Can we sue my girlfriend's bank?

[ranmaniac]

American Express Traveler's cheques, don't leave home without them!

 

[krylon]

:camera: of girlfriend

 

[Leros]

Originally posted by: idiotekniQues
you screwed up. not with the bank, but with your vacation choices. who the hell would want to vacation in texas?

maybe they were coming to visit me?

 

[hanoverphist]

Originally posted by: Marlin1975
So this 1 debit card was your only source of money?

Sorry but that is not their fault. And as long as they are making good, all be it slow, on what they said anylawsuit would probable lose and/or cost more then you even get.

sorry, this is one of the few things that makes me cringe like a mofo

al·be·it
/?l'bi?t/ Show Spelled Pronunciation [awl-bee-it] Show IPA
?conjunction
although; even if: a peaceful, albeit brief retirement.

its all one word... albeit

 

[novasatori]

lesson learned - debit cards blow

i used to strictly use my debit card, but one experience like this is enough for me to not even have a debit card issued anymore
credit cards only for me, if i've got the cash to use a debit card that means I can pay the CC bill when it comes too, but I get added protection, cash back, and in some cases extended warranties, oh yeah, and I'm not on the hook if its stolen

 

[waffleironhead]

Originally posted by: dainthomas
'SNIP"

OP should sue himself.

:beer:

 

[sao123]

Originally posted by: Fmr12B
Neither one of you have a credit card?

this?

 

[LordMaul]

Originally posted by: Marlin1975
So this 1 debit card was your only source of money?

Sorry but that is not their fault. And as long as they are making good, all be it slow, on what they said anylawsuit would probable lose and/or cost more then you even get.

Did you just seriously spell "albeit" as "all be it"?

....seriously?

 

[Dulanic]

Originally posted by: Eug
How did they get the PIN for the debit card?

EDIT:

Ah I see. So CC-like debit cards have no real protection? If not, that's stupid.

Not true. They have the same protection as long as you use it as a credit card and not PIN based. Either way It's all governed by Regulation E and the bank is only required to resolve your dispute or provide provisional credit while they research within 10 business days. Visa and MC have the exact same rules whether it's debit or credit as long as it's done through their networks (done as credit not pin).

 

[alkemyst]

you need to read the terms and conditions. Many CC/debits require reporting fraud within 24 hours of the fraud happening. Some have different levels you are responsible for. There is no standard.

 

[Throwmeabone]

Originally posted by: slugg
Bank of America, if you were wondering...

There's your problem right there..

 

[Dulanic]

Originally posted by: alkemyst
you need to read the terms and conditions. Many CC/debits require reporting fraud within 24 hours of the fraud happening. Some have different levels you are responsible for. There is no standard.

There is a standard. I'd have to research the exact time frame. Up to a certain amount of time the customer is liable for $0. Then there is the next tier and the customer is responsible for up to $50 then $500. But I cant remember the time frames. However any decent bank should have $0 fraud liability if reported within 60 days of your statement date.

 

[Zenmervolt]

Originally posted by: slugg
Well, the bank did fail to cancel the card when it was stolen, and they said they had already canceled the card, but it wasn't. Not only that, but they didn't even reverse all the charges. Her account is still useless...

Had they truly canceled the card like they said they did AND as they were supposed to, this wouldn't have happened. That's what we're wondering about.

As of now, they are refunding all the charges, but keeping all the overdraft fees on her account. WTF?

You realise that it can sometimes take 3-4 days for activity to post to the account, so it's likely that the bank did cancel the account on Friday, but the fraudulent charges did not post until after that date. I have had times when I used my card on a Friday and the money was not debited from my account until Monday.

ZV

 

[Zenmervolt]

Originally posted by: Modelworks

Originally posted by: sswingle
How do you know for sure the card wasn't canceled when you first called? Most charges on mine take at least a day to show up, usually two.

You can check the data of authorization on transactions.
All of mine have what date and time they were authorized + the posting date.

Not so with mine. My transactions only ever show the posting dates.

ZV

 

[Dulanic]

Originally posted by: Zenmervolt

Originally posted by: Modelworks

Originally posted by: sswingle
How do you know for sure the card wasn't canceled when you first called? Most charges on mine take at least a day to show up, usually two.

You can check the data of authorization on transactions.
All of mine have what date and time they were authorized + the posting date.

Not so with mine. My transactions only ever show the posting dates.

ZV

Even the one's that show a transaction date, they don't show the authorization date. That can be prior to the transaction, and there is no stopping a transaction that already requested a authorization. Even if the card is closed they have a span of a few days to submit the transaction and then it still can take a day or 2 to post.

 

[imported_Lothar]

Originally posted by: BoomerD

Originally posted by: slugg
Bank of America, if you were wondering...

And you expected GOOD customer service?

Yet another ticket for the OP on the failboat.

I've always got it.

 

[imported_Lothar]

Originally posted by: CPA
What are you going to sue for? You technically didn't have any monetary loss.

Emotional distress?

 

[Koing]

uk debit cards use a pin like credit cards. My bank natwest is great! Great customer services

Koing

 

[Mo0o]

Oh I realized what the problem was... you went on vacation despite having a net worth of $1700 and no credit cards. yeah, that's a tough one.

 

[LTC8K6]

My debit card is just that. No Visa or MC at all. Always requires a PIN. Cannot be used like a CC at all. It works nearly everywhere.

 

[PlasmaBomb]

Originally posted by: slugg
On Friday, May 1st, her debit card was reported stolen.

Originally posted by: slugg
On Saturday, May 2nd, we went out of town on vacation together to Texas.

Originally posted by: CRXican
how did her card get "stolen"

When was it stolen? Sure you reported it on the 1st but when was it actually stolen?

Originally posted by: slugg
the reason why they called her is because she wasn't at home when the first bit of fraudulent charges were happening, so she hadn't discovered that her card was stolen yet. Bank of America found suspicious activity, then called her.

/facepalm.

If they phone you about fraudulent charges you can bet there are more on they way...

Originally posted by: slugg
On Wednesday 6th (a couple of full working days later), we checked her account balance - it was in the negative $3000 range.

Not surprising since it can take several working days for a debit to come through to the account. If the transaction occurred before the card was cancelled it has to be processed and then refunded.

Originally posted by: leftyman
lol @ suing. If you feel this strongly after you get everything sorted out, withdraw all your funds and close the account and move on.

Unpossible. That is a reasonable and well thought out course of action :disgust:

Originally posted by: Modelworks

Believe it or not some people share finances.
I know several couples where they only have one bank account, and they are not joint accounts. Either it is in his name or hers.

You should have a joint account for joint expenses, and each have your own account as a backup/savings.

 

[Harabec]

Shit happens...get over it. Just learn what you can and move on.

 

[SuperSix]

Shens. They reported it "stolen", racked up a ton of charges, and now want the bank to make it right.

SHENS!

 

[child of wonder]

Originally posted by: spidey07
It takes a while to undo all this stuff, it's not going to be instant. Just work with them and demand the overdraft fees are taken off. It's only been barely 5 business days. Calm down.

When I worked at Wells Fargo and Citibank (albeit 10 years ago) it was a very fast process. The account was closed, transactions identified as fraudulent were given temp credits along with OD fees, and an investigation began.

Maybe today the customer is not given the benefit of the doubt. *shrug*

 

[ja1484]

1) Use credit cards. It's a lot easier to deal with shit like this.

2) NEVER have much cash in your checking account if it has debit/ATM access. I rarely keep a balance above $1000 in my checking that I have a debit card on at any given time.

3) Plan for contingencies. Again, credit cards make a nice backup if your primary source of fundage has a problem. Just don't be stupid and be sure to pay them off in full every month. If unwilling to do that, get some traveler's checks or cash ffs.

Bank may have made some customer service oops, but there's no way in hell you'd convince a court they did anything but minorly inconvenience you. That's not illegal. Yet.