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How many times are the PDL .......

Date: Thu, 02/12/2009 - 09:43

Submitted by timothy.ly
on Thu, 02/12/2009 - 09:43

Posts: 59 Credits: [Donate]

Total Replies: 27


How many times are the PDL companies allowed to try and debit your bank account and will they use a different name to keep on trying to debit?

Since I'm having so much trouble trying to close my bank of america account.. I've decided that I will just have to pay the $35.00 overdraft charges everytime they send a PDL back. I've heard they're only allowed to try and debit 3 times but they will change their DBA so that they can try again. Is this true? If so then I'm in for a lot of overdraft charges. I don't want to end up owing Bank of America thousands of dollars in unjustified overdraft fees for illegal fraud debits. This is insane.

I've taken everyone's advice. I've went to several different branches, spoke with several different managers. I've emailed several heads of the company. I've taken proof to my bank that these debits are illegal and fraud. I've thrown the consumer rights in their face.. but every morning my account is reopened. I litterally have no idea where to turn next. I've decided that it's either keep paying the overdraft fees to keep the account at zero balance instead of negative.... or just let it go negative and let them report it to chexsystems. I feel I have exhausted every option that there is and I have no idea what to do.


Oh brother, you are up against an army it seems. This all just seems so unfair! Have you tried contacting Bud Hibbs, I am just throwing that suggestion out there to you. Also, maybe if you fax a note to the corporate office, and put attention to: Chief Executive Kenneth Lewis : fax. # is: 704-386-6699 it might help! Please don't give up, it seems you are doing everything you can to get this resolved! BOA is becoming a little too impersonal and their customer service leaves a lot to be desired!

In answer to your questions, yes illegal pdl's do tend to change their names and continue to try and debit your account. However, there is a law somewhere pertaining to the Financial Institutions responsibilities, I will try to find it and see if there is anything in it that might be of help to you!


lrhall41

Submitted by Shazzers on Thu, 02/12/2009 - 09:57

( Posts: 17344 | Credits: )


timothyly, i responded in another thread, but I'll respond here,

PLEASE complain to OCC, FDIC,FEDERAL RESERVE AND YOUR STATES DFI,hell at this point file a complaint with your states Attorney general telling them you want charges brought against Bofa by not hornering the Eletronic Debit act. Don't let BOFA keep re-opening your account and charging your overdraft fees. BY LAW they HAVE to obide by Eletronic Debit ACT.

You have the upper hand here, not them. DON'T let them keep pushing you around.

How to file a complaint against your bank:
http://www.debtconsolidationcare.com/banking/complaint-against.html


lrhall41

Submitted by beli2005 on Thu, 02/12/2009 - 09:58

( Posts: 882 | Credits: )


?? 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]

[Source: Section 910 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. 3735), effective May 10, 1980; as amended by section 705 of title VII of the Act of November 12, 1999 (Pub. L. No. 106-102; 113 Stat. 1465), effective November 12, 1999]

?? 913. Compulsory use of electronic fund transfers

No person may--
(1) condition the extension of credit to a consumer on such consumer's repayment by means of preauthorized electronic fund transfers; or
(2) require a consumer to establish an account for receipt of electronic fund transfers with a particular financial institution as a condition of employment or receipt of a government benefit.

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

[Source: Section 913 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. 3737), effective May 10, 1980


lrhall41

Submitted by Shazzers on Thu, 02/12/2009 - 10:03

( Posts: 17344 | Credits: )


i beg to differ.one question i never asked.do you have direct deposit with BS OF A?


lrhall41

Submitted by paulmergel on Thu, 02/12/2009 - 10:24

( Posts: 15514 | Credits: )


well then.just keep saving for when this idiot bank closes the account.i wouldn't keep shoveling money in NSF fees because they won't close it.i know it sounds bad,but better to let them run the fees,close the account that way.then pay it off then give them the proverbial finger as your paying this off.bring that up to them.ask when do you close an account due to excessive NSF'S?that should get there attention.if not use that info to plot your next step.just an FYI.in the banking forum there is a sticky by MCA.it is a list of banks that don't use telechex.just a thought for when you decide to bank again.


lrhall41

Submitted by paulmergel on Thu, 02/12/2009 - 10:35

( Posts: 15514 | Credits: )


Ok thank you.. I will check that out.. I will probably end up wanting to bank again someday.. I'm 21 so 5 years with no bank account probably won't hurt me that bad. At least I've learned my lesson. In the meantime I can just use Netspend. No overdrafts or NSF charges. Woooo.. just have to pay ($9.95 a month) Which stinks but oh well. I think BOA has already reported me to chexsystems because I tried to open an account with Chase before everything went too sour with BOA.. but Chase said I had a negative report with Chexsystems. They said they would open me an account but I would have to pay $10.00 a month.. I couldn't write checks at all.. and I would have to maintain a balance of $100 a month just to use my debit card for Gas and groceries (etc).. All of this for one year then after the first year they would make my account "normal" again. It's a thought.. but I'm not sure yet if I want to do it.

I think you're right about letting it add up until they close it. They will have to close it eventually. I just hope it's not after I owe them several thousand dollars! What a headache.


lrhall41

Submitted by timothy.ly on Thu, 02/12/2009 - 10:44

( Posts: 59 | Credits: )


i would still ask when they would close it due to NSF'S.i got that idea from a bud of mine who banked with WAMU.they didn't refund,but froze the balance and didn't let any other charges take place.so it might get that done,but if this waste of a bank already reported you to chexsystems that's a shame.


lrhall41

Submitted by paulmergel on Thu, 02/12/2009 - 10:57

( Posts: 15514 | Credits: )


Just a quick recap of my situation. I had 11 payday loans..

Cashnetusa- Payment arrangements have been made- very nice and easy to work with.
Ace cash express- Payment arrangements- same.---great to work with
Payday one- Payment arrangements- great
Check n go- PAID IN FULL
First Cash ltd, Texas- PAID IN FULL

now the rest are illegal and they are the ones who keep debiting my bank account

Jett lending- borrowed $300- paid $270 owe $30.00- have had email contact with them but they are demanding the full $300.00 but they did agree to stop debiting my bank account. We shall see

United cash loans- $300-- have paid $90.00.. owe them $210.00 They seem unwilling to work with me. They've blocked me from their website and answered my BBB report with a form letter.

Ameriloan- $150.. have paid $155.. They owe me $5.00 but the website still says I owe them $195.00

Paydaymax- $300 have paid $178.69.. owe them $121.31.. No contact with this company.. they still keep trying to debit my account but the email address on their website keeps returning my mail and I haven't heard anything from the fax.

Goodtime cash- borrowed $200.00.. paid $60.00 owe $140.00.. have heard nothing from this company but they are suppose to try and debit the account tomorrow so we'll see what happens after that.

Payday yes- $300-- paid $90.00 owe them $210.00..heard nothing.


Basically the legal companies who have made payment arrangements with me have stopped trying to debit the account.. it's only the 6 illegal ones. And one of them says they won't debit anymore.. but I don't trust them either.


lrhall41

Submitted by timothy.ly on Thu, 02/12/2009 - 11:04

( Posts: 59 | Credits: )


Yeah I will definitely go down there and ask them how long it takes them to close the account due to NSF.. maybe that will get their attention. I've tried to look it up online but all I've found about BOA is that they will keep an account open indefinitely building up charges. I hope this is not true, however. As far as the chexsystems.. yeah I think that is really crappy if they have already reported me.. I have probably had about 100 NSF over the past three months due to the PDL's.. so that's probably why they reported me.. but I always paid them up so I don't think they should have a reason to.


lrhall41

Submitted by timothy.ly on Thu, 02/12/2009 - 11:07

( Posts: 59 | Credits: )


then you file AG,and FTC complaints against the pdl's,and DFI complaints against BS of A.the main thing is getting the slime pdls to stop debiting your account.


lrhall41

Submitted by paulmergel on Thu, 02/12/2009 - 11:17

( Posts: 15514 | Credits: )


when I try to log on to Payday yes.. it says email address and SS # not found.. they haven't tried to make any contact with me what so ever.. so I don't know what they're up to. I guess they've blocked me.

My girlfriend is worried.. She also has an account with BOA.. she lives with me.. shares the same home address with me.. but I'm not on her account at all. I am the person listed as her payable on Death beneficery... but that's it. I'm not an authorized user on her account. She is worried that since we share the same address and our accounts have sent money back and forth to eachother several times ... that if I end up owing BOA alot of money in NSF fees that they will try to take it out of her account just because she's listed at the same address as I am. I've told her this is impossible because we are not married and for all they know she is my room mate but she is still looking to switch banks. Hey, I have no problem with her switching banks though cause BOA is horrible.. but I've told her that is nothing to worry about it. They can't just take money out of someones account who lives at the same address as me can they? I know this sounds like a silly question but since she is so worried about it I thought I would ask.


lrhall41

Submitted by timothy.ly on Thu, 02/12/2009 - 11:20

( Posts: 59 | Credits: )


Good God I hope so. I was just looking on internet yesterday at all the BoA complaints. They really are a nightmare.

There was one poor man that moved to another state so closed his account but BoA left the $1.75 a month insurance rider on his acount open. It racked up a bunch of money and then they reported it to the credit agencies as a bad debt.

They really are scum.


lrhall41

Submitted by nohiogal on Fri, 02/13/2009 - 01:43

( Posts: 2582 | Credits: )