NORTH PALM BEACH, FLORIDA -- My Mortgage Account is overdrawn by .36 cents.
OK here is the background. on what happened.
My mortgage Cleared the account, I usually keep a little extra in case of emergencies.
On 3/6 I made a purchase at BK for me and my daughter for 14.64 leaving an account balance of 14.05 when I balanced my checkbook the online account agreed with this.
The next day I went to Winn Dixie to grab some baby food and pick up medicine for my wife. The medicine was 10.00 at the pharmacy leaving me 4.05 left in the account. I forgot my National City bank card, so I was not expecting to use this card today. I picked up some baby food 3 for 1.00 the total should have been 3.00 plus tax, unfortunately the register did not recognize the customer reward card and I was overcharged .36 cents. OK my fault I did not catch it until later that night, and I entered my pin while talking to the store mgr who was at the register playing with my little baby.
I should have been charged 35.00 overdraft and I understand this, but I got charged 105.00 and went negative 105.36 from what I can tell I was charged 3 times for 1 overdraft, I called the branch mgr, who was a total jerk. Refused to refund any of the money, now all I was asking for was a refund of 70.00 what I legitimately owed, the branch mgr hung up on me and instructed his employees to hang up on me if I called back, on the third try a different employee at least gave me his name, something he refused to do.
No matter how you do the math you can clearly see the overdraft was over the 4.41 (Which I do not dispute) I called customer service the first phone rep was at least nice, and said I was definitely right and gave me another number to call, because she did not have the codes to override.
The third person basically was useless in help saying that the way it happened is they bounced the BK transaction because the Winn Dixie transactions added up over drafted, say what????
So basically I said OK, I agree to the first over draft and I am willing to accept it, but I wanted the refund of 70.00, she said not going to happen. So OK I said I guess I will have to initiate a small claims suit to get money back, at this point she said OK have a good night and hung up phone.
So basically because a Branch Manager was a jerk and 2 reps refused to at least compromise we are going to initiate a Small Claims action.
The wife is a Paralegal and I am studying Paralegal and I have what I believe is a strong case, Wachovia is going to have to pay more money to fight this case, which they will probably not win or even if they do not fight they will have to pay the judgment which we are going to ask for 5 grand the max allowed. I personally hope they fight because I want to see them explain how they charged these fee's and why. Even if I lose I will walk away saying I did not bend over and take it on the downside. I personally think anyone who disagrees with the bank levels fee's you have the right to ask the court to intervene, make the banks pay attorney fees or pay back your money.
The way this works is we will get a pre trial motion. This will be held by a arbitrator, not the judge, if Wachovia refuses to meet my demands I get a trial date. If wachovia does not show I win by default. Either way Wachovia is going to spend way more than the 70.00 in fee's they refused to hand over.