failure to comply with section 904(d)(3)(B)(i).

[Codified to 15 U.S.C. 1693h][/quote]


lrhall41

Submitted by Shazzers on Sun, 10/12/2008 - 14:48

( Posts: 17344 | Credits: )


Is a preauthorized transfer the same as an ACH? Does this mean I have to give the bank the specifics of each known pdl that will debit my account? I told them I did not want anything allowed through, does that qualify for what is in red above?


lrhall41

Submitted by kfstaff24 on Sun, 10/12/2008 - 15:40

( Posts: 1448 | Credits: )


What about my cease and desist letters? Should I wait until Wednesday or should I send them late Tuesday so they see them early Wednesday?


lrhall41

Submitted by kfstaff24 on Sun, 10/12/2008 - 17:42

( Posts: 1448 | Credits: )


Well the thing is, you are revoking their rights to debit your account, so I would send them out asap, and show a copy of it to your bank manager, that way IF any of the ach transactions do get through, then you will have written proof those ach transactions were revoked. I've never personally dealt with BOFA, so I'm kind of stunned that they aren't cooperating. Perhaps someone else will have some insight on the way this financial institution operates.


lrhall41

Submitted by Shazzers on Mon, 10/13/2008 - 07:05

( Posts: 17344 | Credits: )