• Report: #129259

Complaint Review: US BANK

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  • Submitted: Friday, January 28, 2005
  • Last Posting: Wednesday, March 03, 2010
  • Reported By:Meridian Idaho
US BANK
CHERRY LAND & 10 MILE MERIDIAN Idaho 83642 U.S.A.
  • Phone: 208-895-8545
  • Web:
  • Category: Banks

US BANK SCANDALOUS PRACTICES! ripoff! MERIDIAN Idaho *EDitor's Suggestions on how to get your money back into your bank account!

*Consumer Comment: Finally, some common sense.


1Author 10Consumer 0Employee/Owner

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US Bank sent my house payment to my Mortgage Company on Dec 31st one day before my scheduled payday. My payments are set up to come out on the first of the month but because they were closed they did it a day early causing my account to be overdrawn.

Next my regular paycheck that would have went into my checking account on December 30th was returned by US Bank because it went into the old account. When I checked my balance and found that I was overdrawn I went into the bank to talk to the Bank Manager. I explained what happened. He said he would work with me.

I stopped into another US Bank to see what could be done about my paycheck and one of the mgr's called the corporate office. They instructed her that my paycheck had already been returned after being put through twice. They also said if I had came in earlier before 12 they possibly could have been snagged and put into the right account.

This SNAFU caused five $33.00 charges which I had no control over. I felt that it was not my fault that they put the mortgage through one day earlier than was scheduled so I demanded a refund for all OD charges.

My bank manager said he would get back to me. He did not. One week later I called him. He stated "the VA is responsible". I spoke to the VA personnel who by then had issued a emergency check and typed a letter explaining that I had no conrol over this matter. I called Mr. Birk back and faxed him a copy of the letter. He said he would get back with the VA before he could make a decision.

He said he could not return any overdraft charges. I then emailed the US Bank and complained which they sent to Mr. Birk. He told them that I had refused to answer his calls. He had called that same day once at 4PM on my cell phone. I didn't get the call until I turned on my cell phone. That was the only time he had called.

I wasn't satisfied so I went to the US Bank on Cherry and they did credit my account for $99.00. I called the 1-800-872-2265 and asked why they did not refund the complete amount. I was told that it was up to my Mortgage Company that would be responsible for the other $66.00 since they were the ones that pulled the money out early.

I called my Mortgage Company and did a three way. When US Bank said that it was their responsibility to reimburse me she explained they had nothing to do with money coming out of my account. The bank sends them the payments. The person said let me go check. They then came back and said that because they had refunded $99.00 of the overdrafts they would not refund the other $66.00. I think US Bank has forgotten who pays their salaries. (cusotmers).

I will be closing my account with US Bank. I will tell all my veteran friends, co-workers etch the treatment I have received. I do not think US Bank is customer oriented. I also think the Branch Manager needs more training and a class on how to deal with all types of people.

Sharon
Meridian, Idaho

EDitor's Suggestions on how to get your money back!

HERE IS WHAT RIP-OFF REPORT SUGGESTS YOU DO:

Go to your bank within 60 days of the charge, or as soon as you know about the charge, don't delay, and tell them that there has been fraudulent activity within your account. Explain that you wish to file a dispute, and demand that they assist you in accordance with Federal Regulation E.

According to the majority of victims interviewed by Rip-off Report, those who immediately called their banks to dispute the charges did not get very far. Many victims got the following responses from their banks: “we could not do anything for you” or “you waited too long; it has been more than 60 days”.

If the bank is says that you have waited too long, explain to them how you called their 800 number as soon as the charges were found, and were told by the bank that nothing could be done. Remind the bank that they failed to assist you properly at the 800 #, and instead, provided you with an inadequate explanation of your right to dispute. Tell the bank that it's their fault time has expired, and since they gave you the wrong info to begin with, they will just have to deal with it, take the loss and reverse the charges.

Tell them the truth; this was unauthorized and your account was NOT to be charged! Keep emphasizing how you never authorized anything! Direct them to the hundreds of victims reports that were filed on Rip-off Report.com. And if you're at the bank, walk them over to their computer and make them go to this site! If you are on the phone with them, tell them you will wait while they access this site! Either way, be persistent!

DO NOT TAKE NO FOR AN ANSWER!

Let them know nicely, that you were advised to Report them (the Bank) and this situation to the Banking Commission in your state. Since each state has a different name for the agency/controller over banks, find that name before you call or get to the bank so you can throw it in their face. The more knowledgeable you appear to be, the further you will get.

And just continue to demand the Federal Regulation E form! The bank CAN, MUST and WILL reverse the charge! But, you must be persistent; ask to speak to the supervisor or the area manager for all the branches in the state.

Let the bank personnel know you are meeting with the media later in the day, that you would much rather they do the right thing (as most other banks have) by looking at the complaints and immediately reversing the charge(s) to your account; no matter how long ago it was. Be sure to call the Media if necessary so you are telling the truth.

If you have to, be loud (but nice) in front of other customers. If you are just calling by phone, the above tactics should still work. The bank can easily fax or mail to you the Federal Regulation E dispute form.

CHARGES TO YOUR CREDIT CARD

If the charge was to your credit card (not debit card, check card, or checking account), contact the credit card company as soon as possible to request a dispute form. Consumers usually have a little longer to dispute fraudulent credit card charges (up to 6 months), but it is better to act right away. In this type of situation, credit card disputes are usually successful since fraudulent companies often won't contest the disputed charge. In rare cases, credit card companies will review disputes, but refuse to reverse the charges. If this occurs, complain to a manager and let them know you will be filing a report here.

Remember… Don't let them get away with it! Make sure they make the Rip-off Report .. The more Reports filed on a Company or individual, the more likely it is that the authorities, media and attorneys will want to take action.

And good luck… Let us know how you do!

ED Magedson – Founder, Rip-off Report.com & Author of www.ripoffrevenge.com
EDitor@RipoffReport.com
badbusinessbureau.com
www.ripoffreport.com

Don't let them get away with it.™
Make sure they make the Rip-off Report!

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This report was posted on Ripoff Report on 1/28/2005 12:14:13 PM and is a permanent record located here: http://www.ripoffreport.com/banks/us-bank/us-bank-scandalous-practices-6fe5d.htm.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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Updates & Rebuttals

#1 Consumer Comment

Not the bank's fault.

AUTHOR: I am the law - Chicago (USA)

Um, I hope you realize that January is a non banking day. (It's New Years, obviously). So, when it comes to your auto pay, yes, the bank will pay it one day early if the first is a holiday so as to not make the payment late. The fact that you didn't have the money in your account on 12-31-09 tells me you probably would've overdrafted anyway. How the calendar is made is not the bank's fault.
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#2 Consumer Comment

It's never the banks fault..right???

AUTHOR: Ronny g - North hollywood (USA)

Lets review I am the laws post..and then add reality to it...

"Um, I hope you realize that January is a non banking day. (It's New Years, obviously). So, when it comes to your auto pay, yes, the bank will pay it one day early if the first is a holiday so as to not make the payment late. The fact that you didn't have the money in your account on 12-31-09 tells me you probably would've overdrafted anyway. How the calendar is made is not the bank's fault. "

Um..your reply is irrelevant. Even if this customer "probably" would have overdrafted...that would be a single fee...why then was this loyal customer subjected to 5 overdraft fees?

If you actually read and comprehended this report instead of the usual shoving of your head up this banks buttocks....you would notice even the bank agrees and stated that the VA is responsible.

So why not this bank take it out with the VA? Why punish this customer when even the VA faxed a letter stating this customer is not responsible?

I understand that this bank has no reason to honor a veteran or help any American citizen who happens to be a customer that inadvertently runs into a problem that is NO FAULT OF THEIR OWN...but I believe the reason the editor of this site has posted a possible recourse...is because it is clearly evident that this customer was ROBBED...by their own bank..imagine that?

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#3 Consumer Comment

Further debunking of "I am the law"...

AUTHOR: Ronny g - North hollywood (USA)

"Um, I hope you realize that January is a non banking day. (It's New Years, obviously).

"January" is not a day..it is a month. I think you meant to say January 1st. I only mock you because you would have done the same.

So, when it comes to your auto pay, yes, the bank will pay it one day early if the first is a holiday so as to not make the payment late.

I thought you said "January" was a holiday. That would mean the bill could not be late..since it is a national holiday. The payment being submitted on the 2nd would not be late..as January first is not considered a business day..adding more to the irrelevance of your reply. Honestly now, does the bank really care if the payment is late?? Apparently all they care about is any reason they can to pillage their customers.


The fact that you didn't have the money in your account on 12-31-09 tells me you probably would've overdrafted anyway. How the calendar is made is not the bank's fault.
"

Regardless, the bank and the VA stated this was NOT the customers fault...so again..your point?...

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#4 Consumer Comment

Want to play hardball? Fine.

AUTHOR: I am the law - Chicago (USA)

That's the best you guys got? I forgot to put in the "1" after the month in my last response and you're capitalizing that???

Ok, some people are that petty, I suppose. But anyway, you guys are still dead wrong. January 1st is a holiday. Go ahead and try to dispute that. So, the bank took the payment on 12-31 because, if they didn't, the payment wouldn't draft until 1-4-10 (considering 1-2 and 1-3 are on the weekend).

So, it comes down to this. In this case, either the bank took the payment on 12-31 or made it late. Which would you prefer? You whine that USB was forced to pay it a day early and you'd whine if they paid it late. Talk about a no-win situation. You act like the bank is trying to make you overdraft. For crying out loud, why don't you Google what a "banking day" is. (Spoiler alert: it's a non-holiday, non-weekend day)

The same situation would happen if the first of the month would fall on a weekend; it'd be taken the business day before. Much like when you open up the account, you signed a document (in this case, on their website) stating that you have read, understand, and agree to all rules of USB Bill Pay. You have no one to blame but yourself for this situation. USB did nothing wrong.


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#5 Consumer Comment

Law lesson for I am the law...

AUTHOR: Ronny g - North hollywood (USA)

I do agree it was petty to mention the January 1st, but I did state I only did it because I have seen you be that petty as well..and insult grammar and spelling errors..as if that gives a report any more or less credibility. There is no rule that says someone should not lodge a complaint because of their typing or spelling skills..and there is no rule that says someone was not ripped off because of typos.

But all that nonsense aside..lets look at the law..and what a banking day is...

You know not much of the law, due process, evidence, consumer rights, the constitution, or even human rights for that matter. For someone with the nerve to call them-self "I am the law", perhaps you should actually learn a little about it, and how the law and rights actually are supposed to work...which is not  "kangeroo court", but the actual law.

The maxim, innocent until proven guilty, was incorporated and is the principle in the UN Declaration of Human Rights from 1948 under article eleven, section one.

"The presumption of innocence – being considered innocent until proven guilty – is a legal right that the accused in criminal trials has in many modern countries. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond a reasonable doubt. In case of remaining doubts, the accused is to be acquitted. This presumption is seen to stem from the Latin legal principle that ei incumbit probatio qui dicit, non qui negat (the burden of proof rests on who asserts, not on who denies)."

Now technically the phrase "innocent until proven guilty" does not exist verbatim in the 5th amendment..but it is reasonable to presume if you understand the implications...

The Fifth Amendment of the U.S. Constitution reads, in part, "No person shall be ... deprived of life, liberty, or property without due process of law ..."

 What this means, in plain terms, is that constitutionally you cannot be executed, imprisoned, or fined without the proper course of justice taking place. Due process, itself, is not defined in the constitution, but is universally recognized as meaning what we term as "a fair trial."

A fair trial by a jury of one's peers requires that the jurors approach the case with the thought that the prosecution is required to prove the defendant guilty beyond a reasonable doubt. Since the trial begins with the prosecution not having introduced a single piece of evidence, it follows that a defendant must be innocent, until proven guilty.

From one of my banks "terms and agreement"  which most bank defenders are so ignorantly fond of..

 When do bill payments get processed?

Payments get processed at 9:30 PM Monday through Friday. You can schedule, cancel and / or edit payments anytime before that time. Payments are not processed on Saturday, Sunday or Federal Holidays, but if you are scheduling your bill payments using the built-in calendar function, that is taken into consideration. Any payment that is scheduled for a Saturday, Sunday or Federal Holiday will be paid the following business day.

From the Federal code:

Late payment fees.

Code of Federal Regulations -

In the case of a late payment, interest shall accrue beginning the date of the designated payment except that, whenever the due date falls on a Saturday, Sunday, or a United States legal holiday.

From the Federal LAW regarding credit card payments:

Credit Card Late Payment Fees & Federal Law
 
If the due date falls on a holiday or weekend, the due date falls on the next business day.

From random bank terms found by an quick internet search:

Scheduled payments are processed Monday through Friday at 2:00 AM and 12:00 PM Eastern Standard Time. Payments scheduled in advance of a weekend or federal holiday will be processed on the day preceding the weekend or holiday. Payments scheduled on a weekend day or federal holiday will be processed on the first business day following the federal holiday.

So this US Bank is some kind of "maverick"? Or they care so much about their customers that they don't wish them to be late with a payment?...  Or, does not follow federal law and policies other financial institutions do in hopes of increasing the chance of accruing overdraft fees? Which one does any reasonable person think is most likely the case? I use the term "reasonable" because some here are not reasonable... better terms would be "biased" or "presumptuous"..."absurd" comes to mind as well.





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#6 Consumer Comment

But, I am the law..regardless....

AUTHOR: Ronny g - North hollywood (USA)

..of us quibbling back and forth about what a federal holiday is..and what a "business" or banking day is..or why this banks policy seems to go against the norm, lets take this report for what it is.

1) The BANK put the mortgage payment through one day earlier then scheduled..I guess that is the customers fault.

2) The banks policies turned what at worst should have been a single overdraft fee..into FIVE, I guess this is the customers fault too?

3) The bank manager at one point said he would get back...he did not. The customers fault I guess again?

4) One week later, the customer calls the bank again..and the manager states the VA is responsible....the customers fault?

5) The bank manager stated that the customer refused to answer his "calls" but only ONE call was made. I guess it is the customers fault that this bank does not know the difference between singular and plural...now that's customer service for ya.

6) The bank is trying to blame the VA, yet the VA explained on the 3way call that they have nothing to do with the money coming out of the account. The bank chose to send the payment early..

The list could go on..but what has happened here is the bank caused this issue, the bank is the one charging the fees, had the bank paid after the holiday if it was the due date, the customer legally could not be penalized since it is federal LAW that the due date is moved up if it falls on a weekend or federal Holiday..which coincidentally News Years day qualifies.. So what really was the point? And why not this bank help out a customer who by even the banks admission..this was not the customers fault? The bank expects the customer to go after the VA for the rest of the refund..when it was the BANK that took the money for THEIR fees unjustly. If the bank blames the VA, the bank should go after the VA..but that is not as easy as simply robbing it from the customers account.

So you can shove the terms and contracts where the sun don't shine, sometimes in life it is expected for the right thing to be done when a CUSTOMER has a problem that was beyond their control. What would it really cost the bank in this case to simply do the right thing?

Oh, that's right..I forgot. In the Kangaroo court the "right" thing means nothing. All that matters is finding a way to justify what the bank has done regardless of the repercussions and financial burden it puts on it's own customers..I wouldn't expect you to understand, but perhaps others who read this will. I am sure all the veterans are proud of the treatment this bank is giving.

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#7 Consumer Comment

You still didn't answer my question.

AUTHOR: I am the law - Chicago (USA)

You still didn't answer my question.

Obviously, you agree that USB COULD NOT pay the mortgage payment on January 1st.

So, AGAIN I ask, would you prefer that USB make the payment late or take it a day early? If you respond to this, please flush your personal comments, political rantings, and legal copy and paste bullcrap.

It's really a simple question.


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#8 Consumer Comment

The question was answered..

AUTHOR: Ronny g - North hollywood (USA)


This bank..and any bank that is automatically making payments..should make it on the due date. If the due date is BEFORE a weekend or federal holiday, the payment is made a day early..if the payment is due ON a weekend day or federal holiday, the payment is made THE FOLLOWING BUSINESS DAY.

Simple enough?


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#9 Consumer Comment

RonnyG, what do the Terms and Conditions of the account state?

AUTHOR: Truth Detector - Intercourse (U.S.A.)

Did you or this pinhead even bother to read them?

I find it rather telling that your posts almost always whine about what should be rather than what reality happens to be.

U.S Bank doesn't just pull these policies out of a hat. They have people far more intelligent than you formulating policies completely consistent with the Terms and Conditions every customer voluntarily signs. If this moron didn't bother to read the Terms and Conditions before signing to open the account, then he must accept the consequences of such negligence.

No rip-off here...just another person who feels that rules he agreed to prior to opening an account shouldn't apply to him.


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#10 Consumer Comment

Finally, some common sense.

AUTHOR: I am the law - Chicago (USA)

Thank you, Truth Detector.

It's nice to know that someone still has some common sense on ROR.

Anyway, our friend, Ronny G, said...

"This bank..and any bank that is automatically making payments..should make it on the due date. If the due date is BEFORE a weekend or federal holiday, the payment is made a day early..if the payment is due ON a weekend day or federal holiday, the payment is made THE FOLLOWING BUSINESS DAY."

Ok, let's explore that. Let's say that USB changed their policy, so that if a payment due date fell on a weekend or holiday, they'd make it on the following business day versus one business day before....

Did you ever consider that doing so would cause the customer to get some sort of late fee or interest penalty from the party that the payment was for? Didn't think of that, did you, Einstein? So, if that was the case, you and the rest of your negligent bretheren would whine that USB caused you get a fee from them. Basically, you are putting USB in a no-win situation. Either it comes out a day early and the customer MIGHT not have enough in their account or it gets paid late and then you pay whatever penalty with the mortgage company. Customers should plan their finances around how the due date falls. Period.

Truth Detector is right. These policies weren't just pulled out of a hat. The customer agreed to them when they opened up the account and when they signed up for USB Bill Pay. You act like USB is trying to make people overdraft. If you want to blame someone (in addition to yourself, obviously, for not understanding or reading the bill pay policies), try pointing your little finger at the people who put your paycheck in the wrong account.  


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