Bank continues to honor debit request on closed account

[Jerseee]

Thanks Ice,

Folks file your complaints and small claims or large claim lawsuits against these guys.

Its bad enough we have to fight the CRAs! And don't let them hide behind the Patriot Act either. that unconstitutional piece of legislation.

[seeker]

How do we validate that Chexsystem has a file?&


Seeker

[Jerseee]

Seeker,

Good question. I'm not sure just yet how to go about that. Maybe someone and can give us an idea. But more importantly is that we galvenize and start fighting back.

I'll try to find out something.

[seeker]

How's this for a dishonor trick?& The bank sent a brand new check card that only takes a phone call to activate "for your safety".& What do you think they were angling for?& Since the account has been closed since March?


Seeker

[Ice]

Maybe they are attempting to get you to violate the law so that they can have their trustee right hand (the guys with the guns) come and take you away for violating some law or another.& But the real deal is: If you were to activate the card... the account is re-opened AND THEN THEY GOT YA!


Here's the scoop: send it back with a nice letter that states you do not understand why they are sending you a card for an account that has been closed.& You must get a return receipt cuz you'll need a signature as proof they got the card back... just in case.


Remember, be nice and always be wary of the tricks these crooks will pull... specially when they are trying to cover thier hind end.


One more thing... DON'T CALL THEM ON THE PHONE -- EVER!& They will claim that you called to activate the card!!


&

[seeker]

Ice;


Totally agree!& The bank is actually in another state (VA) and the card is coming out of another (FL) and we live in a third.& No way would it be activated.& Like the idea of the letter and return.& How about "I am returning your property to you that inadvertently was sent to me.& I have no knowledge that any such account exists, but would request that you notify me by certified mail with vallidation if it does, as there may be a possibilty of identity theft involved and& I will need to validate the account to proceed."& Sincerely, etc


What do ya think?


&

[Ice]

hahaha....


That sounds pretty good!& Makes 'em look stooopid!


&

Great thread, everyone.



What to do about a business account (LLC) that was closed by the bank after we sent them notice of dissolution on the company? This left a balance of roughty $1K in automatic debits, etc. No checks. Most of this amount I am sure is from NSF. I will need to audit them to get that detail I am sure. Or at least threaten to.



Their attorney/debt collector is trying to pursue me personally in civil court over a company debt that the bank agreed to incur and to advance to vendors of the company - not me. The company has been dissolved for nearly six months now, and the bank was noticed of its dissolution.



One more thing. Is it true that upon accepting our "signature card" at the bank, that a credit line/Fed Reserve advance is established for that account to cover overdrawn amounts? Somewhere in the range of $250-$500?



If this is true, then isn't that "private credit line" utilized by the bank to charge the company/me overdraft fees on MY signature for NSF amounts?



Wouldn't that be fraudulent behavior? Both in its initiation and its implementation?



Anyone know anything about this?



Thanks!

[Ice]

Are you saying that AFTER you notified the bank and AFTER they closed the account... <u>they still allowed "automatic debits" to occur</u>??



If that is the case -- you are not liable. Can you provide proof of when you notified the bank, on what date they closed the account and when the "debits" occurred?



If you can supply that info... then they haven't got a prayer. Not only that... but if the "debttorney" attempts to take an action into court... you could really put the screw to him. That would be the most blatant of frauds perpetrated upon the court... and a damage to you which he would be personally liable for (as well as any reporting of any kind that would be adverse to your commercial person).

Thanks, Ice. That was a quick reply!



I noticed the bank of the company closure on 2/17of this year, along with all of the other vendors. Probably after the account was charged-off/closed by the bank.



The account had been O/D for much longer than the bank's policy because we had had a good relationship with them since 1999, and had cash flowed significant amounts in that timeframe. The VP of the bank extended the deadline for the account to be brought current by manually over-riding the daily charge-off requests from the software. We were holding out hope that a major contract we had been working on would come together and it did not before what the VP had been doing ended up in front of someone who closed the account.



I will need to review my statements and paperwork to lay out the sequence of events properly.



Bottom line is that I am not a company. This is exactly why people (individuals) elect to create fictions to assign liability to, is it not? Why else did I create the entity if not for something like this?



Any case law on this issue that might be helpful? I am looking into annotated's here in Tennessee.



I will check into the exact sequence of events and post shortly.



Thanks again -