My bank screwed up and doesnt return calls.

[gleno]

What is the name of your state?What is the name of your state? Minnesota bank, Wisconsin resident

I run a small business and run my checking through a Minnesota bank. I pay a fee of $2.95 per month to keep my check records and make then viewable online. The bank messed up and my checks are not viewable for 2004. When i talk to them on the phone they look at my account and agree they should be viewable. They always say they will have a manager call me but i never get a call back. I filed an extention on my 2004 taxes because i couldnt complete without the checks and now im past the extension time, i also have been turned into collections for a payroll insurance audit because i cant complete their forms (150.00). I am going to pay the $150.00 so its not over my head. The $150 is just a penalty. Not sure what im going to do about my taxes but the IRS will be contacting me down the road. I would like to sue for my time and IRS penalties and what ever i can get because im so mad. Advise? thanks Gleno

 

[Veronica1228]

What is the name of your state?What is the name of your state? Minnesota bank, Wisconsin resident

I run a small business and run my checking through a Minnesota bank. I pay a fee of $2.95 per month to keep my check records and make then viewable online. The bank messed up and my checks are not viewable for 2004. When i talk to them on the phone they look at my account and agree they should be viewable. They always say they will have a manager call me but i never get a call back. I filed an extention on my 2004 taxes because i couldnt complete without the checks and now im past the extension time, i also have been turned into collections for a payroll insurance audit because i cant complete their forms (150.00). I am going to pay the $150.00 so its not over my head. The $150 is just a penalty. Not sure what im going to do about my taxes but the IRS will be contacting me down the road. I would like to sue for my time and IRS penalties and what ever i can get because im so mad. Advise? thanks Gleno

You of course, can try to sue them for this, and I don't blame you since they did mess up pretty badly. However, I recommend giving them one more chance to help you with this issue. Try contacting them again, but this time actually go into the branch (if you can) if the Branch Manager can't help you then go the the District Mananger and then the Regional Mananger and work your way up the chain of command like that. I know that when I have customers who suffered IRS penalties I usually draft a letter on their behalf to get the penalties abated. It only works about 60% of the time, but sometimes the IRS will be more lenient if this is the first time you have ever been late.

If all of this fails then go ahead and hire a lawyer to sue your bank. I'm not sure it will be worth it or will even work, but you never know. Good luck.

 

[JETX]

First, I agree 100% with Veronica on this.
HOWEVER, you have NO case against them.

You have an OBLIGATION to try to mitigate your 'damages'. In this case, that would have been as simple as contacting them in WRITING or in PERSON and requesting the records. Instead, you sat back and are trying to use the excuse of them not being available ONLINE!! Sorry, but that is NOT your only recourse to remedy this problem.
Also, if you had a problem with this bank, you should have changed banks LONG AGO. Again, you failed in YOUR actions.

You can certainly sue the bank (and anyone else you want). After all, anyone can sue almost anyone else over almost anything. However, I predict you have between zero and none chance of 'winning'.

 

[gleno]

Thanks,my next steps are to contact in person like you said and move up the ranks like you say.I will tell each manager of my plans. I will also contact them with registed mail through the ranks so i have good records for the court if need be. I really dont understand the system if i pay for a service and i dont get what was promised. I want my records more than i want the money, I'm sure things will work out fine with the IRS with a few penalities and yes maybe im at fault for not keeping double records of my checks, but that is what i was paying the bank to do for me so i dont understand why i have zero recourse.