UTAH
Our mortgage payment has always been auto debited from our checking account like clockwork for the past 4 years. About 4-5 months ago, we noticed it wasn't auto debited. We called and were told there was a glitch in their system. The next month there was no problem with the auto debit. The month after that it didn't hit so we called again and were told the same thing, that there was an issue with their auto system because they merged with another company. The next month, no problem then the NEXT month (December, just last month) it didn't hit. We called AGAIN and were told that because we are in Chapt 13 they were not allowed to do an autodebit for our mortgage payment, that we had to mail a check or call in a payment to be electronically debited from our checking account. Okay, no big deal. On Dec 31st, 2004 as instructed by them, we called to have our mortgage debited from our checking account. I started getting overdraft notices. When I looked at my checking account there were TWO mortgage payments debited. The auto debit payment (after we were told it was not allowed and they would not be doing it anymore) and the one we called in. This resulted in overdraft fees of nearly 300.00!!! We called the mortgage company and after much running around they apologized and promised to overnight a check to us stating that they couldn't electronically credit back the amount. No check came. We called and were promised a check overnighted AGAIN. Didn't happen. They promised three times to overnight a check including overdraft fees. It will be a week tomorrow. They have stopped returning our calls. Our money is tied up....we are over 800.00 in the negative with our bank. (300.00 of it in overdraft fees) We are never late with payments but this is cutting into our other bill money. We have no money for necessities because of this. It was a supervisor that promised the check. I have left messages for him AND his supervisor but no response.
The customer service dept we are working with is located in Milwaukee, out of state. Is it possible to file a small claims suit to collect the overdraft fees? If at all possible, do we have to file in THEIR state or because the fees were incurred here can we file here?
Our mortgage payment has always been auto debited from our checking account like clockwork for the past 4 years. About 4-5 months ago, we noticed it wasn't auto debited. We called and were told there was a glitch in their system. The next month there was no problem with the auto debit. The month after that it didn't hit so we called again and were told the same thing, that there was an issue with their auto system because they merged with another company. The next month, no problem then the NEXT month (December, just last month) it didn't hit. We called AGAIN and were told that because we are in Chapt 13 they were not allowed to do an autodebit for our mortgage payment, that we had to mail a check or call in a payment to be electronically debited from our checking account. Okay, no big deal. On Dec 31st, 2004 as instructed by them, we called to have our mortgage debited from our checking account. I started getting overdraft notices. When I looked at my checking account there were TWO mortgage payments debited. The auto debit payment (after we were told it was not allowed and they would not be doing it anymore) and the one we called in. This resulted in overdraft fees of nearly 300.00!!! We called the mortgage company and after much running around they apologized and promised to overnight a check to us stating that they couldn't electronically credit back the amount. No check came. We called and were promised a check overnighted AGAIN. Didn't happen. They promised three times to overnight a check including overdraft fees. It will be a week tomorrow. They have stopped returning our calls. Our money is tied up....we are over 800.00 in the negative with our bank. (300.00 of it in overdraft fees) We are never late with payments but this is cutting into our other bill money. We have no money for necessities because of this. It was a supervisor that promised the check. I have left messages for him AND his supervisor but no response.
The customer service dept we are working with is located in Milwaukee, out of state. Is it possible to file a small claims suit to collect the overdraft fees? If at all possible, do we have to file in THEIR state or because the fees were incurred here can we file here?