I read a report of someone in AZ. The exact thing has happened to us with a different bank in TX. But has hurt us much worse.
We had an account with this bank for several years, after the president passed away and his son inherited the position we watched several hundreds of dollars leave our account each month.
Payroll would go in every two weeks from employer after 12:01 A.M. Thurs. Our bank would pay or return, depending on the mood, checks presented Thurs. And charge us NSF fees. Friday A.M. The funds would be available to us. After we realized they were holding our money to make the NSF charges we decided to go the next pay period on Friday morning and withdrawal all of our funds excluding our AW for house payment.
I called that morning the funds were available and we withdrew $1300 leaving the house payment. We "bank shopped". A credit union explained if we didn't get the deposit until Friday, then their bank couldn't make the funds available until the following Monday. Because credit unions work different, but suggested how to prepare for that extended rotation of a pay period. So we chose that bank and followed their advice. However, we got to our money every pay period a day sooner (on Thursdays) than First National Bank.
A few days later, we received the "typical" letter stating that check #?? Was presented for $1300 (the one we wrote from our check book for cash) and "as a courtesy paid" it but $?? Fee charged to the account leaving us with a $-1300 balance, which ofcourse bounced the house payment when it was presented. Then we stopped the automatic deposit to close out the account. Then let them reposses our loans with them deciding they had made enough money from us. This all occured five years ago. Today, we were served with a "Petition for Deficiency Judgment" That want more money from us.
Since we have talked to several friends this has happened to. The FDIC auditors came and camped out at the bank for several months. But I don't know if this behavior was ever an issue with them.
Are there any attorneys interested in this case? Please respond we need to file an answer and counter.
0 comments