Bank Of America Stop payment error...twice! Nationwide

I won't turn this into a "hard luck...woe is me" story, and suffer the wrath of the people that post on RipoffReport, saying "learn how to manage your bank account". I'm trying, but Bank of America isn't making it any easier...

Here's the situation: I had an authorized, direct draft payment going to a company called "Protect America". That company is another story...search for them on this site, you'll see what I mean. I paid $29.95 for 51 months on a 36 month contract with Protect America. I thought the contract would be "monthly" after the 36 months was up. I (and I know this is MY error) didn't read the "fine print", and am stuck in the contract until March 2010. I found out that my signature isn't on the contract, so I refuse to pay them one more dime. I found a new alarm service, and told Protect America that I didn't want to use their service any longer. I was told that the contract renews every year (for a whole year), unless they are given at LEAST 60 days WRITTEN notice. Oh well, My bad...

So, I call Bank of America on June 3rd, and put a "STOP PAYMENT" on the automatic draft for Protect America. The charge for a Stop Payment is $28.00. The payment to Protect America was drafted on the 15th of every month. On the 15th of June, I see a payment to Protect America in the amount of $29.95. To say I was livid is an understatement. I called B of A on the 15th of June, and asked why I was charged $28.00 for a Stop Payment for Protect America, and the money was still paid from my account. The Customer Service Rep apologized, and got an authorization to refund my Stop Payment fee of $28.00. I was then told that I had to file a dispute of the charge, to the Dispute Department. Great, another 20 minutes on the phone. I filed the dispute over the phone, then got forms in the mail from the B of A Dispute Dept. I had to send in the forms, and did so immediately, probably around the 20th of June.

Now...here's the part of the story that will cause all the "responsible" people out there that post on this forum to have issues with my post: I live, like a lot of other folks, "almost" payday to payday. I'm not wealthy, but I manage to "get by" every month. Legally, I might add.

I had about $25.00 in the bank last night (14 July), and get paid on Thursday. So, I had LESS THAN $25.00 to make it ONE DAY...No problem, or so I thought. I needed gas, and just thought that since I was cutting it so close to payday, that I should check my account, before I went to the gas station tis morning. I called B of A, and hear this: "Your account is currently OVERDRAWN by $5 dollars and some odd cents" (No it didn't actually SAY "some odd cents"!). I called Customer Service, and asked what was drafted from my accouont to bring it into an overdrawn status. I waited at LEAST 3 minutes (don't they use computers for this stuff?) to be told that the charge was for $29.95 to PROTECT AMERICA.

I asked why they would send a payment to Protect America, when B of A can SEE that there is a STOP PAYMENT TO PROTECT AMERICA on my account?

Here's the answer I was given, and this not a quote, but something to the affect of: "Sir, just because a Stop Payment is in place for Protect America, doesn't mean that the money will not be drafted from your account TO Protect America. The money is drafted from the account, then once it is researched and verified that there is a Stop payment in affect to that company, the money will be placed back into your account at the end of the busines day".

I asked if I would be charged an overdraft fee, and was told "No, you will not be charged an overdraft fee, because when the $29.95 is credited back to your account at the end of the business day, you will not be in an overdraft status".

Great...I don't have access to the money until then end of the business day, and guess what? Knowledge that I have $29.95 "floating" around in B of A's system isn't paying for gas...or any other small item I might need on the way home from work.

I'm sure some person with legal knowledge, or some B of A employee will say "That's all covered in your Terms of Service"...but I'm callin' B#LLS*IT on this one!

Thanks, Bank of America! Anyone have the number to Chase Bank!?

At1984
Spanaway, Washington
U.S.A.