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  • Lawyer talk

    I so love when SCs threaten to call their lawyer.

    I really wish they would, too. Pay to have someone try to get back your $18... which they won't be able to do, because our fee schedule is very clear AND you're an idiot.

    This lovely SC comes into my office because he wants to know why his account is closed.

    I pull up the account number in question and I see that last September (yes, ten months ago) an ACH withdraw from ZXY company bounced on his account. The $25 non-sufficient funds fee took the $18 that was sitting in the account and pulled it into the negative. After a negative account letter and three automated calls that all went to voice mail, the account hit 60-days negative. Because the negative was caused solely by our own fee, we refunded the negative amount to bring the account to a zero balance, then closed the account in poor standing. Last November.

    SC proceeds to inform me that he never authorized any charge from ZXY.

    Well, that may or may not be the case. If he had responded to any of the three phone calls, the negative balance letter or even, you know, LOOKED at his account sometime in the 60-days following the attempted withdraw, we probably would have taken his word at face value and refunded the fee. But what with it being TEN months later, it is far beyond the realm of any sort of dispute or fee refund.

    Plus, sir, your story has holes.

    You see, two weeks. Two little weeks before this attempted withdraw, your account was in dormant status. It was charged an inactivity fee of $5, and you came in, got that fee refunded, and re-activated the account with a small deposit. A few days after this event ZXY company made a small deposit, and then withdraw... much as a company might when they are trying to verify an account. You know, they ask you to tell them what the amount of the small deposits/withdraws were to show that it really is an account that you have access to? Then, barely a week later, that same ZXY company attempts the withdraw.

    Now, it might be possible that someone stole your account information to make the ZXY attempt. I have even heard of people who try the account authorization with thousands of different accounts until they luck into the correct two deposit figures. But the chances of someone doing this IMMEDIATELY following you coming in person to reactivate your account?

    No point accusing the SC of lying though. I simply reiterated that, as the fee happened well over 60 days ago and the account has been closed well over 6 months ago, we are not going to reopen it and refund our fee. He is welcome to open up a new account.

    He declared that he would be talking to his lawyer about this, and stormed out.

  • #2
    QUERY: Has anyone who has heard that threat every actually been sued or subpoenaed?
    I'm trying to see things from your point of view, but I can't get my head that far up my keister!

    Who is John Galt?
    -Ayn Rand, Atlas Shrugged

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    • #3
      YES. Only not me, a co-worker.

      Co-worker allowed a SC husband to use his valid general POA for his wife to move a large sum of money from her individual account to his individual account (they also had a joint account open). Turned out they were getting a divorce and she did sic her lawyer on us. Legal reviewed the matter with my co-worker, reviewed the copy of the POA that we imaged to the account to go with the transaction (we ain't stupid), and let the wife's lawyer know that if SC wife didn't want SC husband to take her money, perhaps she should revoke the general POA she gave him.... and let all her financial institutions know as his copy of the POA doesn't exactly say it's revoked. She can, of course, sue him for using the POA for his own benefit, but we certainly didn't do anything wrong by following it.

      btw, NEVER give someone a general POA without an expiration date unless you are VERY positive that you want it to be valid until death-do-us-part. And maybe not even then. Those things are powerful.

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      • #4
        He's going to talk to his lawyer about a six-month-old $25 fee, and an account that he never noticed was closed until now?

        Oh, well, why not? His attorney can probably use a good laugh.
        When you start at zero, everything's progress.

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        • #5
          I hope in that case (for his sake), the initial consultation was free...$200 over a $25 dispute. Consider a small-claims show. OTOH, even Judy would call that SC on wasting court time.
          I'm trying to see things from your point of view, but I can't get my head that far up my keister!

          Who is John Galt?
          -Ayn Rand, Atlas Shrugged

          Comment

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