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Report: #279015

Complaint Review: Capital One Bank - New Orleans Louisiana

  • Submitted:
  • Updated:
  • Reported By: dallas Texas
  • Author Confirmed What's this?
  • Why?
  • Capital One Bank 313 Carondolet Avenue New Orleans, Louisiana U.S.A.
  • Phone: 504-5335172
  • Web:
  • Category: Banks

Capital One Bank 7 overdrafts in one day why? If there were alledegely insufficent funds? New Orleans Louisiana

*REBUTTAL Individual responds: Capital One bends the rules if they dont break them

*REBUTTAL Individual responds: Capital One bends the rules if they dont break them

*REBUTTAL Individual responds: Capital One bends the rules if they dont break them

*REBUTTAL Individual responds: Capital One bends the rules if they dont break them

*REBUTTAL Individual responds: Capital One bends the rules if they dont break them

*Consumer Comment: Some people should not use checking accounts...

*Author of original report: Is there justice for bank consumers?

*Consumer Suggestion: Prepaid Debit

*Consumer Suggestion: Prepaid Debit

*Consumer Suggestion: Prepaid Debit

*Consumer Suggestion: Prepaid Debit

*Consumer Comment: Not rooting for anyone, Abimbola...just presenting cold, hard FACTS

*Author of original report: Well you can root for banks..

*Consumer Comment: Edward, you have hit a new low for flat-out incorrect words...

*Consumer Comment: Edward, you have hit a new low for flat-out incorrect words...

*Consumer Comment: Edward, you have hit a new low for flat-out incorrect words...

*Consumer Comment: Edward, you have hit a new low for flat-out incorrect words...

*Author of original report: Read this before you swipe! Debit-card dangers

*Author of original report: Read this before you swipe! Debit-card dangers

*Author of original report: Read this before you swipe! Debit-card dangers

*Consumer Comment: $ 5 IS TOO LOW OF FUNDS TO HAVE IN YOUR BANK ACCOUNT

*Consumer Comment: Everyone Is Dodging Something. Including The Employee

*Consumer Comment: Everyone Is Dodging Something. Including The Employee

*Consumer Comment: Everyone Is Dodging Something. Including The Employee

*Consumer Comment: Everyone Is Dodging Something. Including The Employee

*Consumer Suggestion: The solution here is 2 words...CHECKBOOK REGISTER!!

*Consumer Comment: Another suggestion...

*UPDATE Employee: POS Purchases

*Consumer Suggestion: Here's how it reads to me

*Consumer Comment: I understand your situation and I have been trying to get my son........

*Consumer Comment: You Need to Protect Yourself

*Consumer Comment: I Love It

*Author of original report: Thanx for the comments but..

*Consumer Comment: Again - It Doesn't Matter

*Consumer Comment: Again - It Doesn't Matter

*Consumer Comment: Again - It Doesn't Matter

*Consumer Comment: Again - It Doesn't Matter

*Consumer Comment: Report Finds High Debit Card Overdraft Fees: I found this on the net

*Consumer Comment: It Doesn't Change the Situation.... Except

*Consumer Suggestion: Get Local Branch and Call Center Together

*Author of original report: Response to rebuttal

*Consumer Comment: BAD Education

Show customers why they should trust your business over your competitors...

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On monday October 1st 2007 I checked my checking account online normally as I do i see a balance of five dollars and some cents it was good .And again I checked it again on Wednesday October the 3rd 2007 . I was paid on Oct 2nd about $574.00 and I saw 7 overdrafts charges of $32 each totalling $ 224.00 dated on the October 1st . I mmediately called a local branch in Dallas, Texas I was told they were not responsible but the branch where I opened it at in New Orleans, LA. I did call and talked to the assistant branch manager to get the charges waived but she said if it was not their error they would not refund the money . I looked over my account and saw that the most of the charged were debits why did they go through if there was no money(insufficient funds) because if that was so they should have been declined and there was a charge $ 99.00 that I didn't expect which a company refunded in 2 days . The bank claimed that didn't cause the overdrafts.

I just want these overdraft fees waived because if these not were not charged I would have been in good standing . They should have been declined if supposedly I didn't have the funds .

My debit card was also cancelled on october 1st and nobody seems to be able to tell me why all I was told there was an "alert" on my card. I still waiting for a replacement I do not know if this related or not.

All I want is my $224 back I don't think this is fair I know for a fact if an account does not have sufficient funds it will automatically be declined

Abimbola
dallas, Texas
U.S.A.

This report was posted on Ripoff Report on 10/16/2007 09:20 AM and is a permanent record located here: https://www.ripoffreport.com/reports/capital-one-bank/new-orleans-louisiana/capital-one-bank-7-overdrafts-in-one-day-why-if-there-were-alledegely-insufficent-funds-279015. 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:
0Author
37Consumer
5Employee/Owner

#42 REBUTTAL Individual responds

Capital One bends the rules if they dont break them

AUTHOR: Jj Boon - (U.S.A.)

POSTED: Tuesday, May 20, 2008

I have had the exact same experience. Should have left them then. Had another one that I deposited a check and it showed available immediately. Went to Target and bought a few things then looked at the account and the branch that owns my account withdrew my deposit and posted for the next day and then said that my transaction at Target overdrawed my account. I said that if the funds are not available I wouldn't have been able to use my debit and why did they reverse the posting of my payroll check. Of course they said they had the right and there was nothing they could do for me. I have been with a few banks in my life but never one that will out right screw you over like Capital One.

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#41 REBUTTAL Individual responds

Capital One bends the rules if they dont break them

AUTHOR: Jj Boon - (U.S.A.)

POSTED: Tuesday, May 20, 2008

I have had the exact same experience. Should have left them then. Had another one that I deposited a check and it showed available immediately. Went to Target and bought a few things then looked at the account and the branch that owns my account withdrew my deposit and posted for the next day and then said that my transaction at Target overdrawed my account. I said that if the funds are not available I wouldn't have been able to use my debit and why did they reverse the posting of my payroll check. Of course they said they had the right and there was nothing they could do for me. I have been with a few banks in my life but never one that will out right screw you over like Capital One.

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#40 REBUTTAL Individual responds

Capital One bends the rules if they dont break them

AUTHOR: Jj Boon - (U.S.A.)

POSTED: Tuesday, May 20, 2008

I have had the exact same experience. Should have left them then. Had another one that I deposited a check and it showed available immediately. Went to Target and bought a few things then looked at the account and the branch that owns my account withdrew my deposit and posted for the next day and then said that my transaction at Target overdrawed my account. I said that if the funds are not available I wouldn't have been able to use my debit and why did they reverse the posting of my payroll check. Of course they said they had the right and there was nothing they could do for me. I have been with a few banks in my life but never one that will out right screw you over like Capital One.

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#39 REBUTTAL Individual responds

Capital One bends the rules if they dont break them

AUTHOR: Jj Boon - (U.S.A.)

POSTED: Tuesday, May 20, 2008

I have had the exact same experience. Should have left them then. Had another one that I deposited a check and it showed available immediately. Went to Target and bought a few things then looked at the account and the branch that owns my account withdrew my deposit and posted for the next day and then said that my transaction at Target overdrawed my account. I said that if the funds are not available I wouldn't have been able to use my debit and why did they reverse the posting of my payroll check. Of course they said they had the right and there was nothing they could do for me. I have been with a few banks in my life but never one that will out right screw you over like Capital One.

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#38 REBUTTAL Individual responds

Capital One bends the rules if they dont break them

AUTHOR: Jj Boon - (U.S.A.)

POSTED: Tuesday, May 20, 2008

I have had the exact same experience. Should have left them then. Had another one that I deposited a check and it showed available immediately. Went to Target and bought a few things then looked at the account and the branch that owns my account withdrew my deposit and posted for the next day and then said that my transaction at Target overdrawed my account. I said that if the funds are not available I wouldn't have been able to use my debit and why did they reverse the posting of my payroll check. Of course they said they had the right and there was nothing they could do for me. I have been with a few banks in my life but never one that will out right screw you over like Capital One.

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#37 Consumer Comment

Some people should not use checking accounts...

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

POSTED: Saturday, April 19, 2008

The bank did not rip you off in this case. The Federal Reserve gave you an answer that you didn't like and you are still convinced that this is the bank's fault.

It sucks, I agree but that does not mean the bank ripped you off. Did you ever contact the merchant who hit you with the $99 charge?

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#36 Author of original report

Is there justice for bank consumers?

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

POSTED: Saturday, April 19, 2008

As the title asks is there justice .I sent a complaint to the Federal Reserve and I'm not going to go into all the long details but was denied . I was told it was at the bank discretion to return the fees. I mean this thread has gone on and on . The merchant should pay it I just can't prove that. You try to do the right thing and you get stumped on .I will continue even if I get nothing back I believe there has to be a change in policy and legislation to limit what banks and credit cards can charge. Like the other day I tried to settle an old citicard account and my law firm has struggled to get information for a while and the original debt was 961 dollars now when I finally what it is now its almost $2000 I assume with late fees and interest they add on.

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#35 Consumer Suggestion

Prepaid Debit

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

POSTED: Friday, February 29, 2008

I too have developed a habit of using my debit card. There are a few banks that offer virtually free prepaid debits card for people like us who carry debit cards and cell phones and just love to use them together.

Prepaid debit cards post instantly, not the usual delays that banks are notorious for. Also, you can't pre-authorize (such as at the pump purchases) so there are no last minute surprises. There will NEVER be overdrawn fees (and they will state this on their customer service agreement) because you are not allowed to spend beyond your limit. Like I said, transactions post instantly.

Capital One actually offers one of these cards. There is a monthly fee for use, but it is waived if you sign up for direct deposit.

The only charges I have incurred are calling and speaking with customer service (1.00 for a live agent) and ATM fees. They have their own ATM fee schedule other than the actual charges from the ATM itself. But if you go to a retail store and use the card as a debit (works as a debit or a credit) then the cashback is free.

My story was somewhat similar and I got frustrated with my bank as well. They never returned the fees.

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#34 Consumer Suggestion

Prepaid Debit

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

POSTED: Friday, February 29, 2008

I too have developed a habit of using my debit card. There are a few banks that offer virtually free prepaid debits card for people like us who carry debit cards and cell phones and just love to use them together.

Prepaid debit cards post instantly, not the usual delays that banks are notorious for. Also, you can't pre-authorize (such as at the pump purchases) so there are no last minute surprises. There will NEVER be overdrawn fees (and they will state this on their customer service agreement) because you are not allowed to spend beyond your limit. Like I said, transactions post instantly.

Capital One actually offers one of these cards. There is a monthly fee for use, but it is waived if you sign up for direct deposit.

The only charges I have incurred are calling and speaking with customer service (1.00 for a live agent) and ATM fees. They have their own ATM fee schedule other than the actual charges from the ATM itself. But if you go to a retail store and use the card as a debit (works as a debit or a credit) then the cashback is free.

My story was somewhat similar and I got frustrated with my bank as well. They never returned the fees.

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#33 Consumer Suggestion

Prepaid Debit

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

POSTED: Friday, February 29, 2008

I too have developed a habit of using my debit card. There are a few banks that offer virtually free prepaid debits card for people like us who carry debit cards and cell phones and just love to use them together.

Prepaid debit cards post instantly, not the usual delays that banks are notorious for. Also, you can't pre-authorize (such as at the pump purchases) so there are no last minute surprises. There will NEVER be overdrawn fees (and they will state this on their customer service agreement) because you are not allowed to spend beyond your limit. Like I said, transactions post instantly.

Capital One actually offers one of these cards. There is a monthly fee for use, but it is waived if you sign up for direct deposit.

The only charges I have incurred are calling and speaking with customer service (1.00 for a live agent) and ATM fees. They have their own ATM fee schedule other than the actual charges from the ATM itself. But if you go to a retail store and use the card as a debit (works as a debit or a credit) then the cashback is free.

My story was somewhat similar and I got frustrated with my bank as well. They never returned the fees.

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#32 Consumer Suggestion

Prepaid Debit

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

POSTED: Friday, February 29, 2008

I too have developed a habit of using my debit card. There are a few banks that offer virtually free prepaid debits card for people like us who carry debit cards and cell phones and just love to use them together.

Prepaid debit cards post instantly, not the usual delays that banks are notorious for. Also, you can't pre-authorize (such as at the pump purchases) so there are no last minute surprises. There will NEVER be overdrawn fees (and they will state this on their customer service agreement) because you are not allowed to spend beyond your limit. Like I said, transactions post instantly.

Capital One actually offers one of these cards. There is a monthly fee for use, but it is waived if you sign up for direct deposit.

The only charges I have incurred are calling and speaking with customer service (1.00 for a live agent) and ATM fees. They have their own ATM fee schedule other than the actual charges from the ATM itself. But if you go to a retail store and use the card as a debit (works as a debit or a credit) then the cashback is free.

My story was somewhat similar and I got frustrated with my bank as well. They never returned the fees.

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#31 Consumer Comment

Not rooting for anyone, Abimbola...just presenting cold, hard FACTS

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

POSTED: Saturday, February 16, 2008

You wrote:

'You can root for the banks all you want . I don't think its fair that consumers should just lose money . The banks must be accountable that's all if I had got my money back we wouldn't be going through this chatter. MSN would have not done that article in the earlier posting if not. Please look through the details. Thanks'

Of course YOU do not feel it is fair, Abimbola. You were the one hit for dollars. However, in the course of your crying and whining, you seem to have lost track of who ripped you off. The bank did NOT rip you off. The merchant who ran the unauthorized charge did...PURE AND SIMPLE.

Oh, and regarding the MSN article on debit cards, you should know that left-wing rag units like MSN LIVE to print negative words about ANY big business. They make their bones demonizing anyone who makes a profit at the consumers' expense. So spare us your using them as some reference that you are right on this. You couldn't be more wrong in your assertion. If you disagree with the fees assessed, take your case to the GUILTY party - THE MERCHANT.

Still no rip-off here on the part of the bank...

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#30 Author of original report

Well you can root for banks..

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

POSTED: Saturday, February 16, 2008

You can root for the banks all you want . I don't think its fair that consumers should just lose money . The banks must be accountable that's all if I had got my money back we wouldn't be going through this chatter. MSN would have not done that article in the earlier posting if not. Please look through the details. Thanks

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#29 Consumer Comment

Edward, you have hit a new low for flat-out incorrect words...

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

POSTED: Saturday, February 16, 2008

You wrote:

'But if my assumption is true, why wouldn't Capital One be able to provide GOOD customer service and refund these fees caused by an UNAUTHORIZED transaction. This has happened to me and I know first hand how SOME banks will try to get the customer to make the Merchant pay for the fees. But GOOD banks file a dispute ON BEHALF of the customer, refund any fees and GOOD banks go after the Merchant themselves to recoup these fees for the customer.'

Is it REALLY your belief that it is the BANK'S responsibility to eat overdraft fees caused by an unauthorized transaction - and that the BANK has the responsibility of going after the merchant for the fees? I get the feeling that you are STILL living somewhere in FANTASY LAND.

This rebuttal, for those of you reading, speaks to EXACTLY what Edward's motives are when he posts on these threads. EVERY PROBLEM THAT LEADS TO OVERDRAFT FEES IS THE BANK'S FAULT AND/OR RESPONSIBILITY....EVERY ONE. This clown has absolutely NOTHING good to say about banks. He is the textbook definition of a kool-aid drinker in that even when it is obvious who the guilty party here is (i.e. the merchant), he still places the blame on the bank for failing to resolve a problem that had nothing to do with them.

It is quite obvious that the merchant is 100% responsible for any and all overdraft fees that resulted from this unauthorized charge. THAT charge was responsible for the overdraft fees that the customer was assessed. Therefore, it is the merchant's responsibility to pay those fees directly to the customer - who had to absorb them initially. A bank is not going to eat overdraft fees that did not result from a bank error - nor should they ever. It is the CUSTOMER'S responsibility to demand that the merchant reimburse her for the fees. If they refuse, the customer has a legal right to sue the merchant for any and all costs related to the erronous charge and accompanying overdraft fees. However, the bank is not this customer's accountant or lawyer. They have absolutely no standing to contact a merchant on the customer's behalf. That burden falls on the one seeking compensation for the error - THE CUSTOMER.

Abimbola, there is a reason you have received limited response from your complaint. This entity will tell you, as I have, that the responsibility for recouping your losses from the merchant is YOURS, not the bank's.

Sorry folks, but there is no rip-off here on the part of the bank...

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#28 Consumer Comment

Edward, you have hit a new low for flat-out incorrect words...

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

POSTED: Saturday, February 16, 2008

You wrote:

'But if my assumption is true, why wouldn't Capital One be able to provide GOOD customer service and refund these fees caused by an UNAUTHORIZED transaction. This has happened to me and I know first hand how SOME banks will try to get the customer to make the Merchant pay for the fees. But GOOD banks file a dispute ON BEHALF of the customer, refund any fees and GOOD banks go after the Merchant themselves to recoup these fees for the customer.'

Is it REALLY your belief that it is the BANK'S responsibility to eat overdraft fees caused by an unauthorized transaction - and that the BANK has the responsibility of going after the merchant for the fees? I get the feeling that you are STILL living somewhere in FANTASY LAND.

This rebuttal, for those of you reading, speaks to EXACTLY what Edward's motives are when he posts on these threads. EVERY PROBLEM THAT LEADS TO OVERDRAFT FEES IS THE BANK'S FAULT AND/OR RESPONSIBILITY....EVERY ONE. This clown has absolutely NOTHING good to say about banks. He is the textbook definition of a kool-aid drinker in that even when it is obvious who the guilty party here is (i.e. the merchant), he still places the blame on the bank for failing to resolve a problem that had nothing to do with them.

It is quite obvious that the merchant is 100% responsible for any and all overdraft fees that resulted from this unauthorized charge. THAT charge was responsible for the overdraft fees that the customer was assessed. Therefore, it is the merchant's responsibility to pay those fees directly to the customer - who had to absorb them initially. A bank is not going to eat overdraft fees that did not result from a bank error - nor should they ever. It is the CUSTOMER'S responsibility to demand that the merchant reimburse her for the fees. If they refuse, the customer has a legal right to sue the merchant for any and all costs related to the erronous charge and accompanying overdraft fees. However, the bank is not this customer's accountant or lawyer. They have absolutely no standing to contact a merchant on the customer's behalf. That burden falls on the one seeking compensation for the error - THE CUSTOMER.

Abimbola, there is a reason you have received limited response from your complaint. This entity will tell you, as I have, that the responsibility for recouping your losses from the merchant is YOURS, not the bank's.

Sorry folks, but there is no rip-off here on the part of the bank...

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#27 Consumer Comment

Edward, you have hit a new low for flat-out incorrect words...

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

POSTED: Saturday, February 16, 2008

You wrote:

'But if my assumption is true, why wouldn't Capital One be able to provide GOOD customer service and refund these fees caused by an UNAUTHORIZED transaction. This has happened to me and I know first hand how SOME banks will try to get the customer to make the Merchant pay for the fees. But GOOD banks file a dispute ON BEHALF of the customer, refund any fees and GOOD banks go after the Merchant themselves to recoup these fees for the customer.'

Is it REALLY your belief that it is the BANK'S responsibility to eat overdraft fees caused by an unauthorized transaction - and that the BANK has the responsibility of going after the merchant for the fees? I get the feeling that you are STILL living somewhere in FANTASY LAND.

This rebuttal, for those of you reading, speaks to EXACTLY what Edward's motives are when he posts on these threads. EVERY PROBLEM THAT LEADS TO OVERDRAFT FEES IS THE BANK'S FAULT AND/OR RESPONSIBILITY....EVERY ONE. This clown has absolutely NOTHING good to say about banks. He is the textbook definition of a kool-aid drinker in that even when it is obvious who the guilty party here is (i.e. the merchant), he still places the blame on the bank for failing to resolve a problem that had nothing to do with them.

It is quite obvious that the merchant is 100% responsible for any and all overdraft fees that resulted from this unauthorized charge. THAT charge was responsible for the overdraft fees that the customer was assessed. Therefore, it is the merchant's responsibility to pay those fees directly to the customer - who had to absorb them initially. A bank is not going to eat overdraft fees that did not result from a bank error - nor should they ever. It is the CUSTOMER'S responsibility to demand that the merchant reimburse her for the fees. If they refuse, the customer has a legal right to sue the merchant for any and all costs related to the erronous charge and accompanying overdraft fees. However, the bank is not this customer's accountant or lawyer. They have absolutely no standing to contact a merchant on the customer's behalf. That burden falls on the one seeking compensation for the error - THE CUSTOMER.

Abimbola, there is a reason you have received limited response from your complaint. This entity will tell you, as I have, that the responsibility for recouping your losses from the merchant is YOURS, not the bank's.

Sorry folks, but there is no rip-off here on the part of the bank...

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#26 Consumer Comment

Edward, you have hit a new low for flat-out incorrect words...

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

POSTED: Saturday, February 16, 2008

You wrote:

'But if my assumption is true, why wouldn't Capital One be able to provide GOOD customer service and refund these fees caused by an UNAUTHORIZED transaction. This has happened to me and I know first hand how SOME banks will try to get the customer to make the Merchant pay for the fees. But GOOD banks file a dispute ON BEHALF of the customer, refund any fees and GOOD banks go after the Merchant themselves to recoup these fees for the customer.'

Is it REALLY your belief that it is the BANK'S responsibility to eat overdraft fees caused by an unauthorized transaction - and that the BANK has the responsibility of going after the merchant for the fees? I get the feeling that you are STILL living somewhere in FANTASY LAND.

This rebuttal, for those of you reading, speaks to EXACTLY what Edward's motives are when he posts on these threads. EVERY PROBLEM THAT LEADS TO OVERDRAFT FEES IS THE BANK'S FAULT AND/OR RESPONSIBILITY....EVERY ONE. This clown has absolutely NOTHING good to say about banks. He is the textbook definition of a kool-aid drinker in that even when it is obvious who the guilty party here is (i.e. the merchant), he still places the blame on the bank for failing to resolve a problem that had nothing to do with them.

It is quite obvious that the merchant is 100% responsible for any and all overdraft fees that resulted from this unauthorized charge. THAT charge was responsible for the overdraft fees that the customer was assessed. Therefore, it is the merchant's responsibility to pay those fees directly to the customer - who had to absorb them initially. A bank is not going to eat overdraft fees that did not result from a bank error - nor should they ever. It is the CUSTOMER'S responsibility to demand that the merchant reimburse her for the fees. If they refuse, the customer has a legal right to sue the merchant for any and all costs related to the erronous charge and accompanying overdraft fees. However, the bank is not this customer's accountant or lawyer. They have absolutely no standing to contact a merchant on the customer's behalf. That burden falls on the one seeking compensation for the error - THE CUSTOMER.

Abimbola, there is a reason you have received limited response from your complaint. This entity will tell you, as I have, that the responsibility for recouping your losses from the merchant is YOURS, not the bank's.

Sorry folks, but there is no rip-off here on the part of the bank...

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#25 Author of original report

Read this before you swipe! Debit-card dangers

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

POSTED: Friday, February 15, 2008

Here's an article from msn
http://today.msnbc.msn.com/id/23129824/?GT1=10856

I have reported the issue to the Federal reserve with limited response

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#24 Author of original report

Read this before you swipe! Debit-card dangers

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

POSTED: Friday, February 15, 2008

Here's an article from msn
http://today.msnbc.msn.com/id/23129824/?GT1=10856

I have reported the issue to the Federal reserve with limited response

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#23 Author of original report

Read this before you swipe! Debit-card dangers

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

POSTED: Friday, February 15, 2008

Here's an article from msn
http://today.msnbc.msn.com/id/23129824/?GT1=10856

I have reported the issue to the Federal reserve with limited response

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#22 Consumer Comment

$ 5 IS TOO LOW OF FUNDS TO HAVE IN YOUR BANK ACCOUNT

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

POSTED: Thursday, November 29, 2007

I cease all spending if my checking account gets down to $ 100, even though I have overdraft protection, and I think its foolish for people not to have it, thats like living in a rental property and not carrying renters insurance.
Capital One is a unscrupulous bank, and after they took over Hibernia, you should have moved your account.

A lot of banks have become a total rip off so you must do your consumer research before banking with anyone, and if you can't keep at least $ 100 in your account at all times, close it and utilize the services of ACE or get a savings account.

Back in the 80's when I graduated from high school I lived in dead economy Lafayette, and made minimum wage 3.35 an hour and I would cash my check and put some in savings and keep the rest cash. Only did this for a little while, until I was able to secure a better paying job, but if you don't make enough money to handle a checking account, don't have one because that is how you get in trouble with banks!

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#21 Consumer Comment

Everyone Is Dodging Something. Including The Employee

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

POSTED: Wednesday, November 28, 2007

Everyone wants to assume the Abimbola made purchases that overdrew the account because an check account register wasn't kept. Well let me make my OWN ASSUMPTION, in the absence of further details. Referring back to the OP Abimbola states that most of the charges in question were debits and Abimbola asks why these charges were allowed if there was not sufficient funds?

As I said in my earlier post, THE KEY is the UNAUTHORIZED $99 charge, which was refunded. I'm going to assume that Abimbola DID know what the bank balance was, not factoring in the unauthorized charged. Next, I'm going to assume that the $99 charge posted, THEN all of the debits, which were probably smaller amounts, came in and posted AFTER the $99 charge and the account became overdrawn as a result. But had the $99 charge not occurred, everything would have been fine as Abimbola indicates.

So to ALL of the posts about keeping a check register, from what I've been able to piece together, I CAN make the argument that Abimbola did keep a check register and Abimbola knew what the bank balance was. The problem only occurred as a result of the UNAUTHORIZED charge, which would NOT BE in Abimbola's CHECK REGISTER. Only Abimbola can confirm this with more details or clarification.

But if my assumption is true, why wouldn't Capital One be able to provide GOOD customer service and refund these fees caused by an UNAUTHORIZED transaction. This has happened to me and I know first hand how SOME banks will try to get the customer to make the Merchant pay for the fees. But GOOD banks file a dispute ON BEHALF of the customer, refund any fees and GOOD banks go after the Merchant themselves to recoup these fees for the customer.

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#20 Consumer Comment

Everyone Is Dodging Something. Including The Employee

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

POSTED: Wednesday, November 28, 2007

Everyone wants to assume the Abimbola made purchases that overdrew the account because an check account register wasn't kept. Well let me make my OWN ASSUMPTION, in the absence of further details. Referring back to the OP Abimbola states that most of the charges in question were debits and Abimbola asks why these charges were allowed if there was not sufficient funds?

As I said in my earlier post, THE KEY is the UNAUTHORIZED $99 charge, which was refunded. I'm going to assume that Abimbola DID know what the bank balance was, not factoring in the unauthorized charged. Next, I'm going to assume that the $99 charge posted, THEN all of the debits, which were probably smaller amounts, came in and posted AFTER the $99 charge and the account became overdrawn as a result. But had the $99 charge not occurred, everything would have been fine as Abimbola indicates.

So to ALL of the posts about keeping a check register, from what I've been able to piece together, I CAN make the argument that Abimbola did keep a check register and Abimbola knew what the bank balance was. The problem only occurred as a result of the UNAUTHORIZED charge, which would NOT BE in Abimbola's CHECK REGISTER. Only Abimbola can confirm this with more details or clarification.

But if my assumption is true, why wouldn't Capital One be able to provide GOOD customer service and refund these fees caused by an UNAUTHORIZED transaction. This has happened to me and I know first hand how SOME banks will try to get the customer to make the Merchant pay for the fees. But GOOD banks file a dispute ON BEHALF of the customer, refund any fees and GOOD banks go after the Merchant themselves to recoup these fees for the customer.

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#19 Consumer Comment

Everyone Is Dodging Something. Including The Employee

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

POSTED: Wednesday, November 28, 2007

Everyone wants to assume the Abimbola made purchases that overdrew the account because an check account register wasn't kept. Well let me make my OWN ASSUMPTION, in the absence of further details. Referring back to the OP Abimbola states that most of the charges in question were debits and Abimbola asks why these charges were allowed if there was not sufficient funds?

As I said in my earlier post, THE KEY is the UNAUTHORIZED $99 charge, which was refunded. I'm going to assume that Abimbola DID know what the bank balance was, not factoring in the unauthorized charged. Next, I'm going to assume that the $99 charge posted, THEN all of the debits, which were probably smaller amounts, came in and posted AFTER the $99 charge and the account became overdrawn as a result. But had the $99 charge not occurred, everything would have been fine as Abimbola indicates.

So to ALL of the posts about keeping a check register, from what I've been able to piece together, I CAN make the argument that Abimbola did keep a check register and Abimbola knew what the bank balance was. The problem only occurred as a result of the UNAUTHORIZED charge, which would NOT BE in Abimbola's CHECK REGISTER. Only Abimbola can confirm this with more details or clarification.

But if my assumption is true, why wouldn't Capital One be able to provide GOOD customer service and refund these fees caused by an UNAUTHORIZED transaction. This has happened to me and I know first hand how SOME banks will try to get the customer to make the Merchant pay for the fees. But GOOD banks file a dispute ON BEHALF of the customer, refund any fees and GOOD banks go after the Merchant themselves to recoup these fees for the customer.

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#18 Consumer Comment

Everyone Is Dodging Something. Including The Employee

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

POSTED: Wednesday, November 28, 2007

Everyone wants to assume the Abimbola made purchases that overdrew the account because an check account register wasn't kept. Well let me make my OWN ASSUMPTION, in the absence of further details. Referring back to the OP Abimbola states that most of the charges in question were debits and Abimbola asks why these charges were allowed if there was not sufficient funds?

As I said in my earlier post, THE KEY is the UNAUTHORIZED $99 charge, which was refunded. I'm going to assume that Abimbola DID know what the bank balance was, not factoring in the unauthorized charged. Next, I'm going to assume that the $99 charge posted, THEN all of the debits, which were probably smaller amounts, came in and posted AFTER the $99 charge and the account became overdrawn as a result. But had the $99 charge not occurred, everything would have been fine as Abimbola indicates.

So to ALL of the posts about keeping a check register, from what I've been able to piece together, I CAN make the argument that Abimbola did keep a check register and Abimbola knew what the bank balance was. The problem only occurred as a result of the UNAUTHORIZED charge, which would NOT BE in Abimbola's CHECK REGISTER. Only Abimbola can confirm this with more details or clarification.

But if my assumption is true, why wouldn't Capital One be able to provide GOOD customer service and refund these fees caused by an UNAUTHORIZED transaction. This has happened to me and I know first hand how SOME banks will try to get the customer to make the Merchant pay for the fees. But GOOD banks file a dispute ON BEHALF of the customer, refund any fees and GOOD banks go after the Merchant themselves to recoup these fees for the customer.

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#17 Consumer Suggestion

The solution here is 2 words...CHECKBOOK REGISTER!!

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

POSTED: Sunday, November 25, 2007

When are people going to grasp this simple concept?

It is called a CHECKBOOK REGISTER and it is NOT optional. If you have a checking account, you MUST keep an ACCURATE checkbook register.

If you rely on ATM's, phone banking or online banking to determine your balance, you WILL pay NSF fees. Guaranteed.

This is such an old topic, but is still such a huge problem.

Educate yourself, and be responsible. Stop looking to blame others for your own irresponsible bookkeeping practices.

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#16 Consumer Comment

Another suggestion...

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

POSTED: Sunday, November 25, 2007

Gloria, something else you may want to do (if you get a debit card) is to ask your bank if there is a block to not allow your card to be accepted past the available balance of your account. Most banks will allow your card to be approved even if you overspend your account.

This can be a good thing if you have an emergency and knowingly need more money than is in your account and knowingly accept the overdraft fee. But in a situation like this it can quickly lead to OD fees. Now, this will not eliminate all OD fees but will stop most from occuring. Things you need to watch for. Do purchases at gas stations (also hotels/motels, airline ticket purchases & rental vehicles) create a hold on your account? For example, if you have $50 in your account and you buy $20 worth of gas, does your online service now say you have $30 available. If it does NOT, then you need to review your transactions to make sure what gas purchases have posted and which have not posted. If they have not posted they need to be subtracted from the $50. If this is not done, you'll see $50 available and go buy $40 worth of groceries. When both charges come through, you will have an OD fees because you spend $60 dollars when you only had $50 in the bank.

As another poster said, your definately need to keep your register of EVERY transaction. Some banks are now offering small registers, the size of your debit card, that you can keep with your debit card and write your transaction done immediately.

As to why the charges were allowed to go through, once your debit card is approved by the bank the money is guaranteed to the merchant, when the merchant sends the verification. So if you make a purchase of $60 on December 1st, and the merchant doesn't send the verification through until December 20th, well the merchant is going to be paid. This is where the register is so important. To make sure that you remember to not spned the money needed for items that never placed a hold or that the hold has expired.

If you have another fee like the $99 dollars, my suggestion would be to dispute it through your bank. If the bank does the dispute for you, some banks will automatically refund any fees caused directly by the unauthorized item. However, if you dispute it directly with the merchant who then refunds the fees, the bank may just look at it as a merchant error and may be less willing to refund the fees.

The debit card may have been closed due to the unauthorized $99 charge. I'd suggest to call customer service line and ask them to send a new card (completely different number) so that this company can not debit your account again.

I hope these suggestions help you and others. And yes, I do work for a bank but it is not Capital One

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#15 UPDATE Employee

POS Purchases

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

POSTED: Wednesday, November 14, 2007

This is very typical for any major financial institution. I understand that it can be very frustrating. Let me explain how it works... say you have a balance of $100 today, you go shopping and spend $95. These items are memo posted to your account and will typically not completely post to your account for 1-3 business days. Some purchases may appear the day of purchase and then fall off and repost a day or two later. Also you may notice some purchases may just authorize for $1 and the actual amount may post your account days later (you will notice this especially when you pay at the pump). Since these items have not completely posted to your account, you are allowed to continue to spend. Please remember to not rely completely on balances obtained from online banking or ATMs, as they may not include all of your purchases. It is important to keep a check register and compare your spening to the bank records. Since these items have been autorized, they will not returned.

I know overdraft fees are expensive, but you ultimately received a short term loan from the institution. Talk your banker about overdraft protection to reduce the cost of overdrafting. I hope this helps.

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#14 Consumer Suggestion

Here's how it reads to me

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

POSTED: Monday, October 22, 2007

From reading your report, here is what I gathered.

You made purchases on your card without having enough money, but since Capital One allowed you to go over your available balance, it's their fault and you shouldn't owe the fees. Is what you're saying that they shouldn't charge you the fees because they allowed you to overdraft?

Of course the bank is going to allow you to overdraft. That's one way they make their money. It is not up to them to keep track of how much you spend, it's up to you.

One way to beat the banks at their game is to stop charging just because they allow you to. You have to have the money in your account at the time you make the charges or you will be charged fees. Period.

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#13 Consumer Comment

I understand your situation and I have been trying to get my son........

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

POSTED: Monday, October 22, 2007

to STOP using the phone or ATM to chec his balance yet he still continues to do it. He uses his bdebit card like I do and I've told him dzens of times to get a check register and record EVERY transaction RIGHT AWAY which is what I do. I never walk away from a transaction without recording it and subtracting it before I leave the store. I also had an account I only used for online transactions and my account got debited with a charge I didn't authorize which caused two authorized transactions to result in NSF charges.

The company that did the unauthorized debit gave the money back but both them and the bank refused to refund the NSF charges. According to the bank, even though I had canceled the account at the company that took more money from my account after I canceled the way they said to cancel, since I had originally given them my banking info, it was not considered fraud. They also said it wasn't their fault (it wasn't mine either) and they refused to credit back the NSF charges.

I ended up filing a report with the BBB against the company who reponded immediately telling me if I sent them proof their charge caused the next two transactions to cause NSF charges hey'd send me a check for the amount of the NSF charges and they did send me the check. What gets me is the bank could have easily refunded those charges since they knew it wasn't my fault.

I am also disturbed to see that it's not as simple as telling someone to stop an automatic withdrawal anymore. Back in the "early days", you told them to stop and they had to stop. Now, at that bank, if they don't stop, you have to fill out a form and pay $28 to make it stop. Needless to say, I don't bank there anymore since it took months to straighten it out (it was fast once I filed a report with the BBB) and I never allow an automatic withdrawal for anyone except my student loan.

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#12 Consumer Comment

You Need to Protect Yourself

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

POSTED: Monday, October 22, 2007

It is not the bank's job to protect it's customers unless you want to pay the bank for that privilege - and then they hit you for fees. In other words, you're back to the same issue.

But what you said indicates to me that you do not understand. You said:

"I watch my account very carefully just about everyday..."

That is NOT how to manage an account. If you have to go online to see your balance (which is how you check the balance according your OP), then you will OD your account because it does not take into account:

1. Delays by a merchant in submitting your debit to the bank.
2. Breakdowns in the merchant system.
3. Other delays.

One of the above what happened to you. What you should do is:

1. Watch your account for any transactions you're not aware of...
2. Track all your charges in a register.

If you had implemented these 2 steps, you would not have overdrawn your account and incurred the NSF's. It is obvious you do not do these things because you would not need to go online to find out your balance - you would know it from your register and your register would tell you that you were overdrawn by at least $115.00 or more.

You will not likely get your fees back with the possible exception of the one erroneous $99 charge. I will say it again - if you don't think it was worth keeping a written record of your transactions, just know it cost you $224.00 to not keep one....

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#11 Consumer Comment

I Love It

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

POSTED: Monday, October 22, 2007

I've posted about this before. Watched some TV this weekend and saw a number of those F' up commercials where they are trying to get everyone to use their visa or master card. How it is so much "better" if people use a "card". What a frickkin' joke. Here is a perfect example of why it isn't so much "better" to use a card, either a credit card OR a debit card. They've "ripped" this guy for $224. IF he had used cash, he'd be $224 richer. The new commerical I saw this weekend, went after some women writing a check. A check! I was thinking about doing a bunch of commericals on my own, on U-Tube touting the disadvantages of using wisa and mister card. You know like; 1) our system is down. 2) your card is unreadable. 3) you'll just have to hold on while we get approval from the operator. 4) our system is slow right now. 4) there's a hold on your card right now. 5) please hold on while we change the paper/ribbon on our machine. 6) the phone lines are all tied up right now. 7) your card has been reported stolen. 8) please sign here/there. And that's just at the point of sale. That doesn't take into account all the problems people are having AFTER the sale. IF we went back to the old ways of dealing with cash, these banks and CU's wouldn't be making the billons in fees they are now. So we have commericals telling us how much "better" it is to use a card. credit or debit. Give me a frickkin' break. Go on people, keep paying those banks their billons.

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#10 Author of original report

Thanx for the comments but..

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

POSTED: Monday, October 22, 2007

I do appreciate all the suggestions and ideas that have come forth. However, I'm steal dealing with the issue . I don't think going to the bank and customer service will help been there done that. I mean if for some reason if someone stole my mastercard debit card they could pretty much empty out my account plus I get charged overdraft fees .Of course I could probably get it back . But imagine the hassle I would go through . I thought banks were supposed to protect its customers. After 7 overdrafts the only thing that was done was my card was blocked (no replacement yet after 3 weeks?) not after getting overdrafted? How about after one ? We can go back forth "would have should have could have" all day long I don't believe I'm being treated fairly . I watch my account very carefully just about everyday .If you expect me just to go in the corner and play dead it's not happening . I will exhaust all options and encourage all other victims to fight back you can only be pushed around so much.
As stated in the article in the rebuttals consumers should be given the choice if they want the overdraft fee imposed. Banks are making billions on peoples misfortune which is not right.

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#9 Consumer Comment

Again - It Doesn't Matter

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

POSTED: Monday, October 22, 2007

'Banks are raking in fees from unwitting customers who would not overdraft if given a choice.'

This is what you pasted - but it doesn't fit your situation. You knew the balance in your account was $5 and change, yet your next sentence reads:

'I saw 7 overdrafts charges of $32 each totalling $ 224.00 dated on the October 1st. ' That means there were 7 additional debits and it means the following:

1. The transactions posted the evening of October 1st, which is legit.
2. You knew these transactions were there, with the exception of the $99.

The $99 fee did not cause your overdraft, it was the other $125.00 in charges that caused your overdraft. I would pursue a refund for at least one of the NSF's (the $99 fee) because that fee was illegitimate and you can prove that your account was debited $99 because of that charge, and then credited back because of the error, and if the error by the merchant was not made, you would not have incurred that ONE NSF. The other 6 NSF's are your fault and not the bank's.

Bottom line: Keeping a written record would alleviate you of the fee situation you ran into. The fact you don't write checks doesn't absolve you of the responsibility of keeping a written record. If you had kept a written record, you would have saved yourself $198.00. I think that's worth it, don't you?

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#8 Consumer Comment

Again - It Doesn't Matter

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

POSTED: Monday, October 22, 2007

'Banks are raking in fees from unwitting customers who would not overdraft if given a choice.'

This is what you pasted - but it doesn't fit your situation. You knew the balance in your account was $5 and change, yet your next sentence reads:

'I saw 7 overdrafts charges of $32 each totalling $ 224.00 dated on the October 1st. ' That means there were 7 additional debits and it means the following:

1. The transactions posted the evening of October 1st, which is legit.
2. You knew these transactions were there, with the exception of the $99.

The $99 fee did not cause your overdraft, it was the other $125.00 in charges that caused your overdraft. I would pursue a refund for at least one of the NSF's (the $99 fee) because that fee was illegitimate and you can prove that your account was debited $99 because of that charge, and then credited back because of the error, and if the error by the merchant was not made, you would not have incurred that ONE NSF. The other 6 NSF's are your fault and not the bank's.

Bottom line: Keeping a written record would alleviate you of the fee situation you ran into. The fact you don't write checks doesn't absolve you of the responsibility of keeping a written record. If you had kept a written record, you would have saved yourself $198.00. I think that's worth it, don't you?

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#7 Consumer Comment

Again - It Doesn't Matter

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

POSTED: Monday, October 22, 2007

'Banks are raking in fees from unwitting customers who would not overdraft if given a choice.'

This is what you pasted - but it doesn't fit your situation. You knew the balance in your account was $5 and change, yet your next sentence reads:

'I saw 7 overdrafts charges of $32 each totalling $ 224.00 dated on the October 1st. ' That means there were 7 additional debits and it means the following:

1. The transactions posted the evening of October 1st, which is legit.
2. You knew these transactions were there, with the exception of the $99.

The $99 fee did not cause your overdraft, it was the other $125.00 in charges that caused your overdraft. I would pursue a refund for at least one of the NSF's (the $99 fee) because that fee was illegitimate and you can prove that your account was debited $99 because of that charge, and then credited back because of the error, and if the error by the merchant was not made, you would not have incurred that ONE NSF. The other 6 NSF's are your fault and not the bank's.

Bottom line: Keeping a written record would alleviate you of the fee situation you ran into. The fact you don't write checks doesn't absolve you of the responsibility of keeping a written record. If you had kept a written record, you would have saved yourself $198.00. I think that's worth it, don't you?

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#6 Consumer Comment

Again - It Doesn't Matter

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

POSTED: Monday, October 22, 2007

'Banks are raking in fees from unwitting customers who would not overdraft if given a choice.'

This is what you pasted - but it doesn't fit your situation. You knew the balance in your account was $5 and change, yet your next sentence reads:

'I saw 7 overdrafts charges of $32 each totalling $ 224.00 dated on the October 1st. ' That means there were 7 additional debits and it means the following:

1. The transactions posted the evening of October 1st, which is legit.
2. You knew these transactions were there, with the exception of the $99.

The $99 fee did not cause your overdraft, it was the other $125.00 in charges that caused your overdraft. I would pursue a refund for at least one of the NSF's (the $99 fee) because that fee was illegitimate and you can prove that your account was debited $99 because of that charge, and then credited back because of the error, and if the error by the merchant was not made, you would not have incurred that ONE NSF. The other 6 NSF's are your fault and not the bank's.

Bottom line: Keeping a written record would alleviate you of the fee situation you ran into. The fact you don't write checks doesn't absolve you of the responsibility of keeping a written record. If you had kept a written record, you would have saved yourself $198.00. I think that's worth it, don't you?

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#5 Consumer Comment

Report Finds High Debit Card Overdraft Fees: I found this on the net

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

POSTED: Friday, October 19, 2007

I found this at consumeraffairs.com

Report Finds High Debit Card Overdraft Fees
January 29, 2007
Plastic Prison
Fed Proposes Tighter Controls On Credit Card Rates
Credit Tips And Tricks
Get Control of What You Owe
No Easy Way Out Of Credit Card Debt
Penalty Fees, Interest Rate Hikes, and Misleading Contracts Await Credit Card Shoppers
"Convenience Checks" Carry a Heavy Price Tag
New Forms of Credit Scoring
Understanding Credit
Credit Bureaus: Who You're Dealing With
Reading Your Credit Report
Credit Scoring: The Fickleness of FICO
Credit Knowledge: A Long, Hard, Struggle
---
News
Senate Bill Would Curb Abusive Credit Card Practices
Senate Panel Slams Abusive Credit Card Practices
Congress Targets Credit Card Companies For Reform
Report Finds High Debit Card Overdraft Fees
Bank, ATM Fees Continue To Rise
Credit Card Fees Rise, Disclosure Statements Inadequate
Free Credit Reports Mark First Anniversary
Credit Card Debt Sinking Many Older Consumers
Experian Launches New Credit Score; Critics Unimpressed
Credit Cards Target Students
Credit Card Companies Fear "Perfect Storm"
Credit Bureaus Introduce New Scoring System
More Banks Using Universal Default to Hike Interest Rates


Debit cards have replaced old-fashioned checks for millions of consumers because they're simple and convenient.

They're so easy to use, in fact, that a new report suggests consumers are more likely to overdraw their accounts, resulting in costly fees.

"What banks are calling 'bounce protection' is starting to look more like a 'protection racket,'" said Eric Halperin, director of the Center for Responsible Lending's Washington office and a co-author of the report.

"Banks are raking in fees from unwitting customers who would not overdraft if given a choice."

The report, "Debit Card Danger," analyzed the checking accounts of more than 5,000 customers of the nation's 15 largest banks and found that debit card purchases and ATM withdrawals trigger 46 percent of high-cost overdraft loans. Written checks, on the other hand, are responsible for just over one quarter.

Making an in-store debit card purchase is by far the most expensive way to overdraft, costing $2.17 for every dollar borrowed. By comparison, check-triggered overdraft loans cost $0.86 per dollar borrowed.

The group says these findings refute the contention commonly made by banks and credit unions, many of which also have fee-based overdraft programs, that they are protecting consumers by sparing them the expense of bounced checks.

CRL says banks could prevent debit card overdrafts at checkouts and ATMs by denying the transaction or warning the customer, though doing so would eliminate the opportunity to charge an average $34 fee.

Yet a survey of account holders conducted in conjunction with the analysis of checking account transactions showed that people want the chance to avoid spending into the red. Some 61 percent of the 2,400 surveyed preferred that their debit card purchase be denied at the checkout if it would otherwise overdraw their account and incur a fee. Nearly all responded that they would cancel their ATM withdrawal to avoid a fee.

In the last Congress, Rep. Carolyn Maloney (D-NY) introduced a bill that required banks to report the APR on overdraft loans, get written consent before putting customers in "bounce" protection programs, give overdraft warnings at the ATM and stop manipulating debit and credit processing in order to generate more fees.

Maloney plans to introduce similar legislation this year

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#4 Consumer Comment

It Doesn't Change the Situation.... Except

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

POSTED: Wednesday, October 17, 2007

I apologize for misunderstanding these transactions were debits instead of checks, but it doesn't change the situation much. I would get some checks and use them so that you can develop the discipline of keeping a written register of your transactions. What you cannot do is to depend on the online balance in your account as your actual balance. You are depending on that balance as a crutch; the bank is providing that service to you but to what ends that service benefits you is questionable because it misleads you into thinking you know what the balance in your account is - when it isn't.

Bottom line is that you would have still incurred the NSF's. The deposit would still post after all debit transactions post. That means it's irrelevant whether the items posted on the 2nd or the 1st because your deposit (as I said) would not post until all of the debits posted. I still would hold off on replacing the debit card for all of the reasons I said in my previous commentary.

Best of Luck to you

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#3 Consumer Suggestion

Get Local Branch and Call Center Together

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

POSTED: Wednesday, October 17, 2007

First let me stipulate I'm not at all familiar with how Capital One does things. Jim has already indicated they post deposits last after debits and checks. I don't have any information to dispute that. If, as Jim has indicated, your account would have overdrawn as a result of your own transactions, then of course you wouldn't be due any refunds.

In my opinion, the key here is the UNAUTHORIZED $99 charge that was subsequently refunded. If this transaction ALONE caused your account to become overdrawn, then you should definitely be due the overdraft refunds. Here's where it gets tricky. Some banks allow you to file a dispute. Then, on your behalf, they investigate with the company in question, and if your dispute is upheld, your bank refunds ALL overdraft charges. I don't know if Capital One does this or not.

But in trying to make sense of the OP, it sounds like when you called the Dallas and New Orleans branches, they said it wasn't a bank error, but they seemed to indicate it wasn't a bank error at THEIR BRANCH. Neither of them came out and said it was YOUR FAULT. Otherwise, why would each of them direct you to the other branch, if you don't have a case and you're not due any refunds period?

This is something that will happen sometimes within the same bank. The customer might in fact have a rock solid case and they are due refunds, but when you go to the local branch, they will tell you to call the 800 # to get the fees refunded. When you call the 800 #, they will tell you to go your local branch to get the fees refunded. The reason is, even though your're due these refunds, none of the bank reps want it on their record because the Managers keep up with this stuff. Any bank reps found guilty of refunding TOO MANY overdraft charges will expect a trip to the Principal's office with some explaining to do.

Without further clarification, it sounds like this might be what you're going through. What you should do is go to the local branch, sit down with an account rep and have them conference in the 800 call center on the phone to settle it with everyone involved.

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#2 Author of original report

Response to rebuttal

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

POSTED: Tuesday, October 16, 2007

I want to clarify that this did not involve any checks whatsoever they were all debits.

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#1 Consumer Comment

BAD Education

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

POSTED: Tuesday, October 16, 2007

First, the fact you had $5 and change in the account was not the balance in your account. Per our own admission, you had checks clear that put your account into a negative balance, so the real balance in your account was a negative and not good, OK, or anything except BAD. If you had a check register, you would know the balance in your account is not $5 and change. If these were the first NSF's in your account, I would seriously try and get them reversed by appealing to a branch manager. If this is not your first NSF - I wouldn't challenge it.

Next, it doesn't matter if the checks posted on 10/02/07 or 10/01/07. The deposit you made would not have posted until the checks cleared your account. The bank always posts checks first, NSF's, and deposits last. You didn't indicate this, but I'm certain you also noticed the bank cleared checks starting with the largest to the smallest. In your case, when you checked your account on the 3rd, the checks could have cleared on 10/02/07, with the same exact result.

Next, banks don't put declines on checks. If you have a savings account that ties to your checking (and the savings account has money in it), you can pay a check from your savings without an NSF charge. However, this idea that banks can decline a check is something banks just don't do. They do that in order to protect the people you wrote checks to. Otherwise, you would be a deadbeat to just about everyone in town, your credit in a shambles, and no way to write checks or use debit cards. You would be a cash only customer.

Finally, I wouldn't get a debit card at this point. Aside from the fraudulent acts generally done against debit cards, you need to focus on making certain you don't have anymore NSF's.

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