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Wells Fargo Removed My Girlfriend's Savings
Posted Wed August 13, 2008 12:00 pm, by Josh P. written to Wells Fargo
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To whom it may concern:
This question is for my girlfriend, whom has spent countless hours on the phone with Wells Fargo, and even spoke with a branch manager to get this issue resolved. But she is getting nowhere, and is now an emotional wreck and can't even talk to people on the phone without bursting into tears. And frankly, its driving me nuts!
My girlfriend, 21 years of age opened a checking/Savings account 2 weeks before her 18th birthday. The Bank would not allow her to open it on her own, unless her Mother was on the account with her. So now they have a checking account and a savings account with her and her mothers name on it. This account has NEVER been used by her mother in the 3 years it has been open, and she has direct deposit setup and gets weekly paychecks deposited.
Two weeks ago her mother over-drafted her OWN account roughly $1200 we are estimating, keep in mind this is a completely different checking account that is only in her mothers name. Well, because her name was also tied to my girlfriends account, they removed her entire savings from her account $500 just because its got her moms name tied to it. Is there anyway my girlfriend can get her money back, and her mom get stuck with the overdraft. My girlfriend is an emotional wreck, and its driving me crazy! Please Richard, help us out.
Thanks,
~Josh
A Concerned and Annoyed Boyfriend.
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by Jessica P. Posted Sun August 17, 2008 @ 4:14 PM
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If she has overdraft protection set up on Mom's account, then that's that. They can take money from any savings account in the company that has Mom's money.
Looks like Mom owes her daughter a thank you and $500.
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My dad was always on our case about good money management starting young, so he wanted all of us to have a checking account as soon as we started working. He decided to have us go through Wells Fargo, since that is where he banked, and would sign for us on our checking accounts. His name never appeared anywhere, I dont know how they did this, almost as if he was an invisible co-signer. Everything was in my name from statements, to checks, to deposit slips. No where was his name on it, however he was still linked. So when my brother overdrew his account, they pulled money out of all of our accounts, which I thought was really strange. Why not just take the entire amount out of one account that had enough to fund it?? I dont know, but they pulled money from everyones account, without our knowing, so in turn all of our accounts were messed up and ended up costing my sister and I fees for overdraft ( my dad was the only one who didnt get overdrawn because he had ample amount of money for his stuff plus what they pulled out ) but for my sister and I who were teenagers, we overdrew our accounts. Needless to say, my dad was so very angry he went in there and closed all of the accounts.
Just for everyones information, if you are looking for your teenager to get a checking account or are under 18 and want one, Wachovia opens them starting at age 15 for students. I bank there and told my little brother about it, who was looking to start his own. It is called the student checking account and all you have to do is provide your school's name and year that you will be graduating I believe and you can have a good checking account without having to tie it to anyone elses name.
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by Bobosgirl Posted Fri August 15, 2008 @ 1:19 AM
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Unfortunately, WF had the right to do this, and I know this from personal experience learned the hard way. I helped my oldest daughter open an account when she turned 16 at WAMU. I already had a checking account with them. Someone hijacked my checking account, and it was about a week before I found out- when things started being declined and bouncing. After 7 days, the computer automatically closed my daughters account ( because my name was on it) and took the $7.59 she had in it ( I gave her $8 to cover that, and she opened another account at a credit union, as she was now over 18). I eventually got all the charges reversed, but changed banks because my confidence in WAMU was now pretty low.
When my next daughter opened an account and I co-signed, she went in 2 days after her 18th birthday, and the bank removed me from the account, as she was no longer a minor. Simple.
Your girlfriend is probably not going to get her money back from the bank, and will have to go after her mother for it. Take heart, at least this will not affect HER credit, only her Moms. She could have avoided all this by removing her Mom from the account 3 years ago, when she was no longer a minor.
Good luck-
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There are many types of accounts with specific terms. As you know she needs to be of legal age to open a checking account which is why this was set up this way, however if it is a custodial account at all the terms need to be changed on the account, or close the account and open a new one. She could have been a minor and had a paycheck directly deposited into a savings account without having it be a custodial or joint account. Have her direct deposit the paychecks into a new account without anyone else's name on it. Also, she needs to sit down with her mother and work this out,have her pay it back to her.
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Judge Judy will make it right!
Good Day
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by Donno Posted Wed August 13, 2008 @ 8:14 PM
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It is nice of you to write on your girlfriend's behalf, but she needs to pursue this herself since it is her account and she is an adult.
I would not be surprised if the bank has a right to do this if her mother is on both accounts. I don't know the law, but it makes sense. When people co-own an account, they are joined at the hip financially. From the bank's perspective, they probably have a right to go after any funds that are in her mother's name.
Obviously there must be a family issue that prevents your girlfriend from obtaining what she deserves (the $ + the fee) from the correct entity - her mother. I hope she and her mother can get this straightened out, and of course that her mother's name is removed from the account. Good luck (to your girlfriend).
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by todesengel Posted Wed August 13, 2008 @ 7:18 PM
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Thank you guys so much for the advice! I really really really appreciate it! I will be giving the FDIC a call, and possibly filing with the BBB. Her mom is willing to help us do what we can, and is willing to talk to whoever we need to help us. But she just got laid off from her job, and can't pay us back. Basically the only way we can get it back is if Wells Fargo reverses the savings and leaves the mom with a even higher negative balance. Which the mom is in favor of. I am going to continue fighting this, and I will keep you guys updated!
Thanks again for all your help and advice!
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by calm Posted Wed August 13, 2008 @ 5:37 PM
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I agree with Harley. If the terms and conditions allow them to cover overdrafts in this way, I doubt they're going to decide that your girlfriend's claim on the money trumps theirs. In a situation like this, I would imagine anyone who is not on the overdrafted account but is on the account from which the bank took the money is going to claim that it's really their money. If they were going to respond to that sort of claim by giving back the money, they probably wouldn't be taking money from joint accounts where one party wasn't involved in the overdraft in the first place.
I hope that your girlfriend, her mother, and their bank are able to get this all worked out quickly and with as few consequences to your girlfriend as possible. It does sound like a pretty appalling set of circumstances.
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First of all even though your girlfriend is frustrated with this bank she needs to write this letter. Its her account...and her mother should also be involved since she is on the account and was the cause of all these problems.
And I realize its after the fact but she needs to have her mom removed ASAP from her accounts. She is 21yrs old and can have her own accounts in her name.
Her history is good sans the mother overdrawing so I see no reason why they will not review this and find in her favor. If they do not she needs to take her business somewhere else.
My son has been on my accounts since he was 16yrs old at both my bank and my credit union but they have NEVER removed monies from my account to cover his when he was in the minus. I would be furious if this happened.
Please keep us posted as to the outcome...but again she may need to change banks.
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Wow. Good reminder to us all to keep tabs on the names on our accounts and remove them whenever possible.
Josh -- you sound like a good guy. Hopefully you won't get bashed too hard by folks who tell you that your girlfriend should deal with this herself.
You may want to give the FDIC consumer response center a call at 1-877-275-3342 (8a - 8p M-F ET). They can probably tell you what your rights are in this situation.
Hope it works out. Let us know.
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Thank you!
by todesengel Wed August 13, 2008 @ 7:43 PM
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