The bank is at fault

[hbranham]

This is in New York State. I had 3 accounts at one bank. 1st account was a business account with mine and husbands name. 2nd account was also a business account opened because the first account had unauthorized debits and we were advised not to touch this account until the disputes were settled, thus we opened a second account. 3rd account was a personal account open in wifes name only. A phone transfer of funds was performed by me, the wife, from open business account to personal account. The transfer was accepted. The bank decided to reverse the transfer, without my knowledge or any notification, and put it in the business account that had the disputes. Apparently, without our knowledge also, a decision had come back and it turned out that we had a small fee to pay on this account. Is it legal for a bank to transfer funds out of a personal account, which is in one name, into a business account, which is in two names...without our knowledge? This one transfer of funds created a domino effect of bounced transactions resulting in over 500.00 worth of fees. The bank is holding us liable and we can not afford to repay it. Thank you for any help you can give.

 

[JETX]

Send a certified letter to the bank branch manager. Detail the specific facts about your case with dates and amounts. Close with a statement that the bank has a fiduciary responsiblity to properly manage and handle your funds that are in their control (this is by your State banking regulations). As such, they cannot unilaterally transfer your funds, much less self-determine amounts or accounts to transfer them to/from. Insist that they return the correct funds back to the correct account and, to honor all checks or debits WITHOUT PENALTY, that would have been valid if their improper transfer had not occurred. Give them a reasonable time to do this (5 business days??). If they do not correct THEIR error, contact your state banking regulators.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!