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  1. #1
    caiily is offline Junior Member
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    Exclamation How can Wells Fargo get away with this?

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

    My son has a checking and saving account with Wells Fargo Bank.

    On this past Monday night he called the bank, the automated system told him he had $ and some change in the account. The next morning it said he had -$. so he called and was told three debits occurred, causing him to become overdrawn. Two of the debit he did not make and are in the amounts of 2.26 and 3.03. the other was 12.90.

    So I told him to come over and I would take a look. I checked his balance at the end of the banking day before they charged him the first two overdraft charges and it said AFTER the debits of 12.90 and 2.26 he had 8.11 left in his account BUT they charged him OD fee regardless.

    Then the next day he had additional charges, which since had 8.11 in his account would have totaled him being overdrawn by 4.96 but the bank has the policy of no OD fees if under $5 overdrawn, still they charged him yet another OD fee.

    Basically, this is the letter to them:

    "I,XXXXXXX, hereby dispute the three over-draft charges of $25.00 each, totaling $75.00 charged to above-said account on 11/27/12 & 11/28/12.
    According to the attached transactions record with ending daily balance, at the end of the day of 11/26/12 I still had $8.11 in my account AFTER the two transactions cleared of $12.90 and $2.26 yet you debited my account two $25.00 overdraft fees for insufficient funds on 11/27/12 for the debits of $12.90 and $2.26.
    I admit I did become overdrawn by -$4.96 according to your ending daily balance however, the amount was under $5.00 so the additional $25.00 overdraft fee debited from my account on 11/28/12 , as per your schedule of fees, is in your error as well.
    HOWEVER & furthermore, I dispute the transactions of $2.26 (trans XXXXX) and $3.03 (trans XXXXX) as I have no knowledge of these transactions. If these two disputed transactions did not post to my account or are removed as they are not mine, I would not have been over-drawn $4.96 either, but would have had $0.33 still in my account, which is a low balance sure, but not over-drawn. Please credit my account back the $75.00 you erroneously charged my account as even as per your accounting as provided over the telephone of balance available and your running account and daily ending balances, I was not over-drawn at any time until YOU stole first $50.00 from me and then another $25.00. As per PROPER accounting, I should as of at the time I write this on 11/29/12 at 3:47 p.m. have $167.77 in my account, not $12.48."

    (All numbers were taking from THEIR transaction record.)

    They are refusing to refund the OD fees, insisting he is in error, not them even though the transaction record clearly shows they are in fact in error. I am ready to file a complaint for him with the California Department of Financial Institutions and Federal Reserve and possibly contact a class action litigation attorney firm.

    Still, I would like to know how they can legally get away with stealing my sons funds? I mean, he clearly has very little and every penny counts to him. He does have a savings account but they did not transfer any money from the savings to cover these supposed OD's either... Furthermore, this is the first time he has ever been over-drawn (he is 23 yrs of age.)

    Thanks in advance for helpful input.
    Last edited by caiily; 12-01-2012 at 06:28 PM.
  2. #2
    justalayman is offline Senior Member
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    and possibly contact a class action litigation attorney firm.
    so, you have the belief (but preferably at least some minimal proof) that this type of situation is endemic within Wells Fargo's system?


    So, did your son file a police report for the fraudulent use of the card? Did he file a fraud report with Wells Fargo concerning those charges?
  3. #3
    caiily is offline Junior Member
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    The small charges were on his debit card which is issued by his employer and attached to his bank account. He has informed both the bank and the employer debit card provider he is disputing those two charges of $2.26 and $3.03. They were for water and a pretzel on days he was not at work nor did he even leave his house on the days of the transactions and he gave no one permission to use the card. and No, I did not tell him to file a theft report with the local LE over $5.29 as I am sure they would find it quite frivolous...

    And Yes, I do believe this is something they do all the time; Bank of America did and look where it got them....
  4. #4
    Willlyjo Guest
    Quote Originally Posted by caiily View Post
    The small charges were on his debit card which is issued by his employer and attached to his bank account. He has informed both the bank and the employer debit card provider he is disputing those two charges of $2.26 and $3.03. They were for water and a pretzel on days he was not at work nor did he even leave his house on the days of the transactions and he gave no one permission to use the card. and No, I did not tell him to file a theft report with the local LE over $5.29 as I am sure they would find it quite frivolous...

    And Yes, I do believe this is something they do all the time; Bank of America did and look where it got them....
    You simply need to file a fraud claim with Wells Fargo and they will investigate and usually restore the account to what it was before the 2 fraudulent transactions were made.
  5. #5
    justalayman is offline Senior Member
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    [/QUOTE] frivolous? well, you are here because so far, it has cost him over $75 due to those minimal charges. It really isn't a matter of it being prosecuted but your son making an official statement that he did not agree to those charges; that they were in fact the result of fraud.

    And Yes, I do believe this is something they do all the time; Bank of America did and look where it got them.
    and the proof is?

    you aren't going to get an attorney, especially in regards to a class action suit, interested on a contingency basis due to your son's situation. If you have a six figure bank account you are willing to drain in an attempt to regain less than $100, then by all means, go for it.
  6. #6
    justalayman is offline Senior Member
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    Quote Originally Posted by Willlyjo View Post
    You simply need to file a fraud claim with Wells Fargo and they will investigate and usually restore the account to what it was before the 2 fraudulent transactions were made.
    I think you are a bit late to the party willy. From the OP:


    . He has informed both the bank and the employer debit card provider he is disputing those two charges of $2.26 and $3.03.
    So far your claim has not been proven true.
  7. #7
    caiily is offline Junior Member
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    So what you are saying is it is legal for the bank to steal from him? Wait I am talking to an attorney... not the pope....

    Nevermind. I will just file the complaints and move on with the wiser.
  8. #8
    caiily is offline Junior Member
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    thread closed

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