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Bank Refuses to protect me from Fraud, Liable for fees?

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RefuseToLose

Junior Member
What is the name of your state (only U.S. law)?

Arkansas
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I received a fraudulent chargeback(unauthorized use) on June 26(for a whopping $600.00), To make a long story short, I fought with the guy(not physically) pretty much the whole month trying to recover the money, which he finally wired to me on the 2nd.The $600.00 debit from account resulted in my account going negative and being charged the ridiculous fees by the bank, After it was all said and done my account was overdrawn around $700.00 by the end of july.

I contacted the bank and explained the whole situation, and their reply was "Since it isnt bank error, it isnt our fault.And yesterday they took all the money out of my other accounts to cover these fees.


In all actuality I owe the bank $350.00 which they fronted me, and I told them I had no problem paying that, BUT I was not going to pay the overdraft fees and negative balance fees because all of which was out of my controll, and stemmed from the fraudulent chargeback


Whats my best bet to get my money back?Despite having a police report, more than ample evidence, they are refusing to help me at all.
 


RefuseToLose

Junior Member
The person responsible for all of this is all the way in California, im in arkansas..How would I go about taking this person to small claims court?
 

JETX

Senior Member
How would I go about taking this person to small claims court?
What did the bank do that was wrong or negligent?? Nothing.

The responsible party is the one who DID do 'wrong'. The other person. Sue them in your county small claims. If he files a motion to dismiss, challenge it, claiming that the fraud was done at YOUR bank in your town in your state. Even, or better, chance of keeping the case local.
 

cosine

Senior Member
And while you are suing this guy to recover the costs he caused for you, you might want to look around for a bank that doesn't charge such extreme fees. My banks charge a fraction of what yours appeared to. That and don't keep all your eggs in one basket. The only thing the bank did "wrong" is charge higher fees than other banks.

You have no case against the bank. Now if it were a case of them accepting an invalid draft against your account, you might. A chargeback on a deposited item is not such a situation.
 
How long have you been a member of the bank ?
Are you always in good standing with them ?

Did you speak with the bank manager ?

Speak with him at once, argue in a way that he see's benefit to allow you to accomplish what you wish.

Argue with your references you provide for the bank, the duration of your membership. Your future plans you wish to have with the bank, etc..

99% of people care about themselves. Make the argument in a way he benefits greater than his default route.
 

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