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Can Banks Do this?

LuNoTiCK

Diamond Member
My friend closed an account at wachovia, and her HR office messed up and sent her the direct deposit to the account.

Another company which she wanted to stop doing business with and she's on a monthly payment plan attempted to withdraw money.

Wachovia decides to reopen the account, pay her, take the check and charge her an overdraft fee. Is that even legal?
 
Originally posted by: XZeroII
why is this Wachovia's fault? Where is the fraud?

this is a horrible rant.

Because the account was closed, and they took it upon themselves to not decline a payment and reopen the account + charge a overdraft fee.
 
Originally posted by: LuNoTiCK
Originally posted by: XZeroII
why is this Wachovia's fault? Where is the fraud?

this is a horrible rant.

Because the account was closed, and they took it upon themselves to not decline a payment and reopen the account + charge a overdraft fee.

Maybe there's something in their account agreements that states they're able to do this within XX days of closing an account...?

I'm going to agree that the fault seems to lie with the company that sent the check to Wachovia and/or the company that attempting to withdraw money from Wachovia rather than with Wachovia itself. Also, if your friend failed to stop the auto-payment, then some fault also lies with her.
 
when i closed my account i signed a form but the lady told me it would take a day or something...
 
Originally posted by: Whisper
Originally posted by: LuNoTiCK
Originally posted by: XZeroII
why is this Wachovia's fault? Where is the fraud?

this is a horrible rant.

Because the account was closed, and they took it upon themselves to not decline a payment and reopen the account + charge a overdraft fee.

Maybe there's something in their account agreements that states they're able to do this within XX days of closing an account...?

I'm going to agree that the fault seems to lie with the company that sent the check to Wachovia and/or the company that attempting to withdraw money from Wachovia rather than with Wachovia itself. Also, if your friend failed to stop the auto-payment, then some fault also lies with her.

I just don't see how it's in the banks right to reopen an account, and then charge you an overdraft fee, they only reopen it AFTER the check comes in. Wachovia should have returned the check.
 
Originally posted by: LuNoTiCK
Originally posted by: XZeroII
why is this Wachovia's fault? Where is the fraud?

this is a horrible rant.

Because the account was closed, and they took it upon themselves to not decline a payment and reopen the account + charge a overdraft fee.

The bank should have refused the direct deposit on a closed account, too.

If it's not illegal, tough shit. If it IS illegal, you need to be talking to authorities.
 
Originally posted by: LuNoTiCK
Originally posted by: Whisper
Originally posted by: LuNoTiCK
Originally posted by: XZeroII
why is this Wachovia's fault? Where is the fraud?

this is a horrible rant.

Because the account was closed, and they took it upon themselves to not decline a payment and reopen the account + charge a overdraft fee.

Maybe there's something in their account agreements that states they're able to do this within XX days of closing an account...?

I'm going to agree that the fault seems to lie with the company that sent the check to Wachovia and/or the company that attempting to withdraw money from Wachovia rather than with Wachovia itself. Also, if your friend failed to stop the auto-payment, then some fault also lies with her.

I just don't see how it's in the banks right to reopen an account, and then charge you an overdraft fee, they only reopen it AFTER the check comes in. Wachovia should have returned the check.

I agree, the confusion would've been avoided if they'd just rejected the check. That's why I'm wondering if there's some statement in their account agreement that says this can be done within some window of time after closing an account...

Edit: Although in my experience, Wachovia is generally fairly easy to work with. If your friend gives them a call, they'll likely waive the fee; they've done it for me in the past.
 
I think ACH payments can do that automatically sometimes. I remember closed accounts re-opening seemingly on their own due to the members having automatic debits set up (I worked at a credit union).

Really it's her fault and the other company for trying to take the debit.
 
Another company which she wanted to stop doing business with and she's on a monthly payment plan attempted to withdraw money.

Sounds like she tried to run out on a debt. Closing your bank account doesn't end your responsibility for your gym membership, cable bill or whatever.

Karma?
 
Originally posted by: DaveSimmons
Another company which she wanted to stop doing business with and she's on a monthly payment plan attempted to withdraw money.

Sounds like she tried to run out on a debt. Closing your bank account doesn't end your responsibility for your gym membership, cable bill or whatever.

Karma?

That's what I'm thinking. You don't just close your bank account to stop getting bills.
 
Originally posted by: DaveSimmons
Another company which she wanted to stop doing business with and she's on a monthly payment plan attempted to withdraw money.

Sounds like she tried to run out on a debt. Closing your bank account doesn't end your responsibility for your gym membership, cable bill or whatever.

Karma?

That's what I was getting at. I think the bank is required to try and pay those ACH debits.
 
Originally posted by: Bignate603
Originally posted by: DaveSimmons
Another company which she wanted to stop doing business with and she's on a monthly payment plan attempted to withdraw money.

Sounds like she tried to run out on a debt. Closing your bank account doesn't end your responsibility for your gym membership, cable bill or whatever.

Karma?

That's what I'm thinking. You don't just close your bank account to stop getting bills.

It wasn't for that. Every responsibility was still there, it's just someone she knew used her account to sign up for a web host, she didn't want to get them into trouble so she thought if she closed the account the payment would stop.

Honestly I think that was a dumb way to do it, should have called the company up if anything.
 
Originally posted by: LuNoTiCK
Originally posted by: Bignate603
Originally posted by: DaveSimmons
Another company which she wanted to stop doing business with and she's on a monthly payment plan attempted to withdraw money.

Sounds like she tried to run out on a debt. Closing your bank account doesn't end your responsibility for your gym membership, cable bill or whatever.

Karma?

That's what I'm thinking. You don't just close your bank account to stop getting bills.

It wasn't for that. Every responsibility was still there, it's just someone she knew used her account to sign up for a web host, she didn't want to get them into trouble so she thought if she closed the account the payment would stop.

Honestly I think that was a dumb way to do it, should have called the company up if anything.

Yep, pay the fee and move on.
 
Originally posted by: LuNoTiCK
Originally posted by: Bignate603
Originally posted by: DaveSimmons
Another company which she wanted to stop doing business with and she's on a monthly payment plan attempted to withdraw money.

Sounds like she tried to run out on a debt. Closing your bank account doesn't end your responsibility for your gym membership, cable bill or whatever.

Karma?

That's what I'm thinking. You don't just close your bank account to stop getting bills.

It wasn't for that. Every responsibility was still there, it's just someone she knew used her account to sign up for a web host, she didn't want to get them into trouble so she thought if she closed the account the payment would stop.

Honestly I think that was a dumb way to do it, should have called the company up if anything.

So this person used her account to sign up for something and was taking her money when she didn't want them to do it? That sounds like theft.

Also, if she didn't want the other person to get in trouble just stopping payment isn't a good way of doing it. It can mess with their credit, even for stupidly small missed payments.
 
Wow, tough crowd..

I'd be pissed if I closed an account and the bank re-opened it without my authorization. They should have returned the deposit and denied the ACH.

Edit: My fiancee is a personal banker at Wells Fargo, and she said "wtf? Once an account is closed, its closed... unless this all took place within a few minutes."

Though, they've just started transitioning, so Wachovia is still using their system, not Wells Fargo systems.
 
This is why I will never give a company direct access to my bank account. I have no problem sending them off a check every month (or doing bill pay, which is free at most banks now). I don't see any "convenience" in giving a company direct access to my funds. I've heard of people giving direct access for trivial stuff like magazine or newspaper subscriptions, then getting billed months after canceling the service.
 
Originally posted by: LuNoTiCK
My friend closed an account at wachovia, and her HR office messed up and sent her the direct deposit to the account.

Another company which she wanted to stop doing business with and she's on a monthly payment plan attempted to withdraw money.

Wachovia decides to reopen the account, pay her, take the check and charge her an overdraft fee. Is that even legal?

Naive dumb ass alerts going off all over the place

Yes they can do this, since an ACH authorization was already in place. If future difficulty was anticipated, said friend should have put an ACH block on before this incident took place or stopped the authorization at the creditor. How is this fraud and how is this the bank fault?

 
I don't know the laws, but from what I've seen, an account never really closes since there may always be outstanding checks and or automatic payments that you are still liable for. The bank can "reopen" it as they please (it isn't really reopening since you were the one who had written the prior check or authorized the prior automatic payment). Posts like this come up a couple of times a year.
 
Originally posted by: dullard
I don't know the laws, but from what I've seen, an account never really closes since there may always be outstanding checks and or automatic payments that you are still liable for. The bank can "reopen" it as they please (it isn't really reopening since you were the one who had written the prior check or authorized the prior automatic payment). Posts like this come up a couple of times a year.

This is true, and it's the reason I do everything I can to avoid ACH transactions now.

A year ago I had a dispute with Gold's Gym on my contract. I called my bank (also Wachovia, but I feel any other bank would have behaved the same) and told them not process any more ACH transactions with the merchant. I was stunned when the CSR told me that they could not block the transactions, and offered their dispute resolution instead.

I did not want Wachovia in the middle of my dispute with Gold's. I told the CSR that I intended to close the account to prevent anymore ACH transactions (this is the odd part, the CSR should have told me at this point that closing my account wouldn't stop the transactions, but she didn't).

The next day I walked into the nearest branch, and closed the account (I didn't have any outstanding checks). Sure enough, the next statement came showing a massive overdraft with lots of fees. I called the CSR and learned just how incredibly helpless you are in these situations. Wachovia agreed to forgive half the fees since they had not done a good job of communicating the potential for this kind of event, but they never followed through.

I chalked it up as an expensive lesson. I immediately cancelled the recurring ACH I had set up on my mortgage and utilities. I still have ACH on a couple other items, but they are for much smaller amounts and I haven't figured out how to get rid of them yet (I still use the services).

Recurring ACH is marketed as a convenient way to pay bills with no disclosure about the loss of control you suffer over your money. My suggestion to everyone is to not use ACH until the policies have a little sanity.
 
Originally posted by: CRXican
Gyms seem to be fanatical about getting their money, especially Ballys.

I'm fine with that. I do not like to lose control of my money. If Gold's thinks they can torture the language in the contract to make me owe them another $700, they can take me to court and make the argument in front of a judge. As it was, they simply pulled the money out of my bank. And just to be clear, I do not blame Wachovia or Gold's; (although I would never do business with Gold's again).

I simply think that this is an area that need to be regulated to protect consumers.
 
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