bank issue - repost

Discussion in 'Credit Talk' started by jenz, May 15, 2004.

  1. jenz

    jenz Well-Known Member

    couldn't find old thread.

    here's the sitch - i have all but gave up on trying to find my deposit but that isn't the purpose of my post. my paycheck on friday accidentally went to that account instead of my new one. when i talked to payroll they withdrew it and went to redeposit it correctly. the fraud unit intercepted and refused to release it. i told them they can't hold it since my check was more than the balance due. at which time i learned there was a fraud indicator on my account (not on me but for unauthorized entries). this wench threatens that they will hold it unless i allow them to take the funds. i said since there is a fraud on my account (that i hadn't notified them of) that they couldn't hold it until they proved those charges were mine. she then threatened my credit, which i laughed at because of same reason above. the funds still aren't in my new account - which i fear - is because she is still holding them out of spite.

    does anyone know if i have legal recourse against them? remember this is my employer. my big concern is for a check i wrote the night before on my new account to cover childcare. since i don't work in the deposit area i don't know what behavior is legal or not. since they won't even respond about the deposit, i'm willing to settle on the balance for the amount less "nsf" and "overdraft" fees. but back to my original question - can my employer hold my paycheck to cover an account listed in "fraud"?

    sorry so long.
     
  2. breeze

    breeze Well-Known Member

  3. jenz

    jenz Well-Known Member

    thanks but after skimming the board it looks like i would be asking bankers directly and i'm thinking i would get beat down hard!

    i'm still checking OCC regs, but any input would be appreciated.
     
  4. breeze

    breeze Well-Known Member

    Look under "general" then "ask a banker" - there are some on that site who try to help, instead of assuming the worst. You can use "anonymous," you don't have to register to post a question.
     
  5. jenz

    jenz Well-Known Member

    i almost forgot - employee financial data is not supposed to be viewed by anyone other than yourself and certain select people (in case you want to do loans). mine can be viewed by anyone. how could i work this into my favor?
     
  6. fun4u2

    fun4u2 Well-Known Member

    you can ask an attorney from your state a legal question at lawguru.com it may take a day or two to get a response but it may help answer your question.
     
  7. jenz

    jenz Well-Known Member

    ok - just wanted to keep you updated and would like some opinions. i am going to be working with a lawyer, but would like some feedback.

    i had said in my earlier thread that i didn't recognize some charges? turns out my husband (who i am seperated from) was never legally removed from the account. turns out we signed papers to have him removed, and they deleted his name, but they didn't have us sign new signature cards - meaning while is name wasn't on the account, he was a legal signer. so, i have to eat his charges with no recourse except against my bank. i can't file fraud or go after him.

    ugh.
     
  8. jenz

    jenz Well-Known Member

    how do OC rights differ from CA? meaning validation, contact, etc. and what are my rights with an OC? i'm referring to a bank account, not a TL.

    thanks in advance!
     
  9. jenz

    jenz Well-Known Member

    come on guys and girls don't let me down...

    i want to add that i emailed a C&D to the psycho handling his mess and she turned around and emailed me back!!!!
     
  10. jlynn

    jlynn Well-Known Member

    I would look to the Federal Reserve site, for any type of consumer laws in this area, since this is a banking issue.
     
  11. jenz

    jenz Well-Known Member

    unfortunately, the FDIC and OCC don't state this specifically - they pertain to disclosures, etc. that is why i was hoping someone here could shed some light. i think the main thing is since this account "defaulted" would they then become a creditor of sorts? this whole "grey area" is driving me nuts. i almost wish they would send it to outside collections because then i would have rights! as of now, i don't know what is legal and isn't.

    someone here has to know!!!!!! (all those times i skipped out of training on the depository side of the bank - now i wish i would have went)
     
  12. jenz

    jenz Well-Known Member

    ok - i just found out today that my bank reported my account that is in fraud status to chexsystems - is that legal to do that when it is under investigation?

    i'm to the point where i don't even want to work with them to resolve this - i feel like we start progressing forward towards resolution on this, and they start pulling sneaky underhanded shit.

    i know the laws are different from CA to OC. What rules/regulations does an OC have to abide by when collecting on their own accounts?

    sorry, i am under so much stress right now, i can't seem to find the information i am looking for.
     
  13. jenz

    jenz Well-Known Member

    still need help....

    found out today that they reported the fraud account to chexsystems as "account abuse" TWO WEEKS BEFORE the deadline to complete all the fraud paperwork. AND they reported it under the wrong name.

    i am at a loss as to handle this...I sent an email to the OCC today to figure out what to do. requests to the bank president and HR have not been replied to,...its not that i don't want to resolve this or file the fraud paperwork, i just dont want to work with the fraud manager because of her actions.

    I really need assistance in figuring out what laws they have broken. screw the fact that they are my employer, the gloves are coming off, and i see one hell of a lawsuit against them if need be.
     
  14. lbrown59

    lbrown59 Well-Known Member

    Ain't you heard there hain't no such thing as a good job
     
  15. jenz

    jenz Well-Known Member

    this has actually caused me to look for other employment. its funny because after all of this, i started talking to some friends who also work there and they have had nothing but trouble. maybe when all is said and done (and i have a new job) i will disclose my employer.


    BTW - can i work for you LB?
     

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