Bank continues to honor debit request on closed account

[seeker]

Bank has continued to honor debit request even though the account has been closed.& Debitor has been notified termination.& Bank now sends "bill/notice" of debit, overdraft charge and maintanence fee. &


What would be the correct procedure to let the bank know that they will be responsible for any debits they continue to honor?


Too many problems with a move.& I guess the banks don't give up an "asset" easily!


Seeker

[Jerseee]

Seeker,


hafa adai,


I do not understand your post.& Can you clarify please?

[seeker]

When moving from one location (state) to another, it became necessary to close all current bank accounts, memberships, utilities, etc.& This was done in March.& Now here comes a forwarded letter from the Bank claiming debt because they honored a request for a monthly debit from one of the notified memberships on said closed bank account -- in this case a checking account.& They want payment for the debit they voluntarily made, the overdraft(??) fee, and a maintanence fee (?).& All for an account that was terminated months ago.&


Is that clear as mud?& Thanks, Jerseee!

[Jerseee]

Do you have documentation from them that shows you closed the account?


If so, I would ask them to verify the debt.

[seeker]

yep, a copy of one of those nice triplicate forms that everyone gets a copy -- but who know what they do with theirs.& Includes the number of the person who authorized the account being closed, the date, etc.&


So the VOD would include a question as to did I agree to the continuation of payments through this account?& Or some such or just, validate this debt with certified validation?


&

[Ice]

This one is really easy.& A simple letter stating that the account was closed and therefore they did not have your permission or authority&to honor any "debits" to the account.They are solely responsible for any actions taken&in regards to the account BECAUSE&THERE WAS CONSENSUAL TERMINATION OF THE CONTRACT.


Unless and until they&offer proof of contract&stating their authority to act on your behalf in regards to an account that you have&TERMINATED AND CLOSED... then they ain't got a prayer.


There should be a statement in regards to any actions they may take that might cause you damage and that you&reserve the right to file a claim if&that&occurs.


Look, they screwed up and honored something they shouldn't have... the person at the keyboard should have been paying attention to their job instead of whatever else they had their attention focused on.& You shouldn't have to pay for their mistakes... so don't.


&

[Jerseee]

Ice just used the power of acceptance everyone. It is that simple. I do it all the time.

Seeker,


Also hold them to their own code - the UCC. UCC-4 was&written by banks for banks.& If you find anywhere in this section code that supports you, use it.& You&should also reply to their debit within 30 days of when you received notice of it (UCC 4-406), and also state UCC-3-103(9) to refer them to the definition of 'ordinary care' which they may have not exercised and certainly put them on notice of UCC-3-103(6) for the definition of 'good faith' which they seem to not have exercised either.& Sorry I don't have time to look up the section or regulation for your exact remedy in the UCC or other Regs., but the info you have gotten so far should be sufficient.&


Have fun!


-squirrels

Originally Posted by Ice

You shouldn't have to pay for their mistakes... so don't.&

'nuff said.


Randy

[seeker]

I am sending them a cease and desist letter reminding them the account has been consensually terminated and that any disbursements&from that date forward&is&their responsibility.&


&I also noticed them that any adverse reporting would be cause for action on our part.&


Enough?


Will have to check the CRA to see if they report anything adverse in the future.& Am dealing with Bally Health Clubs also who originated the debit after being told to close the account there as well.& Did a similar letter to them.


Anything else I should have covered?


&


Thanks!