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Report: #459928

Complaint Review: Bank Of America - Springfield Tennessee

  • Submitted:
  • Updated:
  • Reported By: Springfield Tennessee
  • Author Confirmed What's this?
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  • Bank Of America Memorial Blvd Springfield, Tennessee U.S.A.

Bank Of America Purged $3,600 check from account, then started charging unfair overdraft fees. Springfield Tennessee

*Consumer Comment: Make sure to 'Google' this- INSIDE THE MELTDOWN, and watch it on the web!

*Consumer Comment: Not at all.....

*Consumer Comment: The Teller is Innocent, but STILL a RIPOFF

*Consumer Comment: Ahhh...

*Consumer Comment: You Would Make a TERRIBLE Defense Attorney

*Consumer Comment: Don't forget to watch 'BREAKING THE BANK' on your PBS station Tuesday evening!

*Consumer Comment: Don't forget to watch 'BREAKING THE BANK' on your PBS station Tuesday evening!

*Consumer Comment: Don't forget to watch 'BREAKING THE BANK' on your PBS station Tuesday evening!

*Consumer Comment: Don't forget to watch 'BREAKING THE BANK' on your PBS station Tuesday evening!

*Consumer Comment: Nope, you missed again...

*Consumer Comment: Employee's Mistake Leads to Fee Income for the Bank

*Consumer Comment: Not really...

*Consumer Comment: Check clearing

*Consumer Comment: Even More Answers

*Consumer Suggestion: Bank Waiting Period

*Consumer Comment: Earth to Edward...

*Consumer Comment: WORLDWIDE ALERT: The United States of America is a country whose economy thrives on....

*Consumer Comment: Several Answers

*Consumer Comment: You can 'Google' this- INSIDE THE MELTDOWN, and watch it on the web!

*Consumer Comment: A couple of questions...

*Consumer Comment: Ummmm...

*Consumer Comment: URGENT WORLDWIDE ALERT for ALL THE PEOPLE!!!!! IF YOU TAKE....

*Consumer Comment: Where your logic breaks down, Ed

*Consumer Comment: No Evidence of any Hold

*Consumer Comment: TAURUS 487, You can do something similar to what......

*Consumer Suggestion: You got 'em!

*Consumer Comment: Holding checks

*Consumer Suggestion: How to avoid OD/NSF fees.

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Bank of America has played their little overdraft fee game with us a couple times before but recently my husband and I had 2 home owners insurance checks come in from damages to our property after a lightening storm. My husband has a Business Account with Bank of America, with his name on the account only. The checks from our insurance were written in his name AND my name (remember this, it's important at the end), as I am, obviously, co-owner of this house. The first check was around $5,000, which he deposited into BOA account with no problems. Our second check came two days later, this is the $3,600 one. He takes it to BOA, deposits it, no problem. This was on a Friday. Through the weekend, completely unaware of any issues, we proceeded to buy groceries, pay bills and buy a new truck for our business. PLENTY of money in the bank, right? WRONG. Monday morning, he checks the account online to find 10+ seperate accounts in the negative, along with $34+ overdraft fees for every single one. Our check is no where to be seen on the account. He calls the manager at our local bank, "where is my $3,600 check?" She says she doesn't understand what happened and that she'll call us back in a couple hours. Phone is silent rest of the day.

Next afternoon, he calls her again. She says she spoke to her bosses and the check was purged from the account because it had MY name on it and he was not supposed to be allowed to deposit QUOTE "personal checks into the business account". 50% of his customers (self-employed) write their checks out to his personal name and he has never once had the bank return any of them. Not only that but I have proof that he deposited a check written SOLELY TO ME from my grandmother for my birthday 3 weeks ago! No problem with that one either!

We're lucky the truck dealer (among others) didn't press charges but they were very understanding when my husband called them immediatly to explain. BOA sent us a letter (very quickly, I might add) stating exactly what I've just said. With that letter in hand we went back to the truck dealer to RE-pay in cash (and had to pay THEIR own fees for "bad checks"), while there we showed the letter to their accountant who stated it was illegal what they did because so long as my husband signed the check, it should have been fine and the "personal name" thing was Bull****.

The letter also states our check was being held and would be here in 10 days. It was brought to our attention also that it is illegal for BOA to "hold" our check and their little 10 day deadline is running out quickly.

Anybody got any advice on how to get them back? They'll send us to some collections agency to get their stupid overdraft fees that we refuse to pay. BTW, we're closing the account and are now banking with SunTrust.

I've tried googling for class action suits, I know of the one from Collons but the deadline has run out and anyway I think THIS is a suit all its own....?

Taurus487
Springfield, Tennessee
U.S.A.

This report was posted on Ripoff Report on 06/09/2009 07:27 AM and is a permanent record located here: https://www.ripoffreport.com/reports/bank-of-america/springfield-tennessee-37172/bank-of-america-purged-3600-check-from-account-then-started-charging-unfair-overdraft-f-459928. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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28Consumer
0Employee/Owner

#28 Consumer Comment

Make sure to 'Google' this- INSIDE THE MELTDOWN, and watch it on the web!

AUTHOR: Karl - (U.S.A.)

POSTED: Sunday, June 21, 2009

It will enlighten you about our banking industry in the USA.

And don't forget to 'Google' & watch all of the following on the web-

BREAKING THE BANK PBS

THE OBAMA DECEPTION

AMERICA: FREEDOM TO FASCISM

* The above will enlighten you even more about the banking industry in the USA.

Thank you.

POWER TO THE PEOPLE

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#27 Consumer Comment

Not at all.....

AUTHOR: Striderq - (U.S.A.)

POSTED: Saturday, June 20, 2009

A company doing business as irt's supposed to is not a rip off. The bank may (in my opinion should) show more consideration here than in usual circumstances of an account holder overspending their accounts. But it comes down to the OPs depositing a check that many if not most consumers would know could not go through that account. Miscommunication, yes. Ripoff, no.

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#26 Consumer Comment

The Teller is Innocent, but STILL a RIPOFF

AUTHOR: Edward - (U.S.A.)

POSTED: Friday, June 19, 2009

Hold on to your hats, but......yes I'm going to come to the defense of the innocent Teller, while at the same time agreeing that TECHNICALLY, the husband and wife are partly to blame for trying to deposit their JOINT check into HIS business acount. Now that we've got that settled, here's where the ULTIMATE blame lies. The husband and wife CANNOT do anything except what the bank allows.

Based SOLELY on the facts explained by the OP, it's very clear this has been allowed NUMEROUS times for an extended length of time. So in this instance, here's a different possibility. Maybe the Teller DID NOT make an error, at least not in their own eyes. The Teller simply did what they've done NUMEROUS times for an extended period of time. Business as usual to them! One could argue that what happened here is ALLOWED and ACCEPTED to thousands of business accounts, everyday. Are you kidding me?

The only difference? This time, the processing department, bank manager, or whoever, decides in the 9th inning that NOW they're going to start following the rules. That's cool and all, but I'll quote you Striderq: 'I would hope the bank would be understanding'. Well said, Striderq and that's NO DIFFERENT than what I said in my earlier posts. That seems like a very REASONABLE resolution.

But as I said earlier, if they hand the check back DAYS LATER and they say 'We know we told you the desposit WAS good, and we know we told you that money was AVAILABLE to SPEND........but NOW it turns out we were wrong, but uh, we'll go ahead and keep those fees buddy'......

then yes, this customer IS an innocent victim of this HEARTLESS ripoff.

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#25 Consumer Comment

Ahhh...

AUTHOR: Striderq - (U.S.A.)

POSTED: Friday, June 19, 2009

but with enemies like you that have to make up their facts to try to support their claims then the banks don't need to worry about you. Was there mistakes made in this OPs transactions? Yes I have listed them. The teller didn't catch that it was a personal check going into a business account. This had happened in the past according to the OP. You accept, dwell and shout these out. However you seem to want to overlook, excuse and ignore the first mistake that started all of this. That's the mistake of the OP in trying to process a personal check through a business account, especially one on which only one payee is listed.
Basically Edward, you claim that every one of the bank reposrts is nothing but a case of the evil banks preying on the poor helpless, innocent victims. That's not the case in 99% of these reports and not the case in this one. The OP helped cause the problem . At least other posters and I try to help the OPs understand what happened and give them advice on how to avoid the problem in the future. You only advice seems to be 'You're a victim, you're going to stay a victim, nothing you can do can change your victimhood'. Gee really supportive but not worth a plugged nickel to the OPs or anyone else.

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#24 Consumer Comment

You Would Make a TERRIBLE Defense Attorney

AUTHOR: Edward - (U.S.A.)

POSTED: Thursday, June 18, 2009

Striderq, let me see if I got this right:

Quote #1: 'Hopefully the teller would catch it during the processing...'

Quote #2: 'but if not the check can be credited to the account and then when physically processed the people see the error...'

Quote #3: 'but it's not bank error.'

So uh.....what was 'the error' REFERENCED in quote #2? What error was there for the processing people to see?

Oh wait. You mean the 'error' where the employee didn't 'catch' the problem with the check during processing, as YOU stated in quote #1. Hopefully the teller would catch it.....but they DIDN'T. Hence, the teller made a mistake, the teller goofed, the teller made an ERROR. The teller is a BANK EMPLOYEE.......

But it's not a bank error. With defenders like you, the banks don't need enemies like me. :)

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#23 Consumer Comment

Don't forget to watch 'BREAKING THE BANK' on your PBS station Tuesday evening!

AUTHOR: Karl - (U.S.A.)

POSTED: Monday, June 15, 2009

It's a FRONTLINE special about the shot-gun marriage between Bank of America & Merrill Lynch.

And please 'Google' this- INSIDE THE MELTDOWN, and watch that Frontline documentary on the web too! You'll learn a LOT about the banking system in the USA, and who's really in control of America.

Quote: 'POWER is knowledge.'

POWER TO THE PEOPLE

P.S. You can 'Google' & watch all of the following on the web-

THE OBAMA DECEPTION

AMERICA: FREEDOM TO FASCISM

DID SPECULATION FUEL OIL PRICE SWINGS

9/11 PRESS FOR TRUTH

YOUTUBE CONDOLEEZZA RICE LIAR

Thank you.

I'm Karl, and I approve this Update!

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#22 Consumer Comment

Don't forget to watch 'BREAKING THE BANK' on your PBS station Tuesday evening!

AUTHOR: Karl - (U.S.A.)

POSTED: Monday, June 15, 2009

It's a FRONTLINE special about the shot-gun marriage between Bank of America & Merrill Lynch.

And please 'Google' this- INSIDE THE MELTDOWN, and watch that Frontline documentary on the web too! You'll learn a LOT about the banking system in the USA, and who's really in control of America.

Quote: 'POWER is knowledge.'

POWER TO THE PEOPLE

P.S. You can 'Google' & watch all of the following on the web-

THE OBAMA DECEPTION

AMERICA: FREEDOM TO FASCISM

DID SPECULATION FUEL OIL PRICE SWINGS

9/11 PRESS FOR TRUTH

YOUTUBE CONDOLEEZZA RICE LIAR

Thank you.

I'm Karl, and I approve this Update!

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#21 Consumer Comment

Don't forget to watch 'BREAKING THE BANK' on your PBS station Tuesday evening!

AUTHOR: Karl - (U.S.A.)

POSTED: Monday, June 15, 2009

It's a FRONTLINE special about the shot-gun marriage between Bank of America & Merrill Lynch.

And please 'Google' this- INSIDE THE MELTDOWN, and watch that Frontline documentary on the web too! You'll learn a LOT about the banking system in the USA, and who's really in control of America.

Quote: 'POWER is knowledge.'

POWER TO THE PEOPLE

P.S. You can 'Google' & watch all of the following on the web-

THE OBAMA DECEPTION

AMERICA: FREEDOM TO FASCISM

DID SPECULATION FUEL OIL PRICE SWINGS

9/11 PRESS FOR TRUTH

YOUTUBE CONDOLEEZZA RICE LIAR

Thank you.

I'm Karl, and I approve this Update!

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#20 Consumer Comment

Don't forget to watch 'BREAKING THE BANK' on your PBS station Tuesday evening!

AUTHOR: Karl - (U.S.A.)

POSTED: Monday, June 15, 2009

It's a FRONTLINE special about the shot-gun marriage between Bank of America & Merrill Lynch.

And please 'Google' this- INSIDE THE MELTDOWN, and watch that Frontline documentary on the web too! You'll learn a LOT about the banking system in the USA, and who's really in control of America.

Quote: 'POWER is knowledge.'

POWER TO THE PEOPLE

P.S. You can 'Google' & watch all of the following on the web-

THE OBAMA DECEPTION

AMERICA: FREEDOM TO FASCISM

DID SPECULATION FUEL OIL PRICE SWINGS

9/11 PRESS FOR TRUTH

YOUTUBE CONDOLEEZZA RICE LIAR

Thank you.

I'm Karl, and I approve this Update!

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#19 Consumer Comment

Nope, you missed again...

AUTHOR: Striderq - (U.S.A.)

POSTED: Monday, June 15, 2009

If you have a personal account in just your name and deposit a check made out to you AND your wife (and she's not there when it's deposited) it can't go into your account either. Hopefully the teller would catch it during the processing but if not the check can be credited to the account and then when physically processed the people see the error and can/will reverse the depsoit and then return the check. Not a bank err as in this example you (and in the post the OP) tried to process a check through the account that was not eligible to go through the account. I would hope the bank would be understanding in this case but it's not bank error.

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#18 Consumer Comment

Employee's Mistake Leads to Fee Income for the Bank

AUTHOR: Edward - (U.S.A.)

POSTED: Monday, June 15, 2009

Striderq,

Yes I agree with you in principle that a personal check 'cannot be' deposited into a business account if we want to get all technical. Had THE EMPLOYEE informed the husband of this UPFRONT and simply handed the check back, only then can you say the process worked correctly. No harm, no foul. But the way this was done actually then qualifies as a BANK ERROR, for which fees should still be refunded anyway.

The bank deposited and credited the check, giving the customers the indication they were free to spend. Then the bank realizes they made a mistake, 'bank error', and that error led to the customer spending money they 'were lead to believe' they had. So logically the bank should refund the fees because it was their mistake.

But THE BANK accepted the check, credited it, and THEN after the fact, said 'Whoops, we THE BANK made a mistake, sorry. Here's your $3,600 check back, but uh, we'll go ahead and keep those fees buddy. And we appreciate your business'.

That's the ripoff here.

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#17 Consumer Comment

Not really...

AUTHOR: Striderq - (U.S.A.)

POSTED: Saturday, June 13, 2009

The process worked correctly when the check for $3600 was rejected from the business account because it was a personal check. The customer may have expected it to go through but that was a false expectation. The personnel that processed the $5000 check did not follow proper procedures or it would have been returned also. Doesn't make it a rip off, just means some one's doing their job correctly this time. If you stop at McDonald's for a salad everyday at lunch and ask for an extra dressing, that dressing is supposed to cost. it the people on monday through Thursday don't charge because they don't know, don't care or ahtever and the person on Friday charges you, it's not a rip off. It's the way things are supposed to be done. The OP drew attention to the check and may have increased the scutiny of it. But the rejection of a personal check from a business account on which only one payee of the check is listed is NOT a rip off.

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#16 Consumer Comment

Check clearing

AUTHOR: Anonymous - (U.S.A.)

POSTED: Saturday, June 13, 2009

Back in 2005 I received a inheritance check. It was for $50,000. The check was from one bank to my bank. They told me it would take 3 weeks to clear. I was angry, I said forget it and went to close the account. Then it was 3 days for half, and days later the rest. I just couldn't believe they were questioning a check from another local bank 3 miles away. 3 weeks? My bank does that with tax refunds, do they think the IRS is going to give a bad check?

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#15 Consumer Comment

Even More Answers

AUTHOR: Edward - (U.S.A.)

POSTED: Saturday, June 13, 2009

V..e..r..y S..l..o..w..l..y for Striderq:

I read and UNDERSTOOD the OP's words. I'm well aware of all the previous personal checks that had been previously deposited, including the birthday check from the Grandmother. They were not scrutinized, in your opinion, because of the small amounts.

Fast forward to this incident. Check #1 from the insurance company is deposited and posted without incident in the amount of $5,000. It wasn't scrutinized either, just like all of the other checks. Again, this was BEFORE the $3,600 check.

Now we get to that $3,600 check. It's deposited and then REMOVED, after the fact. As stated earlier, there is NO OTHER explanation, such as being deposited at an ATM, after cutoff, or any ten day HOLD. This is not speculation. This is FACT because NONE of these explanations were given by the BANK MANAGER. So don't question me. Question the BANK MANAGER.

So the REAL question is, if there was such a problem with this insurance check and the names on it, then why didn't the FIRST check BEFORE IT, have this same problem. After the explanation was finally given by the BANK MANAGER, the REAL question in return should have been, 'So what are you going to do now with the first check which you DEPOSITED and POSTED two days before this one? I doubt you've discovered anything fraudulent about the FIRST check, so is that money no good either? Are you now going to go back four or five days and PURGE the $5,000 for the FIRST check, after the fact?'

No doubt, that's the ripoff here.

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#14 Consumer Suggestion

Bank Waiting Period

AUTHOR: Lamar - (U.S.A.)

POSTED: Saturday, June 13, 2009

Most banks have a 10 day waiting period for checks that are deposited into your account. In normal times a local bank would over look the waiting period, but "Honey" This Ain't normal times. They have the right not to let you with draw untill the check has cleared the clearing house. I wouldn't listen to a pencil pusher at a car dealership.
My best advice is to pay the fees and move on. I learned from experience the cost of standing on principle. the cost can not only be monetary but Physical as well as mental.
The question you have to ask yourself is "Are you ready to waste precious time and resources to show them!!
If your answer is YES, Then good Luck.
You may win this battle, but you'll lose the war.

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#13 Consumer Comment

Earth to Edward...

AUTHOR: Striderq - (U.S.A.)

POSTED: Saturday, June 13, 2009

Please read and accept the OPs words. This is in response to the claim of the check written solely to the OP was processed. The OP stated that personal checks were cashed through the business account before this incident. If the previous checks were of a low dollar amount ($100 or less) they are given less scutiny than a check of $3600.

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#12 Consumer Comment

WORLDWIDE ALERT: The United States of America is a country whose economy thrives on....

AUTHOR: Karl - (U.S.A.)

POSTED: Friday, June 12, 2009

FRAUD, CORRUPTION, DECEPTION, GREED, TRICKERY, MANIPULATION, LIES, & the CONSTANT PURSUIT TO FINANCIALLY INJURE INNOCENT PEOPLE!

Please 'Google' & watch all of the following on the web-

AMERICA: FREEDOM TO FASCISM

INSIDE THE MELTDOWN

THE OBAMA DECEPTION

9/11 PRESS FOR TRUTH

BUSH'S WAR

DID SPECULATION FUEL OIL PRICE SWINGS

YOUTUBE CONDOLEEZZA RICE LIAR

Thank you.

Have a nice weekend!

POWER TO THE PEOPLE

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#11 Consumer Comment

Several Answers

AUTHOR: Edward - (U.S.A.)

POSTED: Thursday, June 11, 2009

To Ken: Your point that is was an insurance check and the risks involved for the bank are well taken. Just one problem. Why didn't same concern exist with the same action taken for the first check, which was an even HIGHER amount.

To Striderq: You said, 'The previous check probably went unnoticed due to the amount of it. It wasn't large enough to cause concern.' Earth to Striderq. The FIRST insurance check was a LARGER amount than the SECOND check which was scrutinized.

To Robert: Same response to you as it was to Ashley. If there were any OTHER reason for the desposit not showing up, like being made at the ATM or after cutoff, then SURELY the BANK MANAGER should have quickly seen this OTHER reason and quickly advised the husband.

Two virtually IDENTICAL checks. Both from the SAME insurance company. Both for very LARGE amounts. Both made out to husband and wife. One check deposited, posted and cleared without incident. The other check deposited and then purged. The Bandits of America giveth, and then they taketh away.

Barring any other LOGICAL explanation, sorry, that's the ripoff here.

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#10 Consumer Comment

You can 'Google' this- INSIDE THE MELTDOWN, and watch it on the web!

AUTHOR: Karl - (U.S.A.)

POSTED: Thursday, June 11, 2009

Then 'Google' all of the following & watch them on the web too-

THE OBAMA DECEPTION

AMERICA: FREEDOM TO FASCISM

9-11 PRESS FOR TRUTH

DID SPECULATION FUEL OIL PRICE SWINGS

CHINA INVESTMENT AN OPEN BOOK

YOUTUBE CONDOLEEZZA RICE LIAR

I'm Karl, and I watched all of them on the web.

SPREAD IT ALL OVER THE WORLDWIDE WEB!

Thank you.

POWER TO THE PEOPLE

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#9 Consumer Comment

A couple of questions...

AUTHOR: Robert - (U.S.A.)

POSTED: Thursday, June 11, 2009

The OP has not updated this post but they left a couple of important items.

What time on Friday was the Check Deposited, and by what method?
If it was by an ATM and after the Cut-Off time this would explain why the check was not "showing up" on Monday. It probably wouldn't even be processed until Monday night, and would explain why it couldn't be seen.

Was the home part of the business?
If not the bank could very well have kicked it back because this could raise questions by the Insurance Company. Not only that but if you are ever audited by the IRS how are you going to explain why you deposited all of these PERSONAL checks into a BUSINESS account.

It could be very likely that the OP's inquiry on Monday actually caused the hold. They had to do reasearch to "find" the check. So while the others slipped through without review, this one was stopped. Had she not questioned it on Monday, there was probably a good chance it would have shown up in the account on Tuesday without issues.

As for the legal advise from the dealer. They want your business, do you really think they are going to say that the bank was right and you are wrong when you just bought a truck from them? If they did not only would you be still upset at the bank(because you would still think they are wrong), but now probably come here and write a report on them.

One other question is that is the "hold" on the funds being available, or the amount of time before they return the physical check to you?

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#8 Consumer Comment

Ummmm...

AUTHOR: Striderq - (U.S.A.)

POSTED: Thursday, June 11, 2009

Why in the world would accept the word of someone who works for the truck dealership has to how bank accounts work? If this is a business account as you state, then it is for business purposes only. No personal checks should be deposited into it. The previous check probably went unnoticed due to the amount of it. It wasn't large enough to cause concern. This check was large enough to cause a second look. The reasons it was rejected include business accounts can not accept personal checks and the check made out to both of you and the business account has only your husband's name on it. With the check made out to both of you, both would need to go to the bank and show identification. This is to protect both of you, so that one party doesn't forge the other's name. That way the bank has proof that both of you want the check processsed but it would still have to go through a personal account not a business account. The reason business checks made out to your husband can be accepted is that he is listed by name on the account. but since you didn't indicate your name is on the business account this caused the check to not be accepted. It should be returned to you and you can redeposit it into a personal account with both names.

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#7 Consumer Comment

URGENT WORLDWIDE ALERT for ALL THE PEOPLE!!!!! IF YOU TAKE....

AUTHOR: Karl - (U.S.A.)

POSTED: Thursday, June 11, 2009

FRAUD, GREED, DECEPTION, CORRUPTION, TRICKERY, LIES, MANIPULATION & the CONSTANT PURSUIT TO FINANCIALLY INJURE INNOCENT PEOPLE OUT of the U.S. economy, then the U.S. economy would COLLAPSE because these are the elements that are necessary to keep the U.S. economy going, wouldn't you NOW agree?

The USA is a country that THRIVES on those tactics in order to sustain its economy. It can't be denied! Major corporations would FAIL if they didn't continue to DEFRAUD consumers! We live in a society that BELIEVES that financially injuring people is simply a way of doing business, don't we?

WELCOME TO AMERICA- IN FRAUD WE TRUST!

P.S. Don't forget to 'Google' all of the following & watch them on the web-

THE OBAMA DECEPTION

INSIDE THE MELTDOWN

AMERICA: FREEDOM TO FASCISM

9-11 PRESS FOR TRUTH

DID SPECULATION FUEL OIL PRICE SWINGS

CHINA INVESTMENT AN OPEN BOOK

YOUTUBE CONDOLEEZZA RICE LIAR

Thank you.

I'm Karl, and I approve this Update!

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#6 Consumer Comment

Where your logic breaks down, Ed

AUTHOR: Ken - (U.S.A.)

POSTED: Thursday, June 11, 2009

Everything you say is valid...except... this was not a personal check, it was an insurance check. The negotiation of an insurance check is part of the contractual process of settling a claim; in other words, by both parties agreeiing to the settlement amount by depositing the check, the claim is closed. These items get extra scrutiny, because teh bank knows that the insurance company will charge it back if there are any irregularities.

The check was deposited into an account on which both parties were not signers, and further, it was a non-business check going into a business account. Both are valid reasons for returning the deposit. Moreover, the IRS and any kind of auditing agency frowns on the comingling of funds.

Remember, this poster got her legal advice from a car dealer. That should tell the whole story.

She is correct that they will report the charged off fees. What I think she may not realize is that SunTrust will get that same report, and that they will either close the new accounts because of it, or compel them to pay back BoA as a condition of keeping the new accounts open.

The best course of action is just to bite the bullet and pay BoA, then walk away from them.

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#5 Consumer Comment

No Evidence of any Hold

AUTHOR: Edward - (U.S.A.)

POSTED: Wednesday, June 10, 2009

This is in response to Ashley. Everything you stated in your post regarding deposit holds is correct. However, NONE of that applies here. Read the OP again, and see if you detect any indication these checks were possibly held. Let me point out a few clues.

Past deposits of personal checks had been made to this business account numerous times. Surely if any of these past deposits looked suspicious and if any of them were held, the husband would be quite familiar with deposit holds and procedures.

Next, as stated on their website and mentioned in your post, whenever these check deposits are held, the customer is ALWAYS notified. Either by the teller, if made in person, or by letter if made at the ATM. Now given the large amount of the checks, and if in fact they were held, it sure seems likely the teller would have alerted the husband of this. And knowing this, they wouldn't then go out and overspend.

Finally, notice the response of the BANK MANAGER. She is ALSO confused. Keep in mind this is the BANK MANAGER. Surely if it was something as simple as a hold, I would expect that even a teller would quickly see it show up on the screen, not to mention the BANK MANAGER. And then after being called back the next day, STILL no mention of any hold. Only then is the 'alleged' problem mentioned with the second name on the check.

And since it was never an issue with any checks in the past, that's the ripoff here.

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#4 Consumer Comment

TAURUS 487, You can do something similar to what......

AUTHOR: Karl - (U.S.A.)

POSTED: Tuesday, June 09, 2009

Jerry did when the Toyota dealership wouldn't help him regarding the engine sludge that had developed his 2007 Toyota Camry Hybrid that was still under warranty

He put VINYL LEMONS all over his 2007 Toyota Camry Hybrid, and then he parked it outside the Toyota dealership handing out fliers to people, & exposing his problem.

IT WORKED!

'Google' this- RIP OFF REPORT TOYOTA VOIDED WARRANTY DUE TO ENGINE SLUDGE, and read Jerry's Rip Off Report, then read his 'Update' entitled- 'Toyota has second thought', which he posted a few days later.

You see, 'EXPOSURE IS A CORPORATION'S WORST FEAR', wouldn't you agree?

POWER TO THE PEOPLE

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#3 Consumer Comment

Holding checks

AUTHOR: Ashley - (U.S.A.)

POSTED: Tuesday, June 09, 2009

Its not illegal for a bank to hold a check. They can legally hold a check and not release the funds until they have recieved the funds for the check. Most banks say they can hold a check 7-10 days and will usually be in the account holder's agreement. You should never spend money you don't have ye, which is what happened here. Look at it from the bank's perspective, a large check from a check writer that could be suspicous, (most check fraud is done with insurance checks) is deposited in your account. Then you go haywire immediately spending all the money before they have a chance to check the validity of the check. It looks suspicious from their end.

From their website:

"" What Happens When a Deposit is Held

When we place a hold on a deposit, you'll be able to access the funds when the hold expires (generally within 3 to 5 days) so long as the deposited item is not returned unpaid. Note that we will notify you at the time of the deposit or by mail if we place a hold on your deposit so that you don't inadvertently overdraw your account. Remember, it's important to be sure the deposited funds are available in your account before you spend the money. Use Online Banking or Mobile Banking to check availability.

If we place a hold on a deposit you make at a Banking Center, most often your teller will notify you of the hold at the time the deposit is made. If we place a hold at a later time or on a deposit you make at an ATM, we'll send you a notice of the hold by mail. ""

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#2 Consumer Suggestion

You got 'em!

AUTHOR: Jeanski - (U.S.A.)

POSTED: Tuesday, June 09, 2009

Sounds as if you have them dead to rights on not accepting the check for deposit. However, I think I can understand the NSF fees. If the second check was deposited on Friday, then the first check was deposited on Wednesday, correct? (you did say it was two days later). Since they were large checks, BOA probably held them until they cleared. Your account balance before those two deposits was apparently insufficient to cover all the checks you wrote that weekend. That one is on you. My bank will hold checks for up to 10 days (which is legal) if they're that large. it's a pain, but it's also a reality. You should make sure the check deposits have cleared before you write checks/process debits against them.

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#1 Consumer Suggestion

How to avoid OD/NSF fees.

AUTHOR: Robert - (U.S.A.)

POSTED: Tuesday, June 09, 2009

Using an account register and reconciling that register with a monthly account statement from the bank will prevent any account holder from causing any NSF/OD fees.

The majority (if not all) of the reports I've read about NSF/OD fees have common behaviors of the account holders:

using atm cards for everyday purchases.
using more than ONE card attached to the account (husband and wife)
using atm cards for online purchases.
using atm cards for 'auto-bill pay' (autodebits)
relying upon telephone or online account balances to determine what money is available for that shopping trip to Walmart.
*NOT using an account register.
*not reconciling an account register with the scheduled monthly account statement generated by the bank.

Ways to avoid these NSF/OD fees:

1. Use an account register and reconcile the account register with a monthly written statement generated by the bank. If the bank is not mailing statements, contact customer service to have monthly statements MAILED to you.

1a. Be aware of ATM fees, such as the 'non-bank ATM fee' that most banks charge when you use an ATM that is not owned by your bank to make a withdrawal and post that fee in your account register immediately.

1b. Also be aware of any monthly 'account service fee' charged by your bank and post that to your register on the appropriate date.

2. Do NOT GIVE bank account information (or ATM card info) to any merchant, service provider, utility, online service to pay for services and goods. Use a REAL credit card for this purpose (either secured cc or unsecured cc.) Do not setup any automatic deposit to an account that is attached to said cc-NO auto payments to CC company-mail a check each month. If the entity demanding payment makes a mistake, you're gonna have a host of problems and risk OD/NSF fees.

3. Do NOT use an ATM card for everyday expenses-USE CASH. Establish a monthly budget and withdrawal a weekly 'allowance' for every day expenses such as 'milk and bread' from the corner store, Burger King, etc. This will reduce the amount of transactions on the bank account which in turn makes RECONCILING the account and detecting ERRORS easier to accomplish. Again, if the entity demanding payment makes a mistake, you're gonna risk NSF/OD fees.

4. Do not shop with the ATM card-use a real credit card. A real credit card offers protections that you don't have with an ATM card. If the merchant/service makes a mistake, you can dispute it with the CC company WITHOUT getting any OD/NSF. Not true if you use an ATM card-if the merchant makes a mistake, your money is gone until you can convince your bank to give it back, as well as OD/NSF fees.

5. ONLY ONE ATM CARD to one account. Do NOT have 2 or more atm cards for one bank account. Having 'his and hers' ATM cards attached to the same account is the same as in the old days when some folks would have 2 checkbooks for writing checks. It was an invitation to disaster then, and it is today.

6. Verify that deposits to the account have actually cleared. Deposits can take anywhere between 1 and 5 BUSINESS days to clear depending on the type and/or source of the deposit.

The Federal Reserve publishes a Consumer Compliance Handbook which gives detailed information about what banks can and cannot do with deposits, holds, and funds availability. You can download this handbook at http://www.federalreserve.gov/boarddocs/supmanual/cch/200711/cch200711.pdf

Follow ALL of these suggestions and you will NEVER pay an OD/NSF fee again unless it is a LEGITIMATE bank error, and then the bank will gladly and quickly rectify the situation and credit any fees generated as well as contact payees and cover any fees the payees assess to you.

This is a tried and true method to avoid these fees. It works EVERY TIME it's tried.

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