Took money without authorization
Complaint
Tommie Bradley
Country: United States
I have never heard of this company, yet this morning i have a 29.95 ach debit on my account. How do i get my money back?? i tried calling the number but no one ever answered! my bank says there is nothing they can do! UGH! HELP!
Comments
Immediately send your bank a letter, mailed certified to their dispute address from your statement, notifying them that this charge is fraudulent, and that you notified them of that fact on nn-nn-nnnn, by phone or in person, or whatever happened. Include in your dispute that they failed to take any action to handle your dispute or prevent further fraud, and that you are notifiying them to block and shut down the account, and reverse the designated fraudulent charges.
At the bottom, add "CC: Office of the Comptroller of the Currency".
Mail this fraud dispute letter certified. Under FRB Reg. E, your bank received notice of the fraud dispute when you first contacted them, when a reasonable person would believe there was evidence of fraud, regardless of what their incompetent employee did. At that point, they had a fiduciary duty to you to take action to protect you from further fraud and recover the stolen funds by pushing it back through the system, and if they failed to do so, then the loss is on them.
In addition, your certified letter ALSO puts them on "constructive notice", under FRB Reg. E, as of the date your certified receipt indicates you mailed it, regardless of when or whether they even receive it. www.usps.com will confirm both the mailing date and their receipt date, for purposes of documenting timely dispute as part of your OCC complaint. These fraud disputes where the bank screws up often hinge on your ability to prove timely dispute of the fraud.
Go to the OCC website, www.occ.gov, and file a complaint against your bank.
In addition, with this lame a bank, you are advised to open an account at a more competent bank or credit union as soon as possible, as this bank is likely to screw with your credit even as they try to shove fraudulent charge losses onto you in violation of FRB Reg. E and NACHA regs.
They should have told you to file a fraud dispute, allowing them to yank back the charge.
They should also have told you to close your account to protect you from futher fraud.