What is the name of your state (only U.S. law)? NEW YORK
Hello,
I'm writing on behalf of dear friend, a young Brazilian lady I met last summer whom I became close friends with. Isa was here in the states from May through August 2017. During that time, she set up a checking/ATM account at a Wells Fargo branch and also joined a fitness gym. She had just under $1000 in the checking account and because she was moving around so much, I don't think she ever got a statement from the bank, she usually conducted any business she needed at the local branch. She joined the fitness gym in May and was told by the representative that she could sign up for just one month and that's the only charge that would go against her ATM debit card. When she went back to Brazil in August she left that bank account open. When she returned to the US back in November, she was deported back to Brazil as she had overstayed her visit back in August when she was here. She's not sure when she'll make it back to the states so I've been trying to help her close her Wells Fargo account and get any funds left in the account.
When I visited Wells Fargo, I was told the only way I could access her account was through power of attorney. Problem is, it would cost Isa a LOT of money to visit the US consulate to get the power of attorney notarized. Another problem she now has is, that gym she joined has been charging $125 a month to her ATM card even though she was told she'd only be billed for the first month. When I called the gym on Isa's behalf, I was told by a manager that she could probably give her a couple of months worth of fees refunded and asked that I forward any documentation showing Isa was out of the country to her. I emailed her Isa's plane tickets and immigration forms that stated she was only in the country from May through August. I also stated Isa was seeking a refund for all the months for which she was erroneously charged, meaning June through January. I then got an email from the manager at the gym that stated
"Hi Dan: I received all the emails/documentation and forwarded them to the corporate office. They informed me they cannot discuss Isa’s account with you or anyone else that is not Isa without a legal document giving you authority to handle her account. We will wait to hear from Isa or receive legal documentation."
The manager didn't specifically state power of attorney so I'm wondering if Isa were to write a letter that gives me the authority to handle her account, sign it and date it and send it to the corporate office for the gym if that would be good enough? I'm sure the people at the corporate office of the gym will tell me power of attorney is required to make it more difficult and less likely any refund will be given but I'm wondering what the law says, if anything, about this type of situation? Or, do you think she will need power of attorney even if it's just to get a refund processed? I ask this because, when Isa was first deported, I contacted Department of Homeland Security to try to get more information regarding her deportation. They told me of a 3rd party release authorization form that we could fill out and Isa could sign giving me access to info on her deportation. I'm assuming something similar could be done for the situation with the gym? Again, I was told by Isa that it would cost her a lot of money to get power of attorney processed there in Brazil. Also, I asked the manager at the gym if Isa's refund could be issued in a check rather than being refunded back to the account from which it was charged, I did this because of the problems we are having with Wells Fargo. Any idea if the bank is REQUIRED to issue a refund to the account from which it was charged?
Thanks in advance for any info y'all can provide!
Hello,
I'm writing on behalf of dear friend, a young Brazilian lady I met last summer whom I became close friends with. Isa was here in the states from May through August 2017. During that time, she set up a checking/ATM account at a Wells Fargo branch and also joined a fitness gym. She had just under $1000 in the checking account and because she was moving around so much, I don't think she ever got a statement from the bank, she usually conducted any business she needed at the local branch. She joined the fitness gym in May and was told by the representative that she could sign up for just one month and that's the only charge that would go against her ATM debit card. When she went back to Brazil in August she left that bank account open. When she returned to the US back in November, she was deported back to Brazil as she had overstayed her visit back in August when she was here. She's not sure when she'll make it back to the states so I've been trying to help her close her Wells Fargo account and get any funds left in the account.
When I visited Wells Fargo, I was told the only way I could access her account was through power of attorney. Problem is, it would cost Isa a LOT of money to visit the US consulate to get the power of attorney notarized. Another problem she now has is, that gym she joined has been charging $125 a month to her ATM card even though she was told she'd only be billed for the first month. When I called the gym on Isa's behalf, I was told by a manager that she could probably give her a couple of months worth of fees refunded and asked that I forward any documentation showing Isa was out of the country to her. I emailed her Isa's plane tickets and immigration forms that stated she was only in the country from May through August. I also stated Isa was seeking a refund for all the months for which she was erroneously charged, meaning June through January. I then got an email from the manager at the gym that stated
"Hi Dan: I received all the emails/documentation and forwarded them to the corporate office. They informed me they cannot discuss Isa’s account with you or anyone else that is not Isa without a legal document giving you authority to handle her account. We will wait to hear from Isa or receive legal documentation."
The manager didn't specifically state power of attorney so I'm wondering if Isa were to write a letter that gives me the authority to handle her account, sign it and date it and send it to the corporate office for the gym if that would be good enough? I'm sure the people at the corporate office of the gym will tell me power of attorney is required to make it more difficult and less likely any refund will be given but I'm wondering what the law says, if anything, about this type of situation? Or, do you think she will need power of attorney even if it's just to get a refund processed? I ask this because, when Isa was first deported, I contacted Department of Homeland Security to try to get more information regarding her deportation. They told me of a 3rd party release authorization form that we could fill out and Isa could sign giving me access to info on her deportation. I'm assuming something similar could be done for the situation with the gym? Again, I was told by Isa that it would cost her a lot of money to get power of attorney processed there in Brazil. Also, I asked the manager at the gym if Isa's refund could be issued in a check rather than being refunded back to the account from which it was charged, I did this because of the problems we are having with Wells Fargo. Any idea if the bank is REQUIRED to issue a refund to the account from which it was charged?
Thanks in advance for any info y'all can provide!
