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What to do?

VivianLynne

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Tuggers are experts --- help my friend out ....

My friend got into a disagreement with the family checking account's bank. Big unhappiness. So big of a dispute, the bank sent them a BANK CHECK closing the account (which had NOT yet arrived in the mail) with letter. Regular Mail.

Friend gets the bank letter with a closed the account check - except the check is for a little too much money.

Friend get told by some people "DO NOT DEPOSIT or CASH check; call bank".

Bank letter says "DO NOT CALL OR COME TO BANK --- YOU WILL BE ARRESTED". And here is a BANK CHECK for your money.

Friend is just distraught and stressed to the maximum. Friend & family needs their share of the money.

This was a BIG UNHAPPINESS ... with branch was being run by supervisor as that bank manager was on vacation last week and this week.
My friend is called by another friend (a business person) whom they tell story to. This business person knows the 2nd bank manager (different branch). The 2nd manager had talked to friend earlier in day before friend had gotten bank's letter & check. 2nd bank manager was told by higher up ... DO NOT TALK or CALL this former customer (my friend).

2nd Bank Manager tells business person "that if the check is for more money than owe ... just keep it. So they got a couple of extra dollars."

Business person is as dumbfounded at My friend.
 
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DeniseM

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How much extra money are we talking about?
 

VivianLynne

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Sent answer by PM ... Bank check along with bank generated withdrawal tape --- closing the account.

This is just dumb-founding.

Plus the family had checks out which have are now bouncing all over the place. They are truly sick & distressed. They should have had only a $35 balance left in the account after paying the last of the month's bills. The bank closed the account on Friday Oct 24.
 
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DeniseM

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Send a simple letter requiring a signature to the branch manager, with a copy of the check, and the letter:

Dear Branch Manager,

According to my records, you over-paid me by $XXX.

Please verify that this amount on the enclosed cheek is accurate.

OR

Cancel the check and send me a new check for the correct amount, within 30 days.

After 30 days, I will be cashing the original check.
 

VivianLynne

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They have no 30 days. They had written checks out for over $2600 which is sitting in a this check that is too big. Yes, they may get some money over the weekend .. but not $2600 ...some of that was their emergency money.

Should they call the state bank examiners?
 

ottawasquaw

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Yes. The Attorney General's office, someone. Our state has a dept of Financial Institutions, but every state has an AG office with consumer affairs who should be able to direct them to the appropriate agency.

Banking is a highly regulated industry. It should be fairly easy to get some help and accountability. As I read this thread, it did not occur to me that their might be outstanding checks. It's hard to imagine that the bank does not have considerable liability for their actions.

If your friend is still not satisfied, try your Congressional Representative. There's the new consumer protection agency which was put in place for the mortgage debacle. Surely, they'd love to hear about this.

There's more to this story. Hope all goes well for your friend!
 

DeniseM

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It sounds like their financial problems are far bigger than just this check.

The checks are all going to bounce - nothing they can do to prevent that now.

They need to give the bank written notice that the check is too big before they cash it. They could make the date 10 days or something like that.

Even if they cashed the check today - the checks will still bounce, and it will be a mess to clean up - a few more days won't make any difference.
 

VivianLynne

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Tuggers are experts --- help my friend out .... <cut>

.....2nd Bank Manager tells business person "that if the check is for more money than owe ... just keep it. So they got a couple of extra dollars."

Business person is as dumbfounded at My friend.

I remember years ago, a local character who became a legend regarding bank money lost .... google "Joey Coyle" ....
 

Beaglemom3

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CC: The President/CEO/CFO, State Bank Examner/Auditor's Office, too.

LInk here: http://www.federalreserve.gov/faqs/credit_12666.htm


"I have a problem with my bank. How do I file a complaint against it?
"

"The Federal Reserve urges you to file a complaint if you think a bank has been unfair or misleading, discriminated against you in lending, or violated a federal consumer protection law or regulation. You can file a complaint online through the Federal Reserve's Consumer Complaint Form.
You can also call or email Federal Reserve Consumer Help, the System's central repository for consumer complaints and inquiries, and they will walk you through the process of filing a complaint and answer any questions you might have.
Although the Federal Reserve looks into every complaint that involves banks it regulates, it does not have the authority to resolve every problem. There are several federal agencies who handle complaints about banks and other financial institutions, so the Federal Reserve may connect you with or forward your complaint to another federal regulator.
"
 

davidvel

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They have no 30 days. They had written checks out for over $2600 which is sitting in a this check that is too big. Yes, they may get some money over the weekend .. but not $2600 ...some of that was their emergency money.

Should they call the state bank examiners?

Sent answer by PM ... Bank check along with bank generated withdrawal tape --- closing the account.

This is just dumb-founding.

Plus the family had checks out which have are now bouncing all over the place. They are truly sick & distressed. They should have had only a $35 balance left in the account after paying [WRITING CHECKS FOR?] the last of the month's bills. The bank closed the account on Friday Oct 24.

Sounds like they got the correct amount, that being the BALANCE in the account. Your friend is saying the smaller amount ($35) is their own checkbook balance after deducting un-cashed checks. The bank couldn't know what checks had been written, they just paid the account balance.

(Note: I am only commenting on the amount of the check. I am not saying what the bank did was right or wrong, but something very bad must have happened for a bank to can a customer like this.)

Tell them to cash/deposit the check, and then tell the people who they wrote checks to what happened, and write new checks to those people.
 

Big Matt

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I think we're missing a small detail.

Why did the bank cancel the account? What did your friend do?

My guess is that there is another side of this story that we're not hearing.
 

DeniseM

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Just to clarify, I asked the OP privately, and the check is for way too much money - not just a little too much.
 

Beaglemom3

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I think we're missing a small detail.

Why did the bank cancel the account? What did your friend do?

My guess is that there is another side of this story that we're not hearing.

I was just about to pose this question myself.


There must have been some sort of precipitating event.

Is there something that put these events in motion ? There is a disconnect here.


0
 
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dougp26364

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Sounds like it's time to get real legal advice vs advice from anonymous posters on the internet.
 

billymach4

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I am finding this really hard to believe. How can a bank shut down an account without the owners permission. Even if there was a disagreement. Perhaps there was some illegal activity in play here . Maybe like an account for marijuana grower in colorado. Perhaps
 

DeniseM

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One example: If you have a pattern of bouncing checks, they will close your account. You get a couple of warnings and then they close your account - they certainly don't have to have your permission.
 

billymach4

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Regarding the above post.... I am using my imagination due to the lack of details. Despite marijuana being legal in CO and WA the banks don't want to touch pot money since they fall under Federal rules. And as we all know pot is illegal at the federal level. If the cash smells like grass ...... Fogetaboutit.
 

Egret1986

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Of course there's more to this story. It would be naive to think otherwise.

I think we're missing a small detail.

Why did the bank cancel the account? What did your friend do?

My guess is that there is another side of this story that we're not hearing.


How titillating. :cool:

Just to clarify, I asked the OP privately, and the check is for way too much money - not just a little too much.

Are you suggesting there is a payoff to the friend's family?
:eek:

The plot thickens, oh my. :rofl:

The Tugger gang is on the edge of their seats. What nefarious activities have been taking place to cause such questionable circumstances?????? :confused:

Before I can give my expert Tugger advice, I must have more details. Key pieces are missing and I would be remiss if I misspoke before I had all the facts. :ponder:
 

DeniseM

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I'm not really implying anything - I am clarifying that the person whose account was closed is concerned because it's way too much money, and they have an obligation to inform the bank of that.

I have no idea about the original problem...
 

VivianLynne

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Okay... there appears to have been several checks NOT yet presented to the bank when the alternate substitute manager closed the account. A big check for $6696 must not have YET been presented ... hence, a large payment not yet taken out. Plus several other checks appeared to not yet cleared either.

She and I have spent the past almost 3 hours running the possible numbers on the account. That check was written almost 3 weeks ago ... but as the account is CLOSED and the bank is OFF-LIMITs ... it makes it hard to figure out what has clear or not.

This account was closed on Fri Oct 24 at 10AM .... without notice.

There was NO ILLEGAL activity ... the recently hired under 30 yo front teller male supervisor was just totally insistent on government issued photo id for a physical street address to a domestic violence victim. The branch manager was on vacation last week and again this week. You can not talk to this woman without a meltdown with tears and strained voice when insisting that she give you her street address (and proof that was her address). Would NOT take her US passport - as it does NOT have a street address. And her driver's license is also the P O Box. She was so upset Wednesday last week - she left the back; went back the next day, to get a cashier's check to pay bills totally $7800 (which she cashed at a different bank).

There had never been a bounced check. She had been on friendly upbeat terms with at least 2 (or 3) regular cashiers - until this last week with this new supervisor. The branch manager has been a constant revolving door at this branch.

I think tomorrow she will go deposit this "Official Check" (over $9000) and start to try and clear up her "new" problems with the bounced checks.
 
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Talent312

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I can imagine that the customer had a hissy-fit and got in the face of the powers-that-be at the bank.

Something similar happened to us a few years ago when my DW decided it would be a good idea to tell a freight-company exactly what they could do with their vague delivery promises ("we'll get it there in a few weeks"). The problem was, they had her furniture (she had inherited) in their possession. So, ticking them off, was not thinking ahead. Being the only sane person in the room at the time, I made nice and ultimately, they did deliver the stuff.

When someone else holds something of yours, getting them angry at you won't accomplish much.

That said, IMHO, they bank is liable for all bounced check fees for closing the account as they did. At this point, a lawyer's demand letter to cover the fees would be appropriate, as well as a regulatory complaint. If that doesn't do the trick, a small claims case for damages should follow.
.
 
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JPD

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I have listened to Clark Howard for years, He would say this is a scam. Next they will want you to send the over payment to some account via western union.
 

isisdave

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I think you will find, in that 50-page notice they give you, that the bank can close an account at any time for any reason without notice.

I would not be surprised if the bank is charging fees for not paying the checks being presented on the closed account. Expect a bill.

If your friend is OK with more details of "the incident" becoming public, you could try to take this up with your local TV station's "Consumer Bob" or whoever presents the stories of big institutions and governments sticking it to the little guy. But prepare to find out that the friend actually made a threat of some kind, which will make the bank's action look justified.

Or you can wait until a reasonable person returns and try to take it up again. I don't think you can be arrested for calling them. But you don't want to do business there again, and I doubt very much they're going to pay any returned-check fees.

You can consider a small-claims suit.

Good luck.
 

wackymother

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Is this a national bank or a small local bank?

I would write a letter to the president of the bank or the highest person in customer relations, especially if this is a large national bank.
 

bogey21

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Sounds like they got the correct amount, that being the BALANCE in the account. Your friend is saying the smaller amount ($35) is their own checkbook balance after deducting un-cashed checks. The bank couldn't know what checks had been written, they just paid the account balance........Tell them to cash/deposit the check, and then tell the people who they wrote checks to what happened, and write new checks to those people.

I think the above is good advice. I used to run a large Bank. Trust me, the probability that the check is for the exact balance the Bank shows on its records is probably 99%+.

George

PS Save the letter that came with the check and a copy of the check.
 
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