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electronic payment error

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O

Outraged

Guest
My insurance company was authorized to withdraw a monthly payment from my account. Approximately ten days before they make the monthly withdraw I am suppose to receive a statement stating the amount that will be withdrawn from my account. In April I added a new vehicle, a motorcycle, to my policy but was billed separately, this was before the company had direct access to my account, so I was sent a bill for this amount. In May I was informed that they did not receive a payment for the motorcycle for April (I had paid the balance for the other policies), so I owed for April and May on the motorcycle, a total of $32.00. I sent them a payment for $80.00 which they received on June 5th. This check was the one they used to gain access to my account. On June 21st they withdrew $212.00, $80.00 more than they should have. This withdraw occurred the day before I left for vacation in Florida, therefore I did not notice the overcharge until I had returned two weeks later. The missing $80.00 caused my account to go below a positive balance, ultimately resulting in $243.00 in fees after my banked charged me $25.00 five times, two $25.00 charges for returned checks from businesses I wrote them to, and $68.00 to cover a private account that I wrote a check to (her bank charged her $18 for my check and then $25.00 because it caused a check of hers to be returned, plus a $25.00 charge from the business she wrote it to.) On my July statement both the credits of $80 & $212 are posted and the balance was adjusted to account for the overcharge, this however does not cover the $240 I am out due to NSF fees. I have looked for the statement that would have stated that my account would have been charged $212 but have not found it, however even if I would have seen the statement I would still have assumed that a fifteen day period would be long enough for the eight dollar payment to be posted to my account and they would adjust my bill before the automatic withdraw. What I want to know is what are my rights and do they have to cover the resulting banking fees due to their inability to adjust my June payment? I have already contacted them once and after a long delay, so they could figure out what had happened, they offered to pay for half of the fees because the blame was to also lay with me because my payment was late.
 


ALawyer

Senior Member
The frustration level exceeds the amount of money involved. This is a no win given that if you get the fees back and an apology you'd likely have spent more time than you'd be paid at minimum wage.

But next time never let your balance get so low that any error would cause this chain of events, or get reserve checking to cover minor possible overdrafts.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

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