I was robbed at the ATM, help!

Discussion in 'Credit Talk' started by arobinson, Aug 15, 2003.

  1. arobinson

    arobinson Well-Known Member

    I am furious. I couldnt find my ATM card and I ordered a new one from Provident Bank of Maryland, the new card and PIN never were received. I think it was stolen in the mail. Somebody make $2700.00 in ATM withdrawls from my account. The w/d were made July 22-26. I reported my card stolen/never received on July 26..I discovered the loss on that date.

    My bank refused to investigate the loss and is closing my account beacuse I had a fraud loss in Oct 2002, (somebody in Mexico when I was on my honeymoon last year). They sent me a letter saying basically "tough" and closed my account.

    What are my recouses here? I have already written a letter to the Board of Governors of the Federal Reserve System. What else can I do? I don't want to take a $2700.00 loss.
  2. lbrown59

    lbrown59 Well-Known Member

    The reason I don't use em
  3. mel

    mel Well-Known Member

    Your bank is full of caca...the EFTA limits your liability for loss....see the link below

  4. Deadwrong

    Deadwrong Active Member

    Not to make light of your situation....But the irony present between this situation and your sig is hilarious...LMAO
  5. arobinson

    arobinson Well-Known Member

    yeah...my sig line...I didnt notice it :)..

    so what do I do...how can I make them follow the EFTA, sue them?
  6. jlynn

    jlynn Well-Known Member

    Have you filed a police report? Were these cash withdrawals from an ATM machine?

    Most of them have cameras that record each transaction.

    Get the police involved
  7. jlynn

    jlynn Well-Known Member

    Here's a link to the Electronic Funds Transfer Act:


    Scroll down to Sec. 909 "Consumer Liability for Unauthorized Transfer"

    (b) In any action which involves a consumer's liability for an unauthorized electronic fund transfer, the burden of proof is upon the financial institution to show that the electronic fund transfer was authorized or, if the electronic fund transfer was unauthorized, then the burden of proof is upon the financial institution to establish that the conditions of liability set forth in subsection (a) have been met, and, if the transfer was initiated after the effective date of section 905, that the disclosures required to be made to the consumer under section 905(a)(1) and (2) were in fact made in accordance with such section.

    Notice, the bank has the burden of proof :)

    GEORGE Well-Known Member

    IT IS THEFT!!!



    GEORGE Well-Known Member

    "IF" I wanted an ATM card from my bank...they would charge me like $10-$20 I think...


    I use probably $200-$300/year...
  10. Butch

    Butch Well-Known Member

    Hi Ribinson,

    I remember your Oct 02, problem. You really need to be more carefull. :)

    The very first thing you MUST do is file a FORMAL complaint, explaining the situation, directly to your bank Branch AND their hq office. Do it CRRR. This is the only way to protect your rights to the $50 liability limit.

    You've already have most of your letter written, (see your post).

    I'd first FAX it to these offices, with a confirm receipt, and then follow up with CRRR snail mail.

    Get a movin.

  11. kozman

    kozman Well-Known Member

    You really shouldn't worry about your 2700 dollars that you lost to credit card fraud since you "sued" Walmart previously for them attempting to stop the EXACT same thing that happened to you with your ATM card. Care to rethink your position on a retailer doing their part to prevent crime? It's too bad that they could just use the PIN and not have to have shown any identification. This proves that we should be showing ID more, not less. You weren't robbed, you had fraud committed against you, the same fraud Walmart and the rest have committed against them. You received ill-gotten gains from your "lawsuit" and now they have been returned. How fitting.
  12. arobinson

    arobinson Well-Known Member

    Re: Re: I was robbed at the ATM, help!

    I don't appreciate your ridiculous demeanor. A credit card charge that is fraudulent is different. You are not liable for a fraudulent credit card charge...something coming out of your bank account is a totally different thing.

    Obviously you must be a business owner. Wal-Mart prevented me from buying what I needed..so I sued them...what is wrong with that?
  13. lbrown59

    lbrown59 Well-Known Member

    I've heard of getting robbed at them but not by them.
  14. GEORGE

    GEORGE Well-Known Member

    Re: Re: I was robbed at the ATM, help!


  15. arobinson

    arobinson Well-Known Member

    Re: Re: I was robbed at the ATM, help!

    Well, I spoke to a District Manager, I even called the VP, CFO at his home (I searched the articles of incorporation for the bank) they were unwilling to do anything. I am going to file a lawsuit against my bank and subpoena the ATM film as well as any records they have regarding this case. I want to see if they will bend then.

    On a more positive note, I looked at my Homeowners Policy Declarations Page, at the bottom of the delcarations it says "Other Coverages"
    -Credit Card-Forgery and Elec. Funds Trans $1000.00 LIMIT.

    So it appears that I have $1000.00 that I can recover from my homeowners policy. (Nationwide) I called in a claim but the rep couldnt help me much (after hours) she said the adjuster will call me Monday.

    Do you think my homeowners will really cover this loss? I never thought of it until somebody at work told me their homeowners policy covered theft of their mail left on their porch....
  16. arobinson

    arobinson Well-Known Member

    Re: Re: I was robbed at the ATM, help!

    Oh, what a shock! I just looked at my Equifax credit report, these jerks (the bank) pulled my credit report..a full hard inquiry. I guess they have permissible purpose though, I do have an open checking acccount with them....but shouldnt it have been a soft inquiry?
  17. iambroke

    iambroke Well-Known Member

    Atm cards are NOT credit cards and thus there is no 50.00 fraud limit on them.

    You take a chance if you lose them and they don't protect your money in your bank account when it is stolen. Similar to a checkcard but in some instances you can get your money back if you file fraud with your bank. There should be forms you can fill out.

    Also, I have a visa checkcard at my credit union. The disclosure states I'm not liable for any fraudulant transactions if reported within 2 business days of my knowledge of the fraud. It may take up to 10 business days to get my money back but I may get it all back if I prove fraud. My understanding is ATM cards are handled differently.

    I would definitely file a police report so you have a paper trail of the fraud. It will only be a plus in trying to get the money back.

    I would also send a dispute to the Comptroller of Currency in your state capital. I had success with a bank by just starting an investigation. The bank may reconsider not allowing you to get that money back if you light a fire under their butt.
  18. iambroke

    iambroke Well-Known Member

    Re: Re: I was robbed at the ATM, help!

    Yes, but you'll have to prove it was actually stolen off your porch and not lost or put in the wrong mailbox.

    Also, opening a homeowners claim may affect your rates. Have you asked about that?
  19. Butch

    Butch Well-Known Member

    Re: Re: Re: I was robbed at the ATM, help!

    You haven't said a word about filing a formal written complaint.

    If you report an ATM card missing before it's used without your permission, the EFTA says the card issuer cannot hold you responsible for any unauthorized withdrawals. If unauthorized use occurs before you report it, the amount you can be held liable for depends upon how quickly you report the loss. For example, if you report the loss within two business days after you realize your card is missing, you will not be responsible for more than $50 for unauthorized use. However, if you don't report the loss within two business days after you discover the loss, you could lose up to $500 because of an unauthorized withdrawal. You risk unlimited loss if you fail to report an unauthorized transfer or withdrawal within 60 days after your bank statement is mailed to you. That means you could lose all the money in your bank account and the unused portion of your line of credit established for overdrafts.

    If unauthorized transactions show up on your bank statement, report them to the card issuer as quickly as possible. Once you've reported the loss of your ATM card, you cannot be held liable for additional amounts, even if more unauthorized transactions are made.
  20. thetravele

    thetravele Well-Known Member

    Re: Re: Re: I was robbed at the ATM, help!

    File a police report!!!!

    You should have done this 2 min after you found you money was missing.

    The longer you wait the less likely anyone will believe you.

Share This Page