Help ME!!!!! Check Company Screwed Me Over!

FettsBabe

Diamond Member
Oct 21, 1999
3,708
0
0
Ok. on 9/16 Psycho went to withdrawl money from the atm. The atm card didn't work, so he proceeded to go into the bank to find out if the magnetic strip had been demagnitized. Nope, the card was fine, but the account was frozen. Apparently, someone had opened a new account and told our bank that they knew someone that worked at a check printing company and would get their checks there.

I had ordered from this company in the spring. They require that they first order come from the bank (bank has to call and verify account accuracy). The employee didn't do this. They pulled up an old account and altered information, which just happened to be my account. However, they forgot one important thing....to change the checking account number. After printing the checks they gave them to the person who opened the account. They wrote 4 or 5 checks before realizing "OOOPS this isn't our account number." They called the bank and the bank told them to bring the checks to them immediatley. They did. The checks were shredded and our account was frozen.

We had to do without an atm card for 2.5 weeks. Without real checks for 2 weeks. Meanwhile within three days we had plans to go to San Francisco for a minivacation. We didn't have access to all of our money so we couldn't do alot while we were there. Yes, we could have wrote a counter check to the bank for cash, but then we would have to carry cash around downtown San Francisco. That isn't a good idea...no matter where you are. Travelers Checks are not readily accepted the way they use to be.

Anyway, we suffered $385 in acutal monetary damages. What do you think is justifiable for me to settle for? They offered $500.

The airplane tickets were 858 a piece. Hotel was $133 a night.

If you have any court cases or any documentation please pass it on to me. :|

BTW, the company representative that I'm talking to said the attorneys didn't know what to put down for punitive damages for the tort violations, privacy act violations and product liability violations. Any supporting cases is greatly appreciated.

I don't want to milk the company but I do want what is reasonable.

Thanks Guys, you are the greatest.
 

hungrypete

Diamond Member
Aug 4, 2000
3,001
0
0
I'm no lawyer, but I believe you are entitled to every penny that their mistake cost you. If they begin to give you grief about paying for your missed vacation (did you pay for plane tickets that you cannot use now?) then threaten to get a lawyer and sue over the privacy issue too. Otherwise just politely demand they reimburse you for every penny of actual money loss, and then go find a new bank! ;)
 

PsychoAndy

Lifer
Dec 31, 2000
10,735
0
0
Oy. I'm not sure I can understand everything here, but from what I can ascertain:

Someone stole your ATM card and combined with the actions, or lack therof of moron employee led to massive inconvenience for you.

RossMAN: I need backup.

As far as claiming damages, I'd be raising hell. Keep in mind: You are talking to someone who's almost been banned from staples for coupon abuse.

I dont see why your life should sufffer from the incompetence of others. Your vacation wasnt all it could have been, so it wasnt really a vacation. I'd bill them for the tix and the hotel and say that they should be glad I dont report them to the state attorneys, but I wouldnt go much farther than that.

-PAB
 

FettsBabe

Diamond Member
Oct 21, 1999
3,708
0
0
No one stole the atm card. Psycho is my hubby. He went to withdraw money and thats how we found out the account was frozen.

Ok, PsychoAndy, I agree with you. I thought $3000 was a good figure.
 

PsychoAndy

Lifer
Dec 31, 2000
10,735
0
0
Originally posted by: FettsBabe
No one stole the atm card. Psycho is my hubby. He went to withdraw money and thats how we found out the account was frozen.

Ok, PsychoAndy, I agree with you. I thought $3000 was a good figure.

Ah, ok. That explains a lot then. :p

I demand more, so I usually get more. I took dell for a ride several times this year already.

I thought you were talking about PA and I was like....he's been nowhere near the tri state area... But wait. He has been recieving weird phone calls at 5AM and mysterious packages in the mail.....

BTW, its PAB :p

-PAB

 

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
5
81
Originally posted by: FettsBabe
No one stole the atm card. Psycho is my hubby. He went to withdraw money and thats how we found out the account was frozen.

Ok, PsychoAndy, I agree with you. I thought $3000 was a good figure.

I have never been in that situation before, but I think $3k is a bit excessive. actual momentary damages were $385. They offer $500. I would probably say 2x actual 3x MAX or about 1200 MAX. I would be happy with 1k. Hell, I would be happy with 500 :)

Banks do not normaly offer $$ for their mistakes, unless they misplace a few grand from your account.

But this was a stupid error on the part of the bank.

Actually, you know what, forget what I said. They wreched your vacation. I think they should pay for you to do it again, but this time actually have fun. That sounds fair to me. They pay for your plane, hotel and rental. Then you have fun.

<edit>
PAB, get your own damn nic :p
 

DaveSimmons

Elite Member
Aug 12, 2001
40,730
670
126
I agree: they ruined your trip, they should pay the cost to do it again properly. $3,000 sounds about right plus any (real, non-padded) attorney fees.