• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

ATM Malfunction. Banks won't cooperate.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

DRR91075

Junior Member
Louisiana

Hello, guys!

I get paid via a ComData card and have to get the funds from an ATM. On August 12, I needed to remove $1800. I use the ATM at a local Capital One, as the withdrawal limit is the highest around ($800). Three withdrawals were required...two $800 and one $200. The first $800 transaction went well. The second...not so much. The money dropped, but was discombobulated and stuck in the slot.

The machine dispenses in twenties. I was able to remove ten of them, but the machine sucked the rest back in. Just to be sure it wasn't dispensed in the next transaction, I went ahead and did the $200 withdrawal, which went fine. I immediately called the number on the ATM machine as it was after hours. They told me I had to go into the bank the following morning and talk to someone there. The following morning, I did just that.

The people at the bank were very nice, but said they couldn't help me and said I had to go through ComData. They even gave me the number to call. I called ComData. They sent me a dispute form via e-mail. The guy on the phone said it would take 7-10 business days to resolve the problem. Well, he actually said it wouldn't take that long but he had to tell me that. I sent the form back to them soon after I received it. I even called ComData while I was completing the form to be sure everything was correct. They said I would be notified of any action.

Well, ten business days later, I had heard nothing. I called ComData to enquire about it. They acted as if they had never heard of the situation but assured me it must be under investigation. They also told me after ten days, the money should be credited to my account if the investigation wasn't complete. Again, they said I would be notified. After a few days of hearing nothing, I called again. Again, they acted as if they had never heard of the situation, but this guy appeared to take it seriously. Two days later, the money was credited. This was September 1.

Well, on September 16, I tried to pay a bill with my card and was told it was rejected for non-sufficient funds. I looked online and found that $600 was taken from my card. I immediately concluded that the bank refused to pay the funds and ComData took the money back. I called ComData the next day. I simply wanted a reason or explanation. They refused to tell me anything and told me I had to call Capital One. I did just that. I called the customer service line. They said to call the branch. I called the branch and talked with a manager. He said ComData was mistaken in telling me to talk to Capital One and that ComData should have all the necessary information. He also advised me to request another investigation. He didn't know anything about it anyway as those things are handled through a separate department. So, I called ComData again. This time, the woman was hostile. She said it was between me and the bank and she couldn't help me. I said I simply wanted an explanation and would like to know what investigation was done if any. I asked how to go about requesting another investigation. She said, "They're not going to do another investigation. It's real simple. The bank said no. Call them."

So, I called the bank for a second time. It was a different manager this time, but she told me the same thing. ComData was responsible and she could do nothing. However, she did transfr me to Capital One's dispute department in case they could help me. The lady in the dispute department told me the same thing as the two managers. ComData is the one who handles this. I called ComData for a third time. This time it was someone different. He was very nice but told me the same thing. I had to call Capital One. Completely frustrated at this point, I told him I had gone back and forth all day long and this wasn't helping anything. I asked him what recourse I have. He said he would talk to his boss and see if she could possibly call Capital One and find out who I could talk to. He took my phone number and said someone would call me. This was September 17.

Well, as expected, I never received a call. However, when I checked my accout online, September 23, there was a $600 credit. The description was "REPRESENTMENT AUTH 550366 8/12 E REYNOLDS". I assumed someone actually did an investigation and found that the claim was legitimate. Well, I should have known better. I checked the account today and they have taken the $600 again as well as an additional $36. The description next to the $600 debit is "2PR REVERSAL AUTH 550366 KTROXEL SAPA" and the description next to the $36 debit is "REPRESENT FILING FEE AUTH 550366 KTROXEL SAPA".

I just called ComData about this. Guess what? They told me I had to call Capital One. I called Capital One. Guess what? They told me I had to call ComData. Neither will budge. I don't think this is an issue for the police. Who else is there?

Is this an issue for small claims court? If so, which bank should I persue?

Sorry for the very long post. It's not the typical "ATM ate my money" problem.

Thanks in advance for any help.
 
Last edited:


Hot Topic

Senior Member
Your employer obviously chose Comdata to handle company payroll. When there are problems, your employer should be made aware of them. Comdata may not be the best company for employee needs.

I've never heard of Comdata, and I suspect I have a lot of company. It may have seemed to be a good idea at the time, but maybe it isn't for your group.

I'd say take Comdata to court. Using the card should come with the assurance that you'll be able to do transactions easily. Otherwise, why have it?
 
Last edited:

justalayman

Senior Member
I didn't even read the entire post but stopped when I got to the amount wanted and how they intended on making the withdrawals meet that need.

, I needed to remove $1400
. Three withdrawals were required...two $800 and one $200
2 X 800 + 200 = 1800, not 1400.


I've never heard of Comdata, and I suspect I have a lot of company. It may have seemed to be a good idea at the time, but maybe it isn't for your group.
Comdata is the company behind Comchecks. Comchecks have been used for as long as I can remember (and I passed 50 a while back), especially for truck drivers. Every truck driver and truck stop, most large truck repair shops, and mobile tire service companies will be very familiar with Comdata and Comchecks.


Ok, I went back and read the entire post.


anyway, DRR, what did your account record show concerning the original withdrawals? How much was debited with each of the 3 withdrawals.

Your accounting here is way off and nothing makes any sense. You first state you wanted $1400 and then list transactions totalling $1800. Then, you say you took out an $800 withdraw, attempted another $800 but only got $160 and then a $200 withdraw. That is an attempt for $1800 with $1160 received. That would mean you were shorted $640. Then you seem to be satisfied with a $600 credit to your account.

Get my point?
 
Last edited:

Hot Topic

Senior Member
I think we'd better clone you and send you to both the bank and Comdata, you so easily discovered the discrepancies in the OP's figures.

"Hmmmmmmm," said SELMA.
 

Dave1952

Senior Member
Perhaps the OP can arrange a conference call with Com Data, the bank, the local branch, and himself. It will make it harder to pass the buck.

Good luck
 

cosine

Senior Member
After you figure out your arithmetic or typing error and still conclude your entire withdrawal was not provided to you, then take the issue to your employer and tell them that the company they are using to perform that payroll obligations is not performing those obligations properly. Tell them how much you are still owed. Tell them they need to get ComData to come up with the "make it right" payment or to pay you by another means.

ComData will then have to deal with Cap One for their faulty machine.
 

DRR91075

Junior Member
Your employer obviously chose Comdata to handle company payroll. When there are problems, your employer should be made aware of them. Comdata may not be the best company for employee needs.

I've never heard of Comdata, and I suspect I have a lot of company. It may have seemed to be a good idea at the time, but maybe it isn't for your group.

I'd say take Comdata to court. Using the card should come with the assurance that you'll be able to do transactions easily. Otherwise, why have it?
Thank you. Unfortunately, my company will not budge on Comdata. They threw out the entire payroll division and handed it over to Comdata because it was much less costly.

I didn't even read the entire post but stopped when I got to the amount wanted and how they intended on making the withdrawals meet that need.






anyway, DRR, what did your account record show concerning the original withdrawals? How much was debited with each of the 3 withdrawals.

Your accounting here is way off and nothing makes any sense. You first state you wanted $1400 and then list transactions totalling $1800. Then, you say you took out an $800 withdraw, attempted another $800 but only got $160 and then a $200 withdraw. That is an attempt for $1800 with $1160 received. That would mean you were shorted $640. Then you seem to be satisfied with a $600 credit to your account.

Get my point?
Sorry for the errors in the post, my friend. I was typing between reports and I had just gotten off the phone with Comdata. I've corrected the errors. Thanks for pointing them out. I assure you the figures were correct in my dispute.

The account records showed two $800 withdrawals and one $200 withdrawal.

Perhaps the OP can arrange a conference call with Com Data, the bank, the local branch, and himself. It will make it harder to pass the buck.

Good luck
I did suggest that. One of the Comdata associates actually attempted it. Capital One wasn't having it.

The buck stops with the OP, who obviously made some miscalculations.:rolleyes:
Only in the post and not in reality, my friend. :rollseyes:

After you figure out your arithmetic or typing error and still conclude your entire withdrawal was not provided to you, then take the issue to your employer and tell them that the company they are using to perform that payroll obligations is not performing those obligations properly. Tell them how much you are still owed. Tell them they need to get ComData to come up with the "make it right" payment or to pay you by another means.

ComData will then have to deal with Cap One for their faulty machine.
The company is aware of it. They say it is not an issue for them. I agree. They can't concern themselves with a faulty ATM. This is an issue for Comdata and Capital One.


Thank all of you for the responses, so far; even the snide ones (lol). Does anyone know how I could go about requesting to see the security footage from the ATM. Or at least requesting they are looked at by someone?
 
Last edited:

justalayman

Senior Member
ComData has no horse in this race. It's all on the bank. It was their machine that was faulty and shorted you money. It is neither ComData's fault or concern.


It's between you and the bank.

the part that makes no sense is all the dealing between you, the bank, and ComData. None of that had any justification. I do not see how or why the bank would have referred you to ComData initially at all. It was the ATM, not ComData. ComData owed you nothing.

Even more strange is they credited your account for the problem.

Banking has some very simple basics.

employer (or ComData in this situation) puts money in your account. Bank can disburse those funds. If bank hands you $10 but debits your account $20, it is the banks error, not employer.

If employer wants to advocate for you, that's fine but they still bear no liability for what happened.

I don't know who you have talked to at the bank but there is almost always a person in a higher position than the one you spoke with. As the branch stated, there may be a separate division that deals with the ATMs. If so, you need to be speaking with them.

It's not the typical "ATM ate my money" problem.
actually, it is. Because of that, you have the typical ATM ate my money difficulties; proof.

there should be an accounting of all transactions at that ATM. Bottom line: if it failed to give you $600, the ATM would have an accounting of that $600 as an excess. If there is no excess, somebody isn't being truthful, not saying who it is, just that somebody involved in the this situation isn't being truthful.
 

DRR91075

Junior Member
ComData has no horse in this race. It's all on the bank. It was their machine that was faulty and shorted you money. It is neither ComData's fault or concern.


It's between you and the bank.

the part that makes no sense is all the dealing between you, the bank, and ComData. None of that had any justification. I do not see how or why the bank would have referred you to ComData initially at all. It was the ATM, not ComData. ComData owed you nothing.

Even more strange is they credited your account for the problem.

Banking has some very simple basics.

employer (or ComData in this situation) puts money in your account. Bank can disburse those funds. If bank hands you $10 but debits your account $20, it is the banks error, not employer.

If employer wants to advocate for you, that's fine but they still bear no liability for what happened.

I don't know who you have talked to at the bank but there is almost always a person in a higher position than the one you spoke with. As the branch stated, there may be a separate division that deals with the ATMs. If so, you need to be speaking with them.

actually, it is. Because of that, you have the typical ATM ate my money difficulties; proof.

there should be an accounting of all transactions at that ATM. Bottom line: if it failed to give you $600, the ATM would have an accounting of that $600 as an excess. If there is no excess, somebody isn't being truthful, not saying who it is, just that somebody involved in the this situation isn't being truthful.

Yes. Logically, it would seem that this problem is between the bank and me. That's why I went to the bank first. However, both the bank manager and Comdata told me the dispute had to be filed through Comdata as they are the card holder. Why this is, I don't know. Maybe it's a built-in way to delay the dispute process in order to deter fraudulent claims. (Just speculation)

I said it was not typical because, apparently, when this happens, people typically get their money back after the machine is counted. I don't even know if that's happened in this case. No one will tell me. They credited the account because the law, according to them, states that if an investigation is not completed within ten days of the filing of a dispute, then the account must be credited pending investigation and they have an additional forty-five days to investigate.

One aspect to this that I left out...

I asked the bank manager what kind of investigation was done. He said that they don't investigate because they don't have access to another bank's (Comdata's) account and that Comdata would have done the investigation. So I asked him how Comdata could have access to count a machine owned by Capital One. He said they don't. I asked, "who counts the machine?" His reply was, "I'm not gonna tell you that. I can't divulge that information."

Well, I'm thinking someone needs to divulge something. I just don't know who. All I would like to know is if an investigation was done, what was involved in the investigation, and how to dispute the results of that investigation. I don't even care about the money at this point.
 

justalayman

Senior Member
ok, maybe I am misunderstanding whose account this is.

Is it your account or is it ComData'a account with you being allowed access?

If it is your account, then I stand by what I have said. If this is actually ComData's account and they merely allow you access to their account, then yes, it is ComData's issue.

So, which is it?
 

DRR91075

Junior Member
ok, maybe I am misunderstanding whose account this is.

Is it your account or is it ComData'a account with you being allowed access?

If it is your account, then I stand by what I have said. If this is actually ComData's account and they merely allow you access to their account, then yes, it is ComData's issue.

So, which is it?
I see how I might have confused you. I'm sorry. It's my account. It's how I get paid. Every week, my pay goes directly to the paycard. I have to take it out of an ATM. I agree it seems like it should be an issue for Capital One. Apparently, that's not the process, though. If it was an issue for Capital One alone, I could simply file a complaint with the OCC. If it's a Comdata issue, though, the game changes as they are not actually a bank. It's a subsidiary of Ceridian. Neither Ceridian nor Comdata is listed in the OCC's list of national financial institutions.FFIEC's Consumer Help Center
 
Last edited:

justalayman

Senior Member
having a paycard does not make it "your account" in the terms I am speaking of.

let me try to explain.


If I have a bank account, I can allow anybody I want to access that account. I can even assign individual identification numbers for each of the users(sub-account numbers if you will). That does not alter the fact it is still my account and any problems with the account are not the sub-account holders but mine.

Now, the other possibility would be each of the users can set up their own account and I simple disburse money into those accounts as whatever terms the account holder and I agree to. If there is a problem with the user and their account, it is between them and the bank and as long as I have done what I agreed to, it's none of my business.

Now, differentiating those two situations can be difficult.

so, you need to determine if ComData is merely a payroll service and you own the account or if you actually draw from ComData's account using your sub-account ID.


Once you can make that determination, you can then determine who your action is with.
 

DRR91075

Junior Member
having a paycard does not make it "your account" in the terms I am speaking of.

let me try to explain.


If I have a bank account, I can allow anybody I want to access that account. I can even assign individual identification numbers for each of the users(sub-account numbers if you will). That does not alter the fact it is still my account and any problems with the account are not the sub-account holders but mine.

Now, the other possibility would be each of the users can set up their own account and I simple disburse money into those accounts as whatever terms the account holder and I agree to. If there is a problem with the user and their account, it is between them and the bank and as long as I have done what I agreed to, it's none of my business.

Now, differentiating those two situations can be difficult.

so, you need to determine if ComData is merely a payroll service and you own the account or if you actually draw from ComData's account using your sub-account ID.


Once you can make that determination, you can then determine who your action is with.
You make an excellent point. I will try to find out and post back. Thank you.:)
 
Last edited:

StephenH

Member
If they did short change your withdrawal, I would take both Comdata, and Capital One to court (name all three as defendants) and do a discovery request for all the server and error logs of those transactions (you may have to send a subpoena and discovery request to the systems administrator of that ATM system for this as well as Comdata in order to get this). This may help you prove your case of the machine malfunctioning. This way, if there is evidence of malfunction you have it on record for those logs.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top