Wells Fargo - Small Claims

[SmallClaimz]

I'm in Virginia.

I'm trying to find out who I can serve small claims dispute with (the case involves Wells charging me 7 overdraft fees in one day, after intentionally reordering my payments to maximize these fees). According to the business offices in Richmond, national banks dont have registered agents. He referred me to the Office of Comptroller in DC, who referred me back to Wells, who referred me back to OCC. I'm recording the amount of time I spend on this matter and including it in my dispute request.

Anybody know who I can serve the papers to?

[Stevef]

Originally Posted by SmallClaimz

I'm in Virginia.

I'm trying to find out who I can serve small claims dispute with (the case involves Wells charging me 7 overdraft fees in one day, after intentionally reordering my payments to maximize these fees). According to the business offices in Richmond, national banks dont have registered agents. He referred me to the Office of Comptroller in DC, who referred me back to Wells, who referred me back to OCC. I'm recording the amount of time I spend on this matter and including it in my dispute request.

Anybody know who I can serve the papers to?

There is nothing illegal in reordering payments to maximize fees.

Your time is not recoverable.

Check your agreement with Wells Fargo. There is likely an arbitration clause that would preclude you from filing in court.

[SmallClaimz]

My question wasn't on the legality of the issue. I still want this heard in small claims court. I've heard of others having success with this method (e.g., [url]http://consumerist.com/5190260/threat-of-small-claims-court-gets-wells-fargo-overdrafts-refunded[/url] ) How can I find an address/person to serve with the summons?

[Zigner]

Originally Posted by SmallClaimz

My question wasn't on the legality of the issue. I still want this heard in small claims court. I've heard of others having success with this method (e.g., [url=http://consumerist.com/5190260/threat-of-small-claims-court-gets-wells-fargo-overdrafts-refunded]Bank Of Pwnage: Threat Of Small Claims Court Gets Wells Fargo Overdrafts Refunded[/url] ) How can I find an address/person to serve with the summons?

Please don't waste the court's time...there is nothing illegal with the fees.

[debtcollector`]

Originally Posted by SmallClaimz

How can I find an address/person to serve with the summons?

Contact your secretary of state's office.

Be warned. Filing this lawsuit could subject you to fines and massive counter suit for costs from Wells Fargo.

DC

[Antigone*of*Greece]

On behalf of all Wells Fargos shareholders everywhere, I would like to thank the OP for his contriubtion to the fee revenue.

I personally refuse to contribute that way, but then again that is just me

[Antigone*of*Greece]

Originally Posted by racer72

Even if you were to successfully serve WF, I can guarantee that the case will not be heard in small claims court. The first thing WF will do is turn the lawsuit over to a large and experience lawfirm. The lawfirm will do 3 things almost immediately, ask that the lawsuit be dismissed, asked that it be moved to a higher court and as for discovery from you every financial document (taxes, paystubs, etc) you have ever come in contact with the past 5 years. If the lawsuit is not dismissed, they will bury you with more legalese and hyperbole than you could ever hope to handle in your lifetime. As you are walking out of the court after they destroy you and your lawsuit, they will as suggested above, serve you with a lawsuit for all their expenses in dealing with you. To use sports terminology, it would be like the Green Bay Packers playing your local junior high in a football game. No contest.

Awww Racer...you're a funsucker. Why'd you go telling him that...

[racer72]

Originally Posted by SmallClaimz

My question wasn't on the legality of the issue. I still want this heard in small claims court. I've heard of others having success with this method (e.g., [url=http://consumerist.com/5190260/threat-of-small-claims-court-gets-wells-fargo-overdrafts-refunded]Bank Of Pwnage: Threat Of Small Claims Court Gets Wells Fargo Overdrafts Refunded[/url] ) How can I find an address/person to serve with the summons?

The person that pulled off this did it as a publicity stunt, not to get back at WF. His plan actually backfired, he never got his day in court. WF gave him $150 to go away.

[Denerious]

File a Class Action Law Suite under the Premise of Userous Interest.

[Stevef]

Originally Posted by Denerious

File a Class Action Law Suite under the Premise of Userous Interest.

Good luck with that. Let me know how it works out for you.

[Denerious]

Bank of America Overdraft Fee Class Action Settlement


Time for another class-action lawsuit. This time, Bank of America and its affiliated banks are putting up $35 million to settle accusations of doing various naughty things to boost their revenues in the form of overdraft fees (AKA insufficient funds fees, bounced check fees, returned item fees).

For example, let’s say you have a bank balance of $500. You have debit card transactions of $15, $75, $200, and then $600. Allegedly, BofA would order the transactions posted from high-to-low, so that you’d have 4 separate overdraft fee charges, instead of just one.

According to the official settlement website, it looks like it may cover a lot of people. If you are eligible, you may be rewarded up to $78 depending on the number of claimants. You must submit a claim form either by mail or online by May 1, 2009. So who’s eligible?

You are a member of the Settlement Class and eligible for a payment if you resided in the United States at any time between the dates set forth below, had an account at a bank listed below, and meet all three of the following requirements:


Your account was accessible through a debit card, check card, or any other bank
card used for debit purchases; AND
You paid at least one:
insufficient funds fee, overdraft fee, returned item fee, or similar fee that was assessed to your account within five business days after a Bank of America debit card transaction either occurred or posted to your account; OR
overlimit fee or similar fee that was assessed for an account cycle in which a Bank of America debit card transaction either occurred or posted to your account;
AND
The insufficient funds fee, overdraft fee, returned item fee, overlimit fee, or similar fee was paid between the following dates:

For customers of . . . From Through
Bank of America 12/6/2000 12/31/2007
Fleet Bank, N.A. 4/1/2004 12/31/2007
U.S. Trust Company, N.A. 7/1/2007 12/31/2007
LaSalle Bank N.A. and LaSalle Bank Midwest N.A. 10/1/2007 12/31/2007

(Here's the Track Record of my New Attorney)

[You Are Guilty]

Originally Posted by Denerious

File a Class Action Law Suite under the Premise of Userous Interest.

I'm quite interested in this. I often "Use Interest" myself (frequently to buy things like parrots, yarn and gravel). But I would be remiss if I didn't ask - what does this have to do with overdraft fees?

[Denerious]

For example, let’s say you have a bank balance of $500. You have debit card transactions of $15, $75, $200, and then $600. Allegedly, BofA would order the transactions posted from high-to-low, so that you’d have 4 separate overdraft fee charges, instead of just one.

He's not filing it under Userous Interest he's just filing it the same way he did this case. He said because of BofA settling he knows Union Bank will settle as well as they are a smaller bank and are using the same practices.

[You Are Guilty]

Originally Posted by Denerious

For example, let’s say you have a bank balance of $500. You have debit card transactions of $15, $75, $200, and then $600. Allegedly, BofA would order the transactions posted from high-to-low, so that you’d have 4 separate overdraft fee charges, instead of just one.

He's not filing it under Userous Interest he's just filing it the same way he did this case. He said because of BofA settling he knows Union Bank will settle as well as they are a smaller bank and are using the same practices.

This sounds like something very important. Do you think I can use the same tactics at NY Blood Bank? The often require minimum deposits as well. What about the Brief Bank at my office? You have to make a deposit before you are allowed to even use it!

[Antigone*of*Greece]

Originally Posted by You Are Guilty

This sounds like something very important. Do you think I can use the same tactics at NY Blood Bank? The often require minimum deposits as well. What about the Brief Bank at my office? You have to make a deposit before you are allowed to even use it!

How about the food bank or the phone bank?