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sfbarry · Mar 30, 2007, 01:49 PM

Ok so I just noticed last night when I was trying to take money out of the bank that I don't have funds, this was funny since I knew I had a lot of funds in there.

It turns out that someone deposited 3,000 dollars into my account more then a month ago, and I thought my mother had deposited the money.

Now the bank has taken the money that was left in my bank account, and put me into negative 1,300, Can they do this?
This is THEIR Fault.

Chase is my bank

Thanks please respond ASAP

excon · Mar 31, 2007, 07:47 AM

Hello sf:

Their fault?? Noooo, not really. It's kind of up to you to manage your account. You didn't. You made an assumption that turned out to be wrong. That sounds like it's YOUR fault, to me.

Indeed, if $3K turned up in my account, I'd want to know exactly where it came from. But, that's just me. Actually, that should be YOU from now on, too.

Of course, they took the money that was left. It wasn't yours. They're also going to want you to pay back what you spent.

I don't know. Maybe moneyed people give their kids thousands of $$ all the time and don't tell them about it. But, you don't appear to be from moneyed people, so $3 grand showing up in your account wouldn't be a normal occurrence, would it?

Nahhh, I think you knew it wasn't yours, and you spent it anyway. Look, I don't care. I'm not here to judge. I understand stealing, really I do. I just don't like BS.

excon

ScottGem · Mar 31, 2007, 07:50 AM

Of course they can do it. It WAS NOT your money to begin with. I'm like excon, if $3K turned up in my account I would definitely make sure of where it came from.

I think you can get Chase to waive any any fees resulting from the error if you ask nicely. But all they were doing was correcting a mistake you should have caught yourself.

shygrneyzs · Mar 31, 2007, 07:52 AM

You noticed the deposit of three grand and thought your Mom deposited it for you. And you never called your Mom to thank her? Hmmmmmm... That sounds fishy.

The bank took the money back, as they should and will. This is your screw up. When you saw the deposit, you should have called the bank and reported it. Before going and spending it. Yes, banks make errors. But that does not excuse yours. Is the bank going to charge you with anything? They could.

Fr_Chuck · Mar 31, 2007, 09:41 AM

As noted, yes they can take it, since it was a error, you will need to make arrangements to repay the money.

missk · Mar 31, 2007, 01:22 PM

I used to do this all the time when I worked at the bank. I worked in collections and like excon said you should be aware of what is coming in and out of your account. Just out of courtesy, I would have called you and informed you of this but that's just me. People need to realize that banks are the middle people here and people make mistakes but that is just what it is-a mistake. We all know money doesn't grow on trees. :)

ScottGem · Apr 19, 2007, 03:58 PM

As excon said you don't seem to understand the difference between telling the unvarnished truth and being rude. It's a fine line, but it does exist.

And its nice you can find laws, now find ones that APPLY to the situation. In this siutation the bank made an error. They corrected that error. The FDCPA has absolutely NOTHING to do with that situation. While I agree the bank should provide an explanation and even pay any bounce check fees. I doubt if there is any law that compels them to do so.

ScottGem · Apr 19, 2007, 05:29 PM

That you were rude and harassing to the banks so that they did what you want doesn't mean they were required to.

You are DEAD wrong that the FDCPA applied in either the OP's case or your personal case. There was no lending, no credit issue and it does not apply. Your boss waving the FDCPA just said to them, he's not going to go away and he's going to make a fuss, so lets give in.

In the first instance, the bank was responsible for fixing their error. I'm surprised they even went to court on it. But under banking laws, not the FDCPA. The judge overstepped the law, but not justice in ordering them to write the letters.

In your personal experience, the bank was wrong in saying they didn't need to honor the teller's receipt. And yes, referring to bank examiner's will put fear into most bankers. But let me gets this straight, you waited 3 weeks, during which you NEVER checked your bank balance? If I was depositing a check that size, I would have been checking my bank balance daily. And I would not have written a check that size until I checked my balance.

missk · Apr 19, 2007, 06:18 PM

ScottGem, I'm confused about your posts. Did you mean to post them somewhere else?

ScottGem · Apr 19, 2007, 07:13 PM

Originally Posted by missk

ScottGem, I'm confused about your posts. Did you mean to post them somewhere else?

As excon said, the posts that I was responding to were removed so mine do look at out place. Not sure why they were removed, wasn't my idea.

Fr_Chuck · Apr 19, 2007, 07:53 PM

That was my fault, maybe I should have edited out the comments to or about excon ( not that he needs my protection by any means) and then excons comments back really were not added to the thread and was out of place, esp for a new member to come in and not understand the question and then go off toward senior members.

Trying to keep the posts civil and well civil anyway.

It is hard to decide on the delete or edit sometimes, but since the poster was so off base on his answers and his comments, felt it was better for the thread to get rid of it and make it go back in a better direction

curious_moth · Apr 25, 2007, 03:46 AM

Hello, it's my first day here. I hope you would all read my question and help me in some way. RE this post, I think the one who should be pitied now is the person intended to deposit that 3000$. I hope it didn't cause that person great damage. I wonder...

missk · Apr 25, 2007, 04:33 AM

If there was any damaged caused to that person, the bank would have taken care of everything.

curious_moth · Apr 26, 2007, 12:29 AM

Originally Posted by missk

If there was any damaged caused to that person, the bank would have taken care of everything.

I hope so... :)

excon · Aug 22, 2007, 01:41 PM

Hello 318:

It's not a good idea to piggyback on another's thread. Hopefully, yours will be moved shortly so that you can get the benefit of everybody's advice.

The police work for the District Attorney. When a crime has been reported, if the DA thinks he can get a conviction, he's going to try. That's what he's SUPPOSED to do. That's his job. He doesn't work for the bank. What the bank does has no influence on his decision.

The fact that you ARE paying the money back will help you when it comes time to consider your sentence. But, it won't stop them from prosecuting you.

excon