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Wells Fargo charged unfair overdraft fees.
Posted Mon January 22, 2007 12:00 pm, by natasha b. written to Wells Fargo
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I bank at the warm springs marketplace branch of wells fargo, Las Vegas Nevada. I walked up to the teller unsure of how much money was in my account, and I was told that I had about twenty dollars. I asked if anything was pending, and I was told no. Feeling safe and assuming I had overdraft protection as I was told when I opened the account, I made two more charges that day.
Unfortunately, the teller was wrong, and I still had a pending charge. Therefore, I was charged three overdraft fees, two for the purchases made that day, and one for the pending charge. I accept responsibility to for the pending charge one, even if I do feel it's unfair. When I went to the manager to ask if she could fix this, since it was her teller's mistake, she nicely offered to take ten dollars off as a courtesy. I appreciate this, but that doesn't change the fact that I now have three overdraft fees totalling over 100 dollars.
I make nine dollars an hour and I work very hard for my money. Last month I paid an overdraft fee that was also not my fault (merchant charged me twice for a book instead of refunding it) but I really cannot afford to pay three of them in one month.
Refund me two overdraft fees.
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by Carmel Posted Wed November 14, 2007 @ 9:07 AM
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Um,..Question? To those who gave out their saintly advice by saying "Maintain your register", how can ANYONE maintain a blasted thing when the information you may have on your register might NOT match the information the bank may have?
Even if Natasha maintain a register and let's say for the sake of argument that she did have that pending charge on there, it's kinda hard to see if it's pending or not isn't it? Afterall, it's just a paper book use to tally your charges. Unless it's computerize and has a direct link to the bank she has no way of knowing if it's still pending.
Unless of course she goes to visit a teller?
*gasp* oh silly me, that is what she just did.
Yet what did the teller say to her? She said "there was no pending charges", so basically the human result here folks would suggest that she would assume she had no pending charges. Therefore when she went out there and made those other two charges, she did so thinking she was in the clear. How and in the hell could that be considered irresponsibility?
It was the teller who told her there was no pending charges. And oh, guess what, it is the teller's job to answer questions pertaining to her account, regardless if Nastasha kept a register or not. It's what the bank pays them for so please no more talk about it's not being the teller's responsibility to let her know of the balance of her account. If you have a bank account, it is the bank's responsibility to keep accurate records of their client's transactions. In this case they failed. Natasha was given bad information, plain and simple and therefore should not have been charged those fees. Do you think she would have made those charges if she KNEW she still had a pending charge out there? Of course not, that's why she went to the teller in the first place.
Now I never said it's the teller's fault. Hell, she was only going off information available to her at the time. What I am saying is that what Nastasha did was was something anyone could have done, put in the same situation. I check and maintain my account information now all the time. I simply do not trust banks. I check my account online and I even keep a register but even I can mistakes from time to time and get nailed by the 'lovely' bank for it,..even when it's their fault.
The fact here folks is that banks are in business for one thing and one thing only. To Make Money. They really don't give a damn how they get it as long as they get it.
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by Karney Posted Wed May 23, 2007 @ 9:53 PM
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If you have good records, take them to small claims court. It worked for me vs. Wells Fargo.
You're well within the small claims "statute of limitations":
http://www.legalzoom.com/law_library/smallclaims/statuteoflimitations. html
-Karney Hatch
http://www.overdrawnmovie.net
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by MommyG4 Posted Thu January 25, 2007 @ 11:08 PM
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You seem to have a similar problem as I. I verify my account either on-line or at the ATM. The bad part about this is weekends, neither will keep accurate records. I have also noticed on Fridays I can go purchase something for say $10 and it wil show up on-line as a deduction. However, come Saturday, the $10 will not be on there. It may be the next Tuesday before it is back on there.
You do need to keep a register OR get the funds out of the bank in cash and do not write checks. Seems like these are your best options.
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by Refreshed Amanda Posted Thu January 25, 2007 @ 7:42 AM
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1. KEEP A REGISTER... if you don't, you are the person I hate when they come through my teller line.
2. You made the charge, you should have known it was pending.
3. SOmetimes if the system isn't live, the teller doesn't see the pending charge...again, where keeping a register is EXTREMELY helpful.
I guess it all boils down to KEEP A DANG REGISTER!!!
By the way, if a merchant charged twice for a book, the merchant should be the one to refund your money on that fee, NOT the bank.
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by Peter Ceccarelli Posted Tue January 23, 2007 @ 6:52 PM
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Jeez, I typically spend what I have, deduct when I write a check and don't ever worry about over draft charges because I don't write checks for money that I don't have. Novel concept I know, but the only one that makes sense.
Even when I was younger and money was tight, I only spent what I had. It's not the banks fault, even if you have over draft protection. I'm not even sure why they have that. I'm pretty sure they charge for that, so they're actually making money off of it.
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by Jeffrey Posted Tue January 23, 2007 @ 4:25 PM
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Shocking as this may seem...
I don't totally blame Natasha.
While, yes, she's responsible for tracking her own account, I don't think it's unreasonable to rely on information provided by the teller.
I keep great records. I'm anal that way. But, you know, sometimes I make a mistake and miss something. So, I'll use bank records to fill in gaps.
It happens.
And if she was given information from the teller, it should have been correct.
However, I have a guess (although I might be wrong) about what happened.
The teller gave correct information. However, the pending charge didn't appear until AFTER the fact. For example:
Natasha write a check for $50 on Monday morning to Bicsuit Foods. At noon, she goes into the bank and asks if there are pending charges. "No and you have $70 in your account" says the teller. So, Natasha withdraws $65 (thinking she's leaving $5). On Tuesday, the Biscuit Foods check arrives, leaving her account at -$45. The check bounces. Because she has overdraft protection, the bank allows the check to go through (i.e., it actually DOESN'T bounce) but charges her a $100 fee. Which, she doesn't have in the account.
So, it's possible that the teller WAS honest, although without sufficient information.
So, yes, Natasha should watch her own finances. However, the bank should have given her factual information.
Where the question (if my guess about what happened is correct) lies is in whether or not the bank's "facts" were incomplete or not.
Which is what brings most of you to say that it's Natasha's fault since she's the only one that possesses all of the information. She's the only one that knows how many checks she's written. The only information Natasha doesn't have is if there were withdrawals from her account she was not aware of (like the mistaken double-charge for the books).
Maybe I'm feeling like a softy today (after a little chat I had with another regular here, I'm feeling kind of bad).
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by toniacop Posted Tue January 23, 2007 @ 2:38 PM
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Yes, you lose. You are suppose to know what is in the bank and what you have brought. Thats why you keep a log of your charges. Now on the merchant charging you instead of credit they are responsible for that. Or the bank should correct that once you show proof that is what happened. Sorry Dear you need help with balancing your check book.
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Ahhhh
by tickytack Wed January 24, 2007 @ 7:59 AM
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by Bill R Posted Tue January 23, 2007 @ 1:55 PM
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Natasha,
This too shall pass.
If you are still with Wells Fargo check them out at WellsFargo.com and set your account up so you can monitor it online.
You might also look into the viablity of a debit card.
Good luck.
Bill R.
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by Cass Posted Tue January 23, 2007 @ 7:57 AM
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I feel for you, but it's not the teller's responsibility to know how much money is in your account. It's yours. You should log every check or debit card transaction in your checkbook as soon as you write the check or swipe the card. It's too easy to lose track if you don't.
You may have some recourse with the overdraft from last month, by the way, if it was the merchant's error. I would talk to the bank about that one.
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by Courtney C Posted Tue January 23, 2007 @ 2:47 AM
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It's your own fault that you don't keep track of your money. If you're old enough to have an account, you're old enough to keep track of your spending and accept the responsibilities should you fail. And they DID give you overdraft protection! They protected you from your payment being refused at the store and the STORE coming after you as well. The cost of that protection? Overdraft fees! Buy yourself a little register, pay the fees you owe, and keep track of your own money from now on.
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by Gino Version 1.2 Posted Tue January 23, 2007 @ 12:10 AM
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Wow. Why bother banking at all? One day you'll find yourself with a $9.99 balance and an ATM card, and THAT would be the ATM'S fault I suppose?
Seriously, I think the bank manager was more than generous offering ten dollars off the fee. Everyone should keep track of their finances and balances, especially when they work hard for their money.(And even then we ALL make mistakes from time to time)
I used to shrug and roll my eyes when I was young and my parents said thing like : "mind your cents and the dollars will take care of themselves" and "Don't run with scissors" but there's some wisdom in there.
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by A. R. Posted Mon January 22, 2007 @ 10:33 PM
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Correct me if I'm wrong, but isn't overdraft protection where you pay a fee when the bank covers charges when you have no money in your account? At least that is the way it works at my bank, I am pretty sure. So if the bank covered those two charges, and the one pending charges, you would 1- owe an overdraft fee to the bank for paying all three charges (meaning they weren't returned to the merchant as bounced checks), and you would 2- also need to deposit enough money to cover the money that wasn't there for the charges, and also for the fees.
If the bank paid a charge when you had no money in your account, then yes you actually did have overdraft protection and it worked how it was supposed to and the overdraft fee is totally fair.
And I am sure the bank will respond to the "it was their teller's fault" argument with the "it's your responsibility to know your balance on your account that you are in charge of" argument- I think there might even be something to that effect that you sign when you open the account?
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by S. Brown Posted Mon January 22, 2007 @ 7:44 PM
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" . . . unsure of how much money was in my account. ." says it all. It is your responsibility to maintain a check register and know what your balance is at all times - - this isn't the bank's job. It is also your responsibility to know what debits you have authorized, which have cleared and which are pending. You also "assumed" you had overdraft protection when you opened the account - - this is a line of credit that you apply for so did you apply (and were approved) or not? Obviously not.
The Teller did not make a mistake - - you did. How in the world would they know if you had a pending debit?
I'm getting a little tired of people complaining about overdraft fees and claiming they are unfair when it is is clear that they are simply not managing their checking accounts and looking for someone else to blame.
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protection
by natasha buttell Mon January 22, 2007 @ 7:55 PM
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Yes, it was
by tickytack Tue January 23, 2007 @ 8:08 AM
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Hmmm
by tickytack Tue January 23, 2007 @ 4:30 PM
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