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Washington Mutual's overdraft legal theft policy

Posted Mon May 12, 2008 4:35 pm, by Daniel H. written to Washington Mutual

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CAVEAT BANKOR
Washington Mutual has taken over a thousand dollars from my account, mostly in 2007, for overdraft fees. If the account falls below balance they allow schedueled payments and debits to continue to go out, charging over thirty dollars apiece. Once, in April 2007 I wrote a check and recieved confirmation that the company recieved payment. Two weeks later on a day that the account fell below $2000 they took the money from the account and collected a whole string of overdraft payments. Once they overdrafted my account because of a check that wasn't even signed by me (is that legal?). Their claim: "we don't nickle and dime you," must mean they are too busy taking dollars from your account to bother with small change. You would think after paying them mortgage interest for four years they would give you a break on some overdraft fees. At the time they had a comercial telling how generous they were with waiving overdraft fees. I called up and the associate told me "you don't have the right kind of account for that." I wish they had told me when I opened my checking account that it would be the wrong kind of accont. Washington Mutual must be one of the top beneficiaries of the billions of dollars banks make in profit on these fees. It is said that they time debits and payments in order to generate these overdrafts and they use some of the profits to then offer free checking and other services. As usual the banks get richer and the people get taken

Refund at least some of these overdraft fees taken on dubious terms.


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by mkirkwag Posted Fri May 16, 2008 @ 4:55 PM

Setting up electronic payments to go out when the funds aren't in the
bank to cover them is actually illegal - it's the same thing as
'kiting checks' - and incurring fees can be the least of your
problems. You can end up in jail for it. I've never heard of a bank
pressing charges, but the payees do. As a fellow poor money manager, I
sympathize, but you should buy yourself some money management software
or, as one person suggested, use a check register for every debit
before you get into serious trouble. It's not the bank's fault.

Reply

by RedheadwGlasses Posted Tue May 13, 2008 @ 1:47 PM

I'm amazed that someone without the most basic abilities to manage
money is able to own a home.

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by Harleycat (aka Usual Suspect #2) Posted Tue May 13, 2008 @ 11:51 AM

You really need to use a check register and not authorize payments or
spend money until you are sure it's in your account. They are well
within their rights to charge you fees in accordance with the terms
and conditions of your account.

Reply


by All About the Branding Posted Tue May 13, 2008 @ 11:51 AM

"Once they overdrafted my account because of a check that wasn't even
signed by me"

Someone forged your signature? If so, I hope you filed a fraud
report. And I hope that they credited the check back to you and
agreed to refund the overdraft fee. If not, then someone on their end
made a mistake.

However...

"You would think after paying them mortgage interest for four years
they would give you a break on some overdraft fees."

Why would you think that? Did anyone ever put in writing a promise
that they would give you a break? Or did you just assume? Surely,
you don't think people should conduct business based only on
assumptions, right? If so, how do you explain the following...

"I wish they had told me when I opened my checking account that it
would be the wrong kind of accont."

When you opened the account, I hope they shared with you the options
you'd have, based on what you were opening your account with and what
you expected to put in the account. Even time I open a new bank
account, they ask me "what kind of balance do you think you'll keep?"
They they tell me the account that fits. They also give me a brochure
that explains the fees and policies. At least, my bank does this.

All of this said, banks DO have terrible policies about how they deal
with overdraft fees. The easiest way to avoid these problems (short
of the fraudulent check you described) is to always carry a balance
such that all checks will clear. Never write a check that requires a
deposit to clear.

You'll (almost) never end up in trouble that way. If you don't have
enough money to make a cushion, try to save up (cancel your cable
subscription) to put away $1000 that you never touch.

Or, stop paying with checks, whenever possible. Physically get the
cash needed to pay bills.

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by Steve-OH Posted Mon May 12, 2008 @ 9:15 PM


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by Donno Posted Mon May 12, 2008 @ 7:00 PM

Um, no. Your mortgage and checking account are two completely
different animals. The bank isn't in business to afford favors to
customers who don't follow the rules.

I had one $30 overdraft fee in my 25 years, and it taught me an
important lesson. I don't plan for it to happen again, but I have a
philosophy on this. If I spent 20 hours a year balancing my checkbook
compared to two $30 overdraft fees for lack of record keeping, that is
a wage of $3 per hour. I would rather pay the $60.

In your case, it sounds like you desperately need to keep a register
and track your balance. It simply isn't worth the fees they are
justifiably charging you for not maintaining a sufficient balance.
You may call the terms "dubious," but you agreed to them. Check your
aggreement.

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