At this point I am so upset with banks, I would like to stash cash under my pillow.
So, for the time being, I go to the consumer affairs website and read some posts - these banks are crooks and most of it is legal, folks! The legislature and agencies have been protecting these companies' interest for far too long.
Something very similar happened to me to this complaint:
Kristine of Richardson TX (04/23/08)
On 4.23.08 I deposited more than $22k into my business checking account. This deposit consisted of six separate checks ranging from $420 to more than $10k. When I received my receipt it said that all the funds, except $100.03 were on hold. Not only were the funds on hold, but it said they were only hold because I deposited more than $5k into my account in one day. Plus, they were going to release the funds in stages over a two week period of time.http://www.consumeraffairs.com/finance/washington_mutual_bank.htmIn my case, however it was a check from the State Disbursement Unit (child support enforcement) there should not have been a hold! I had to fight about whether it is a government check with them, it is a State agency for crying out loud! The State agency has to disburse the funds within 2 days by law, and the banks hold it for 10-14 days? Where is the logic on this. So I checked:
The regulation falls under the Expedited Funds Availability Act (1987) and it states this:
SEC. 603. EXPEDITED FUNDS AVAILABILITY SCHEDULES.
(a) NEXT BUSINESS DAY AVAILABILITY FOR CERTAIN DEPOSITS.--
(1) CASH DEPOSITS; WIRE TRANSFERS.--Except as provided in subsection (e) and in section 604, in any case in which--
(A) any cash is deposited in an account at a receiving depository institution staffed by individuals employed by such institution, or
(B) funds are received by a depository institution by wire transfer for deposit in an account at such institution,
such cash or funds shall be available for withdrawal not later than the business day after the business day on which such cash is deposited or such funds are received for deposit.
{{4-28-00 p.7426}}
(2) GOVERNMENT CHECKS; CERTAIN OTHER CHECKS.--Funds deposited in an account at a depository institution by check shall be available for withdrawal not later than the business day after the business day on which such funds are deposited in the case of--
(A) a check which--
(i) is drawn on the Treasury of the United States; and
(ii) is endorsed only by the person to whom it was issued;
(B) a check which--
(i) is drawn by a State;
(ii) is deposited in a receiving depository institution which is located in such State and is staffed by individuals employed by such institution;
(iii) is deposited with a special deposit slip which indicates it is a check drawn by a State; and
(iv) is endorsed only by the person to whom it was issued;
(C) a check which--
(i) is drawn by a unit of general local government;
(ii) is deposited in a receiving depository institution which is located in the same State as such unit of general local government and is staffed by individuals employed by such institution;
(iii) is deposited with a special deposit slip which indicates it is a check drawn by a unit of general local government; and
(iv) is endorsed only by the person to whom it was issued; etc. etc. etc......
http://www.fdic.gov/regulations/laws/rules/6500-3240.htmlUnlike what the complainant was told by customer service of the bank it is NOT new: 1987. You read the regulation further and you will find a deposit over 5k in a day will be held. In general, over the years, I have yet to find a teller or customer service clerk on the phone, who is sufficiently trained and knows the banking laws. Many a times was I given absolutely wrong statements which resulted in unnecessary trips and run around - a lot of waste of my time. Now I check the laws in whatever I confront, and yet, what is one to do over a $33 unjustified fee or other "inconveniences"?
By floating the funds, these banks make a lot of money. As I understand it, one physical dollar in a bank can be leveraged 10 to 20 times the amount or even more.
My deposit slip also said the same thing: they will refund any OD or returned fees merely because of the hold they placed,
upon requestNow, an online utility payment created a non-negative negative of a couple of dollars, upon which I was charged a fee. To make a long story short - they will not reverse the fees on the day it was charged - they will not do it over the phone, they reverse the fee on the day you go to the branch - in other words, it is set up to pile on even when the funds are already physically in their bank, due to the new laws since 9/11 for bank to bank transactions.
Now, I discover, another bank, a seldom used account of my mothers has been piling up daily negative balance fees. My mother is bedridden right now for over a year. When we got the first notice I went online and checked the amount and added another $5 and went to the branch to make a deposit into her account. Today, I received another notice and as I checked, it looks like they either did not credit the deposit the same day and/or added another $8 daily OD fee, which made her overdrawn for $3 after the deposit - the teller never even mentioned it. Now at close to $200 negative. I will have to go with a Power of Attorney to the branch to close the account.
In any event, consumers have to fight back on this abuse. The more I read the complaints the more I get pissed.
Anyway - the banks are now aching and are going to try everything to boost their bottom line. Beware. I also got notice from "the not nickel and dime-ing bank", that any savings account that has less than $300 will be assessed a fee from June. (When I opened the account, the catch was that it was touted as "free")
Any normal business contract never has a clause that a party can change the terms whenever and however he pleases.
But consumer affairs mentioned this documentary clip and I thought I will pass it on. A sweet revenge.
Director Takes Aim at Banks in New Film, 'Overdrawn!'
Debit card overdraft charges 'just didn't seem right'
By Mark Huffman
ConsumerAffairs.com
March 14, 2008
Karney Hatch was taking care of his grandparents in Moscow, Idaho a few years ago when he made an unpleasant discovery. While running a series of quick errands, picking up pharmaceuticals, household items and groceries for his grandmother and grandfather, he spent more money than he had in his account.
Since he was using his debit card and not writing checks, he was able to make the purchases because of the bank's automatic overdraft protection. But when Hatch opened his next bank statement, he realized the bank really wasn't doing him much of a favor.
"I had four purchases for a total of about $60," he told ConsumerAffairs.com. "But the bank assessed a $35 overdraft fee for each charge, costing me a total of $140. That just didn't seem right."
So Hatch gathered up a few friends and some video equipment and produced a documentary, "Overdrawn," which was recently completed. The-74 minute movie provides a close-up look at how the banking industry harvests billions of dollars from consumers in the form of overdraft and other fees.
http://www.consumeraffairs.com/news04/2008/03/overdrawn.htmlsegment at:
http://current.com/items/88849140_how_to_beat_the_bankI am seriously considering Nader's suggestion.
IMHO the new bill should go much further. Like the old regulations, it exempts the banks to apply the new rules when the accounts have a history or incidents of OD's. The way they apply deposits and payments, they can and will create an OD situation as they please. Yup, blame it on the software. Now who creates the software?....