Bank covering up for mistake?

[cpoole]

Minnesota.


Hello, I sell on ebay quite a bit. I sold an item to a guy from OH, he sent me a certified bank check from BANK ONE. So, I go to the bank, have my son run in and cash it, he comes out with the money,and he says the teller said she couldnt contact the bank, so she just gave him the money anyways (bad idea?) I then go send the item to the guy. Well, the next day (before the item could have even got to OH)(I have tracking information as well) he cancelled payment on the certified check (which I was not aware you could do unless it was lost or stolen). At this point, its just screaming SCAM. So like a week later I get a notice saying my checking account has overdrafted. The $785 was deducted from MY bank account without my permission. What is the deal with that? How can the bank just take it out of my account without me giving them consent? Please help! It is my belief that the bank (since they cashed the check without makng sure it was legit) should be going after the guy, instead of me getting screwed! Btw, by bank is Wells Fargo.

[Veronica1228]

Originally Posted by cpoole

Minnesota.


Hello, I sell on ebay quite a bit. I sold an item to a guy from OH, he sent me a certified bank check from BANK ONE. So, I go to the bank, have my son run in and cash it, he comes out with the money,and he says the teller said she couldnt contact the bank, so she just gave him the money anyways (bad idea?) I then go send the item to the guy. Well, the next day (before the item could have even got to OH)(I have tracking information as well) he cancelled payment on the certified check (which I was not aware you could do unless it was lost or stolen). At this point, its just screaming SCAM. So like a week later I get a notice saying my checking account has overdrafted. The $785 was deducted from MY bank account without my permission. What is the deal with that? How can the bank just take it out of my account without me giving them consent? Please help! It is my belief that the bank (since they cashed the check without makng sure it was legit) should be going after the guy, instead of me getting screwed! Btw, by bank is Wells Fargo.

Which bank did you cash the check at? If it was your bank then they cashed it against your account. When it was returned because of the stop payment your account would be charged. It doesn't sound like your bank did anything wrong. You will have to take it up with the issuer of the check.

Unfortunately, this is the risk of doing business.

[cpoole]

Thanks veronica.

It was cashed at MY bank (wells fargo)

If I would have known that it had to be cashed off of my account, I would have never cashed it. Since my son (who is 15) was cashing it, they ASSUMED it would be ok to cash it off of MY account. The check, HOWEVER, was written out to HIM because it was HIS item. What I'm saying is, when my son (who is a minor) cashes a check, how can they legally cash it from MY acccount without some sort of consent from me...

[Veronica1228]

Originally Posted by cpoole

Thanks veronica.

It was cashed at MY bank (wells fargo)

If I would have known that it had to be cashed off of my account, I would have never cashed it. Since my son (who is 15) was cashing it, they ASSUMED it would be ok to cash it off of MY account. The check, HOWEVER, was written out to HIM because it was HIS item. What I'm saying is, when my son (who is a minor) cashes a check, how can they legally cash it from MY acccount without some sort of consent from me...

Okay, you left that part out. I thought you said that the check was sent to you because you sold an item on ebay. Was it made out to you or your son? I guess I don't understand. Are you talking about the payee or how it was endorsed?

[cpoole]

Veronica- The check was written out to my son, as it was his item that I sold ( a computer part) he went into cash the check, and they ASSUMED they could just cash it off of MY bank account. He endorsed it, obviously. My main thing is.. how can they just assume its ok to cash it against my account? I never gave ANY consent.

[Veronica1228]

Originally Posted by cpoole

Veronica- The check was written out to my son, as it was his item that I sold ( a computer part) he went into cash the check, and they ASSUMED they could just cash it off of MY bank account. He endorsed it, obviously. My main thing is.. how can they just assume its ok to cash it against my account? I never gave ANY consent.

If the check was made out to your son, and he is under 18, and he is not on your account, I don't see how they even cashed the check at all. Do you know the teller or any of the branch personnel very well? Maybe they thought they were doing you a favor.

The fact of the matter is that they were wrong to cash it against your account and you could try to have them refund the money to you. However, they would then go after your son. This check is made out to him and the bank is not responsible for the loss. Either you or your son are. Someone has to give the bank this money back, and it is not their responsibility to go after the issuer.

[cpoole]

Veronica-thanks a bunch. Yes, my son is NOT on my account. He already paid the bank because I made him... but its just a shame hes out all that money. If the bank would have made sure the check was good, this wouldn't have happened.

[Veronica1228]

Originally Posted by cpoole

Veronica-thanks a bunch. Yes, my son is NOT on my account. He already paid the bank because I made him... but its just a shame hes out all that money. If the bank would have made sure the check was good, this wouldn't have happened.

Well, that brings up another point. Bank confidentiality laws have become even tighter over the past few years. My bank won't even verify checks any longer. Even when we did verify checks for third parties it doesn't mean that the check is good. If you call a bank and they verify that it is a good check, they are only verifying it for the length of that phone call. You could deposit that check the same day and it could still be returned for NSF or because the issuer placed a stop payment on it after the call.

Accepting a check is very risky.

[cpoole]

So does that mean I have sort of a case against my bank? My son just really wants his money back.

[Veronica1228]

Originally Posted by cpoole

So does that mean I have sort of a case against my bank? My son just really wants his money back.

You don't have any case against them for your son to get his money back, no. You could report them to your state banking commission for their breach of protocol, but the most that could happen is that they could get fined. However, even that might not happen.

For your son to get his money back, you have to go after the issuer of the check.