I need some Legal advice (Bank of America)

[BlueJazz]

I'll try to make this "condensed"

I may want to take this to small claims court..but can I? ..since I'm in Florida and BOA is based in Phoenix, Az

Ok...after #1 ..."company" are the Bastards that charged me

1. I was a victim of fraud. (Company charged my credit card 4 times ...on same day.. for item. (I never heard of company and did not order anything)

2.Company sent my checking account into overdraft...4 times.

3. After 8 weeks..AGG!...BOA finally gave me back the money that Company charged me
but WILL NOT give me back the overdraft money.

4. The overdraft money is about 140.00 which I would not have been charged if the Company had not tried to screw me by fraud.

5. I'm not going to let BOA get away with this. If I HAVE to file a Claim in Arizona and fly my ass there and get a hotel... so be it.

6 Do you think I'm being Petty or what? I'm not going to take it anymore!!

[msongs]

1. free legal advice - close all acounts at b of a (you know what the a stands for) nt

[Don Claybrook]

2. I believe they're based in Charlotte

I don't know anything of small claims court, but you may want to just stay on the phone and ask for a manager, and the manager's manager, and so on without cease. At some point they understand that it's cheaper to be done with it and give you your money back. Hopefully. Good luck.

[OPERATIONMINDCRIME]

3. I Would Call Customer Service Again And Speak To Someone Different. They Should Absolutely Resolve

this to your satisfaction, since if things went down as you say and the overdraft was specifically related to the fraud, then you are not liable. I would call again and politely explain the situation. If they deny your request again, I'd politely ask them why it is being denied when b of a has already determined you weren't liable for the charges. Then I'd take it from there.

[DURHAM D]

4. Why Arizona? n/t

[BlueJazz]

7. Well...everytime over the past 8 weeks I've tried to find out.....

...whats going on, I've been handed a Pheonix phone number...

[DURHAM D]

9. B of A is headquartered in Charlotte, N.C.

Someone locally should resolve this for you. I would also write (not email) my Congressperson, the Governor, and the Florida AG.

I would also write the President of B of A. Many, many years ago whenever I had problems with my Volvo I wrote the King of Sweden. I always received a very nice reply on a great letterhead. Recently I discovered that my Mother had added the letters to my baby book back in the 60s - even though I was already in my 20s at the time.

[PSPS]

10. HAHA! The King of Sweden! That's great! LOL

[Dirty Hippie]

5. Call the Florida Attorney Generals Office

They investigate consumer fraud.

[Fridays Child]

6. By refunding your money, BofA admits that the charges were invalid.

Unless there is some fine print that's not superceded by state law, I'd say BofA doesn't have a leg to stand on. And I don't think you have to go to Phoenix, as long as BofA is authorized to do business in Florida.

By the way, I wonder if you should also open a police investigation? I'm in the midst of a similar situation, and my bank did not file a case with investigating authorities. I had to do that myself.

[Qanisqineq]

8. Bank of America sucks

that's my assessment after only a few months. I have a credit card with MBNA (yeah, they were terrible too but it was a backup card I'd had for 15 years) and it was taken over by Bank of America. I use the card only when I cannot use my debit card here overseas and pay it off right away. I found out BoA has a fee for overseas charges while MBNA didn't. Then they were charging me interest on a purchase before the next statement came out, in other words, as soon as the purchase was made, they started charging interest. It was the only thing on there. They suck, I hate 'em more than MBNA.

[antigop]

11. I am not an attorney -- this is not legal advice

However, I had a problem with one of my credit cards. I found out that the Office of the Comptroller regulates banks. They have a customer assistance line:
http://www.occ.treas.gov/customer.htm

>>
The OCC Customer Assistance Group (CAG) Top
The OCC Customer Assistance Group was created to answer questions, offer guidance, and assist consumers in resolving complaints about national banks and their subsidiaries.

The first step is to try to resolve a complaint directly with your bank or its operating subsidiary before involving an outside agency. If you are unable to do so or are uncertain about whether your complaint involves an organization that the OCC supervises and regulates, the OCC Customer Assistance Group will try to assist you.

General inquiries about banking laws or practices often can be answered on the phone or through email by a Customer Assistance Specialist. The specialist may also be able to suggest other ways for you to try to resolve your problem directly with the bank or its subsidiary
>>

I'm pretty sure that's who I called. I explained the problem and they directed me from there. I found them to be extremely helpful. Just be nice when you talk to them -- they are public servants. The woman I spoke to was knowledgeable.

I'm pretty sure this is who I called.

<edit to add> See if they can help you.

[BlueJazz]

14. Thanks for the advice antigop. Oh Yes.....I'm always nice when I ....

...speak to people on the phone about a dispute.
I mean, it's not their fault their company is a prick! :)
...plus I'm sure they hear the foulest, rudest people all day long.. :)

Plus...being a former Home Depot store manager, I know the power of a cool, courteous intercourse.

[antigop]

16. Good luck, BlueJazz

Hope you get your dispute resolved.

[Cleita]

12. Definitely fight the B of A. They are evil. They do things

like that because they know they can get away with it.

[Matariki]

13. Do you have a local branch you can go into?

I've had to do that with my credit card account - the person at the branch was much more helpful than people on the phone.

THEN after getting it resolved, I would close my account if I were you. BOA is NOTORIOUSLY bad. They'll nickle and dime you to the poor house.

[Little Wing]

15. They also deduct payments from your account before putting deposits in

hoping to nail you on more overdrafts. Then after that first one occurs, they'll immediately yank $25 from your account, ensuring that the rest of the payments which they WILL PROCESS will also fail, taking out more money. Then they'll add in the money you deposited.

Or, you can pay for overdraft protection. Protection money. Sound familiar?

[moc]

17. I just went through a fraud claim with BOA (m)

Someone stole my ATM card number and withdrew $1000 in another state. (Fortunately, it did not put us in an overdraft situation.) They put the $1000 back and refunded the bank charges related to someone withdrawing from a non-BOA ATM machine. I don't understand why they won't refund the overdraft charges for you if the situation was obvious fraud.

[seabeyond]

18. question? does your credit card automatically come out of your bank acct

because i am not getting why 4 overcharges would effect your checking acct. they are seperate for me. i pay credit card.... i have control on payment. the only way it would effect my checking acct is if i wrote the check to make me bounce checks.

and years ago i watched the manipulation of check being taken out of acct, holding a deposit leaving my acct shy. that was a hard and fast lesson. stopped using banks for 5 years after that one. pissed me off

[Nimrod2005]

19. You can file a claim here in Florida. Go for it, I hate HATE these mother fuckers

Hate them, they just signed me up for something that they said few months ago would cost $10.00 per month - NOw I find out there is additional $15.00 per month fee...Making it $25.00. Called them, they played stupid, I ask they pull the tape from that call when they sold me on the service.

This is now a $300.00 per yar service, that I value at about $5.00 but was willing to pay $10.00 for.

File your claim and sue them for your pain and suffering for an additional $100,000.00!!!

Good luck.