unathorized transaction

[jeffreypaulhill]

What is the name of your state (only U.S. law)? Texas

Hello everyone. My name is Jeff and I live in a small town in Texas. I have a very interesting situation and I would like to know the best way to proceed.

Here's the general problem. On 10 March 2009 $318 was taken out of my bank account by Kelsey-Seybold Clinic St. Lukes Episcopal Health System in Houston, TX. The payment was for someone's bill that I don't know and I have never been to the clinic nor has any of my family. The electronic check put me in the negative and cost me 2 overdraft fees. After speaking to the clinic I had to go thru my bank to get the money back which will happen by the 24th of March. The transaction showed the name of the person who should have paid the bill. I tried to get documentation from the clinic in case I need it later but they are giving me the run around on this. Does anyone have any suggestions. I would like to know if there are laws the would give me the right to sue for damages to reputation/life style/family purchases. I have a wife and 3 kids and it's not very easy to get by when this type of stuff happens.


Thank you for your help.

 

[jeffreypaulhill]

Update

I am still looking for advice on this. The $318 that was taking out of my account and used to pay someone else's bill was a mistake by the clinic when they typed in the account number and routing number. If they are to blame for my money being taken from me for over a week is there any rights that I have to sue?

 

[Antigone*]

I am still looking for advice on this. The $318 that was taking out of my account and used to pay someone else's bill was a mistake by the clinic when they typed in the account number and routing number. If they are to blame for my money being taken from me for over a week is there any rights that I have to sue?

Has the bank credited your account for the $318?

 

[jeffreypaulhill]

Yes the bank did credit the account back...

They told me they had to do an investigation before crediting the account but the paper they sent me after I got the money back said nothing as to why my account was charged in the first place.

I realize that this is not be a criminal act against me by the clinic but there is a party at fault and there is a party that had to suffer (me). In no way are my actions responsible for this situation.

 

[Antigone*]

They told me they had to do an investigation before crediting the account but the paper they sent me after I got the money back said nothing as to why my account was charged in the first place.

I realize that this is not be a criminal act against me by the clinic but there is a party at fault and there is a party that had to suffer (me). In no way are my actions responsible for this situation.

You are no longer the victim ~ you have been made whole by your bank.

I would suggest that you monitor your account for any future unauthorized transactions.

 

[jeffreypaulhill]

What does made whole mean...

When I had to pay late fees on bills because I didn't have the money I had worked hard for. What do you mean I am no longer the victim? If I was accidentally stabbed by something in a grocery store would I be whole again after the hospital patched me up or would there still be a case?

I know this is free advice but you are not even considering the damages caused by the mistake. It's the time in between the mistake and the correction that I am wanting to know my options for replacing the stress, late fees, living without food to eat for my wife and 3 kids, having to borrow money and scrounge for loose change to buy gas.

 

[Antigone*]

When I had to pay late fees on bills because I didn't have the money I had worked hard for. What do you mean I am no longer the victim? If I was accidentally stabbed by something in a grocery store would I be whole again after the hospital patched me up or would there still be a case?

I know this is free advice but you are not even considering the damages caused by the mistake. It's the time in between the mistake and the correction that I am wanting to know my options for replacing the stress, late fees, living without food to eat for my wife and 3 kids, having to borrow money and scrounge for loose change to buy gas.

What do you mean by late fees??? If you are speaking about NSF fees in your account, then your bank should have reversed them due to the fraudulent item hitting your account. Financially speaking you should have been made whole (item paid in error and nsf fees).

Your stress is not a recompensable expense.

 

[Zigner]

You can reasonably expect to have the overdraft fees reimbursed by the clinic (or, as WA pointed out, by the bank.) It's a little more of a stretch to get the late fees, but not totally unreasonable.

What did the clinic say when you asked for reimbursement on those amounts?

 

[Zigner]

What do you mean by late fees???

I'm ASSuming that OP means the fees charged by the companies that she wrote the NSF checks to.

 

[Antigone*]

I'm ASSuming that OP means the fees charged by the companies that she wrote the NSF checks to.

I see said the blind banker.

A letter from the bank (done all the time) can help to alleviate that problem.

 

[jeffreypaulhill]

I'll be more specific

"When I had to pay late fees on bills"

Late fees I'm talking about are when your late on making a payment to someone including water company, gas company, electric company, Mortgage, rent-a-center, ect and they charge you. After 10 days many of these have late fees that apply.

The bank is not the party I am having a problem with. They put the money back and covered the late fees that where caused by the overdraft. The health clinic in Houston is who I feel has wronged me by taking my money from me for about 10 days and I had to be the one to correct it or it would not have been corrected. They could easily get others by doing this, I was lucky because I check my bank statement online several times a day and keep track of everything.

"Your stress is not a recompensable expense. "

Are you serious? You think that I want the bank to pay me for my stress don't you. I'm talking about using the law against the health clinic and from what I've seen many times the law does consider stress and health and many other intangible items.

 

[jeffreypaulhill]

You can reasonably expect to have the overdraft fees reimbursed by the clinic (or, as WA pointed out, by the bank.) It's a little more of a stretch to get the late fees, but not totally unreasonable.

What did the clinic say when you asked for reimbursement on those amounts?

The person I keep speaking with at the clinic doesn't seem interested in talking about it. I asked for a letter describing the accidental charge but I still have not received it. This leads me to think that they don't want to admit any guilt.

 

[Zigner]

The person I keep speaking with at the clinic doesn't seem interested in talking about it. I asked for a letter describing the accidental charge but I still have not received it. This leads me to think that they don't want to admit any guilt.

As mentioned above - ask the bank for a letter explaining the situation. If THAT doesn't work, then you could go to small claims court over the amounts that the clinic has caused you to incur by their mistake (negligence)

 

[Zigner]

"Your stress is not a recompensable expense. "

Are you serious? You think that I want the bank to pay me for my stress don't you. I'm talking about using the law against the health clinic and from what I've seen many times the law does consider stress and health and many other intangible items.

Occasionally they may. But not in this case. Thus, in YOUR case, they aren't recoverable expenses (they're not expenses in the first place)