BOA overdrafts and chex

[fabdad]

Hi all,

 

Has anybody heard or had any luck getting their chex removed due to BOA overdraft lawsuit?

Overdrafts helped cause the loss and eventual CO of the checking account. Overdrafts that have since been declared unlawful.

 

??

[mca]

Hi all,

 

Has anybody heard or had any luck getting their chex removed due to BOA overdraft lawsuit?

Overdrafts helped cause the loss and eventual CO of the checking account. Overdrafts that have since been declared unlawful.

 

??

Not that I have heard but you would think that could be the case under those circumstances. I do know several people who have contacted and complained to the CEO/headquarters about chexsystems and they were able to be removed

[reup407th]

Same here. I had a BOA checking and savings acct from Aug 2007 through April 2009. I had over $10,000 between the 2 acct's. I used alot of the funds to pay some accts off from my previous marraige, buy some stuff, but never came close to a $0 balance. Due to the way they input these transactions from largest to smallest, the way they held my direct deposits until they charged me ODF's ($500-$600 at a time ) I ended up paying over $4600 in ODF's in a year period. I even took out $4,000 in loans to cover the difference. They "force closed" the acct in July 2009. They're adamant that I still owe them $848.00, even though due to the time frame, it shouldve been rolled up in the CAL last year. I was in Afghanistan at the time, and didnt receive a check, or notification from the Class Action. I called and expained it to the Office of CEO Rep and she assigned it to their fraud dept and to another rep. After a few minutes, that rep gave in, said she would waive the $700+ in ODF's, but I still have a $140+ in true $ that need to be paid. I said I dont agree, but pay if they would remove the erroneous $ amount from Chexsystems, which he said quickly refused. She only said she would update to new $ amount once paid, which would be purple to do, since it rolls off Chexsystems next year. She said she would update their system to show this new balance. It was their ODF's that caused the neg balance and closed the acct. Without the ODF's, i still would have had over $5 grand in the acct, and not have had to take out $4,000 in loans. BOA hasnt reported to any CRA's yet, though they said its getting ready to. I challenged with the SoL, which stumbled her. She gave me the # to their "dispute" dept and it was left at that yesterday. Thinking I should dispute with Chexsystems since they're updating the $ amount in BOA system. Any ideas which type of dispute to use? What's my next step? Fab dad, is this similar to your case?

[deep13]

reup407th - I'm about to start the same process with BOA. Somewhat similar circumstances, except I paid them before I knew anything about Chexsystems. So now, instead of 8 months, I have 5 more years to wait before it rolls off.

 

Also, in my case, they had an incorrect address on file (which was also reported to Chexsystems & EWS), so I never received any communication from them. They were in the wrong, so I have no plans to dispute with anyone other than BofA -- they're the ones who need to fix the problem.

[kparker]

There is a process, which includes disputing with Chexsytems first. This creates a "paper trail" which documents your activities, if you ever need to engage with a licensed attorney and consider later legal action.

 

If Chexsystems does not remove after investigating the information, there are two additional steps a consumer can take:

 

1. Send a Procedural Request to Chexsystems. This is a letter asking them how they investigated and "verified" the information. They have 15 days to respond.

2. Dispute with the bank directly. The Fair Credit Reporting Act allows you to dispute directly with the bank - but only after an unsuccessful credit reporting agency dispute (this is called a 623 letter).

 

 

 

**Not an attorney and I don't play one on TV. Just a consumer who has been there - done that.

[Guest]

Quick Q: What years/months were these unlawful overdrafts?

[BRBiz]

You can try disputing but BOA is pretty good about verifying things so its unlikely to be removed.

 

This is a good case for small claims court.. Unlikely the case will even make it to court since the bank will just settle before then especially since they have already lost this type of case before. But if for some reason it did make it in to the courts make sure you have paper work to back up what your saying.