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Bank switched my account without my knowledge, charged fees

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tiredeyes

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

Dunno how good it will do to post this here but I'll try.

I opened a checking account with M&T in 2006, and switched it to a Direct Deposit account sometime in 2008 I think it was. I did this in person at a local branch, and at the time was getting my checks from my employer directly deposited so there was no charge for that type of account. After I stopped doing direct deposit I called the local branch around fall of 2009 to have it switched back to free checking -- which apparently they never did. Nonetheless I wasn't charged a fee for several months and thought all was dandy.

There was some, uh, personal stuff that happened, so I wasn't able to keep track of my account like I should have, but when I was able to check on it properly, I discovered to my horror that the bank had been charging me $5 a month, totaling $55, because they never switched it to a free checking account like they were supposed to have! This time I called the number on the back of my card, the main branch or office I'd suppose. I argued with them over the course of two days, telling them that it was supposed to have been a free account. Of course, being the thieves they are, they wouldn't give me my money back, only offered to switch it, FINALLY, to a free account with only a $5 refund. This was fall of 2010. I had every intent of saying bollocks to it, and closing the account, but then I had a couple of family crises and debts that needed to be paid immediately and wound up letting it slide for a bit, much to my chagrin.

I discovered that my supposedly free account was being charged a $10 "service fee" a month. I tried calling the same number to the main branch as before, but it kept saying, "We are currently experiencing a high call volume, please call again later or log on to M&T Banking Online." Something to that effect. Thinking I wasn't going to get a live person to quest about the service fee, I was hanging up only to call the next day to get the same message. Today, being slightly distracted, I stayed on the line only to have it start playing the menu options after all that crap about calling back later. Durr. So after a lot of button pressing though the menus I was finally able to get a hold of a live person.

I explained that my account had been charged twice now with this mysterious "Server Fee" of $10. They said my account had been switched over to a different account type. "M&T First" I think they said it was; an account that required a balance of over $1000 for there to not be a service fee. This was without my knowledge or acceptance, as I plainly told them. They said it was automatic, because my free checking didn't have a transaction for 90 days. I informed them that when I switched to a free account no one ever said anything about this, this was totally without my knowledge or consent. They said I should have been informed when I opened the account and that I should have been given a packet of info. They flat out admitted that it was the law that I should have been informed. Only one problem, I never was. I changed the account over by phone, they even say in the beginning that conversations will be recorded; no one ever informed me of this nor did I get anything remotely like packet of information. I certainly know I never signed to anything agreeing to this. But if it's the law they inform me, well they certainly never informed me when switching my account to one that needed $1,000 + in it to not have a fee, or any of the other details of that "M&T first" account. I went up the chain of staff as high as I could and no one was willing to give me my money back, all of it that they stole.

I know it doesn't seem like a lot of money to you, but it's a lot to me; it's all I have left right now. Even if I didn't desperately need that money, I would hire a lawyer just on principle of the thing. As it is I can't. Isn't there anything I can do?

Edit: I have very limited access to the Internet, so please forgive if I don't reply for a few days.

As an afterthought too, their costumer service is terrible. This one woman was really catty with me, very snide, and I could hear another in the background laughing and mocking me. I would love to be able to report that to the BBB or something.
 
Last edited:


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Pennsylvania

Dunno how good it will do to post this here but I'll try.

I opened a checking account with M&T in 2006, and switched it to a Direct Deposit account sometime in 2008 I think it was. I did this in person at a local branch, and at the time was getting my checks from my employer directly deposited so there was no charge for that type of account. After I stopped doing direct deposit I called the local branch around fall of 2009 to have it switched back to free checking -- which apparently they never did. Nonetheless I wasn't charged a fee for several months and thought all was dandy.

There was some, uh, personal stuff that happened, so I wasn't able to keep track of my account like I should have, but when I was able to check on it properly, I discovered to my horror that the bank had been charging me $5 a month, totaling $55, because they never switched it to a free checking account like they were supposed to have! This time I called the number on the back of my card, the main branch or office I'd suppose. I argued with them over the course of two days, telling them that it was supposed to have been a free account. Of course, being the thieves they are, they wouldn't give me my money back, only offered to switch it, FINALLY, to a free account with only a $5 refund. This was fall of 2010. I had every intent of saying bollocks to it, and closing the account, but then I had a couple of family crises and debts that needed to be paid immediately and wound up letting it slide for a bit, much to my chagrin.

I discovered that my supposedly free account was being charged a $10 "service fee" a month. I tried calling the same number to the main branch as before, but it kept saying, "We are currently experiencing a high call volume, please call again later or log on to M&T Banking Online." Something to that effect. Thinking I wasn't going to get a live person to quest about the service fee, I was hanging up only to call the next day to get the same message. Today, being slightly distracted, I stayed on the line only to have it start playing the menu options after all that crap about calling back later. Durr. So after a lot of button pressing though the menus I was finally able to get a hold of a live person.

I explained that my account had been charged twice now with this mysterious "Server Fee" of $10. They said my account had been switched over to a different account type. "M&T First" I think they said it was; an account that required a balance of over $1000 for there to not be a service fee. This was without my knowledge or acceptance, as I plainly told them. They said it was automatic, because my free checking didn't have a transaction for 90 days. I informed them that when I switched to a free account no one ever said anything about this, this was totally without my knowledge or consent. They said I should have been informed when I opened the account and that I should have been given a packet of info. They flat out admitted that it was the law that I should have been informed. Only one problem, I never was. I changed the account over by phone, they even say in the beginning that conversations will be recorded; no one ever informed me of this nor did I get anything remotely like packet of information. I certainly know I never signed to anything agreeing to this. But if it's the law they inform me, well they certainly never informed me when switching my account to one that needed $1,000 + in it to not have a fee, or any of the other details of that "M&T first" account. I went up the chain of staff as high as I could and no one was willing to give me my money back, all of it that they stole.

I know it doesn't seem like a lot of money to you, but it's a lot to me; it's all I have left right now. Even if I didn't desperately need that money, I would hire a lawyer just on principle of the thing. As it is I can't. Isn't there anything I can do?
I'd suggest you cut your losses and find a different bank.

I would also suggest that you pay attention to your finances.
 

Antigone*

Senior Member
I'd suggest you cut your losses and find a different bank.

I would also suggest that you pay attention to your finances.
In addition to Zigner's advice I also suggest that you read the depository agreement that was given to you at one time and that is available at your bank. What happened is perfectly legal.

Also since you hadn't paid attention to your account in several months, and you did not read your statements, the notification of the switch would have been given to you in that statement.

You have no case.
 

tiredeyes

Junior Member
I'd suggest you cut your losses and find a different bank.

I would also suggest that you pay attention to your finances.
That's not very helpful.

For one thing, I will be going to close out the account as soon as I can (they charge a fee to close it out by mail even!)

For another, I pay attention as best I can for someone in my situation that's really none of your business. Even when paying acute attention they managed to steal $20 off me by switching my account without my permission. And before that they didn't switch my account over when I told them too!
 

Antigone*

Senior Member
That's not very helpful.

For one thing, I will be going to close out the account as soon as I can (they charge a fee to close it out by mail even!)

For another, I pay attention as best I can for someone in my situation that's really none of your business. Even when paying acute attention they managed to steal $20 off me by switching my account without my permission. And before that they didn't switch my account over when I told them too!
You're S~O~L:cool:
 

Zigner

Senior Member, Non-Attorney
That's not very helpful.

For one thing, I will be going to close out the account as soon as I can (they charge a fee to close it out by mail even!)

For another, I pay attention as best I can for someone in my situation that's really none of your business. Even when paying acute attention they managed to steal $20 off me by switching my account without my permission. And before that they didn't switch my account over when I told them too!
My wife knows within 48 hours when an unknown charge is made to our account. Yet, it takes you 60 days. Again, you need to pay attention to your finances.
 

tiredeyes

Junior Member
In addition to Zigner's advice I also suggest that you read the depository agreement that was given to you at one time and that is available at your bank. What happened is perfectly legal.

Also since you hadn't paid attention to your account in several months, and you did not read your statements, the notification of the switch would have been given to you in that statement.

You have no case.
I just said they never gave or sent me any agreement! And it was physically impossible for me to keep track of it the few months I didn't. I DID read my statements when I was able, which was how I caught the "service fee" so soon this time. They didn't switch my account when I told them too before, and this time they switched my account over without my permission. I NEVER got any notification of any switch, or any terms and agreement, etc. either via mail or otherwise.
 

Antigone*

Senior Member
My wife knows within 48 hours when an unknown charge is made to our account. Yet, it takes you 60 days. Again, you need to pay attention to your finances.
Just as an FYI to people who may read this thread: A customer has two statement periods (60) days to dispute a charge on their bank statement. After that, they are SOL.

I know by the next day, if something is amiss:cool: And now with the phone apps, the information is at the tips of your fingers!
 

tiredeyes

Junior Member
My wife knows within 48 hours when an unknown charge is made to our account. Yet, it takes you 60 days. Again, you need to pay attention to your finances.
Any praytell how does that happen? I get a statement in the mail once a month, if that. One or two months I got none because they switched me over to some "e-statement" thing until I was able to call and ask about my statements. Anyways, that's 30 days, not 60. I get a statement every month and I knew this month when I saw the fee.

It's so easy for you big-shots to criticize but don't bother to help the little guy.
 

tiredeyes

Junior Member
Just as an FYI to people who may read this thread: A customer has two statement periods (60) days to dispute a charge on their bank statement. After that, they are SOL.

I know by the next day, if something is amiss:cool: And now with the phone apps, the information is at the tips of your fingers!
I did dispute it within 60 days. They arn't doing anything about it. If you can afford phones and apps and all that new gadgety stuff cool, the rest of us have to rely on snail mail and limited public Internet access. I guess the rest of us should just kill ourselves for not being so lucky.:mad:
 

CSO286

Senior Member
Any praytell how does that happen? I get a statement in the mail once a month, if that. One or two months I got none because they switched me over to some "e-statement" thing until I was able to call and ask about my statements. Anyways, that's 30 days, not 60. I get a statement every month and I knew this month when I saw the fee.

It's so easy for you big-shots to criticize but don't bother to help the little guy.
We aren't "big-shots," (well, some of us are...lol) but most of us are just your average everyday working Joes and Janes.

So, your name-calling??? Unnecessary.

Add'l help? You may find you'll not get much more than you have already.
 

Antigone*

Senior Member
I did dispute it within 60 days. They arn't doing anything about it. If you can afford phones and apps and all that new gadgety stuff cool, the rest of us have to rely on snail mail and limited public Internet access. I guess the rest of us should just kill ourselves for not being so lucky.:mad:
Service fees are not generally disputable. They may as a courtsey reverse those for you, but if you are a PITA customer, you can forget about it.
 

justalayman

Senior Member
Almost every bank in America offers online account access. I never go more than a week without reconciling my account and have done this for over 10 years now with national, regional, and local banks.
wow. I have not balanced my checking account for nearly that same period of time.
 
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