I was contacted by DMK & Associates, a collections agency, on December 18 regarding an outstanding balance on my US Bank account. This was the first I'd heard of this matter.
During their initial call, I requested a validation statement from DMK and they said they would send it to me. I never received it.
I called US Bank later that same day and was informed that I owed $329.00 and that my statements had been mailed to my previous address. I told them I had moved in early 2007 and corrected the address on the phone (since they evidently missed or ignored the change of address request I had mailed them) and I asked what the charges were for. I was told I would need to go in person to any US Bank branch bank to obtain copies of the statements.
My account is a checking as savings account, which I used rarely and kept a $5.00 balance. I never had any checks or a debit card associated with the account, which means the only way I can obtain funds from it is to go into the bank or provide someone with my account and bank information. Since I did not remember using the account at all in I suspected the charges may be fraudulent - especially since my statements were being sent to the wrong address.
I visited the branch nearest my home on December 20, and spoke with the Bank Manager. He told me he suspected the charges were all overdraft fees, but could not find any information in the computer because the account was closed and charged off. He said he thought the bank had made an error and could resolve it easily and he instructed me to go to the branch where the account was originally opened and request the statements to substantiate the original charges.
He referred me to the Bank Manager at my original branch. He said he would notify that manager in advance and she should be in touch. He also recommended that I advise DMK & Associates that the matter was being handled by the bank.
I did not hear from the other Bank Manager. Following the holidays, I called her and she said she knew about the matter, but couldn't help me. I told her I just needed to know what the original charge was for. She promised to call me back. She never called back, so the next weekend (January 3), I went into the branch in person and asked for the statements.
The Bank Manager advised that it was too late for me to dispute the charges because the bank policy limits customer disputes to 30 days after the original charges appear on an account statement (obviously, it was impossible for me to make this deadline since the statements did not go to my current address). She also stated that she could not obtain the statements I requested and speculated they were probably overdraft fees.
She offered to contact the Recoveries Department and call me back. When she called me a few days later, she left a message advising that the Recoveries Department could not provide the information I requested.
On January 17, I copied the Attorney General's office on correspondence between myself, U.S. Bank, and the original collections agency, DMK & Associates. I stated that I was disputing the bank charges until I received documentation showing what they represent (what the original amount was, how it was posted - check, debit, online, etc., and who it was made to) as I cannot determine what they are and whether they are legitimately incurred by me.
On January 30, I received a letter from US Bank Recoveries with statements dated April 20 through August 20 attached. These statements showed my balance was $5.00 until a single posting was made to my account of $358.83 on July 16, which overdrafted my account.
This is not a charge I recognize and it makes no sense that it was posted to my account. (Why would I try to withdraw or make a purchase of that amount knowing that I only had a $5.00 balance? Further, what teller would allow me to do this since I would have had to go into the bank to take out the money?)
Subsequent bank statements show additional overdraft fees accruing as a result of this posting.
On February 9, I received a letter from the Attorney General's office stating that they would assist me in contacting the company and requesting an explanation of the charges and to keep them abreast of any further information.
On March 3, I called US Bank's Recoveries Department (again) to inquire about the source of the $358.83 charge made against my account. The representative I spoke with had a lot of difficulty finding any information.
Finally, he agreed that I had a $5.00 balance until July when, he said, $26.00 in overdraft fees were posted to my account. Subsequently, I've been charged an additional $7.00 per day.
The representative stated that he could not find a record of the original posted amount that caused the overdraft and asked me where I came up with the $358.83 amount. I told him that it was in the statements I received from US Bank Recoveries. He said the charges appeared to him to be fraudulent as he could see no record of them on my statements.
I asked him if there was anyone else at US Bank I should contact to try to resolve the matter and he said the Recoveries Department has done all they can for me. I asked him what the best way to resolve the situation would be and he suggested I contact an attorney. He offered to send the account statements to me and I received them in mid-March.
Unfortunately, the statements are not helpful, though, because they are reports of summary balances and do not show how the original charge was made or who it was to. I still cannot determine what exactly I was being charged for in the first placewho charged me and how it was posted to my account.
A couple of weeks later I received a letter dated March 19 from the Attorney General's Office, enclosing a letter they received from DMK & Associates, dated February 12. The DMK letter stated that they had closed my collections account and returned it to U.S. Bank.
On April 9, I received a call from from Weinerman & Associates, another collection agency retained by US Bank concerning the same account. Their representative claimed to know nothing about my dispute. I had to explain everything and fax information to her. I never heard from her again.
On April 15, I was contacted by Morris Law Group P.A., another collections firm (!) who advised they were retained by Portfolio Management Group (?) regarding the U.S. Bank account matter. I was told that the current amount due is now $495.19. I explained the situation and again agreed to fax my correspondence to this new collector, which I did the same day.
Yesterday, April 25, I received a bill in the mail from RL Morris & Associates, PLLC (evidently the same agency as Morris Law Group, P.A.) requesting that I pay the US Bank charges in full. I sent them the same dispute letter I've been sending to the other agencies and copied US Bank and the Attorney General's office.
I am at my wits end. The situation is becoming worse every day.US Bank refuses to substantiate a charge they posted to my bank account, which may be fraudulent, and instead, charged me overdraft fees and turned my account over to numerous collections agents.
Meanwhile, additional charges are being added to the account and I am receiving weekly, sometimes daily, calls from (now 3) different collections agencies. I have been forced to spend my time and money faxing, meeting with people, making numerous calls, and mailing letters, all in an effort to defend myself. I am concerned about my credit score and feel completely powerless to resolve this matter.
I have kept the Attorney General's office informed of all the developments in this matter and I am keeping excellent records. I plan to speak to my attorney next week for guidance on how to proceed. It's unfortunate and unfair that I should have to retain a lawyer and incur legal expenses in order to resolve the situation when it could be easily settled if US Bank would simply provide the information I have requested.
Erob12
St. Louis, Missouri
U.S.A.
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