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NEED LEGAL ADVICE
October 27, 2004 | GYPSY286

Posted on 10/27/2004 9:23:02 PM PDT by GYPSY286

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To: GYPSY286

Was the bank PNC? We had a similar experience with PNC, but no overdrawn account. They transferred an extra $50,000 into our IRA when we transferred to a different bank. They didn't realized the error for three months and our broker never realized it because they had sent the money over in dribs and drabs as they sold stock. Fortunately, all the money had not yet been reinvested, but PNC wanted the original stocks returned, not the cash because the stock had appreciated. Naturally our bank told them to pound sand and told us that PNC has a reputation for such "errrors."


41 posted on 10/27/2004 9:58:10 PM PDT by Eva
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To: I still care
With these kinds of accounts, you often don't know how much you really have in them. IRA's flucuate, and they also put in and take away fees when you withdraw them.

If you sign the papers to liquidate your IRA and then sign the paperwork to wire the funds then you know how much is suppose to arrive in your account. The idea of wiring the money in and of itself is a waste of money - if you can wait a week for a check you don't have the pay the $30 or so wiring fee.

42 posted on 10/27/2004 9:58:50 PM PDT by ClintonBeGone (Take the first step in the war on terror - defeat John Kerry)
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To: WKL815

They're going to be making payments plus interest plus recovery fees if they continue to push it.

And this isn't an issue of unsecured credit. No credit was ever offered in any of these transactions.

More than there credit is on the line here.


43 posted on 10/27/2004 9:59:01 PM PDT by DB (©)
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To: GYPSY286

You need legal advice and you turn to Freerepublic? Yea, makes sense to me. I did my own gall bladder operation after getting advice from posters at DU.


44 posted on 10/27/2004 10:00:17 PM PDT by daguberment ("Kin I git me a huntin license here?")
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To: CatoRenasci
they would be at fault, the extent of which would depend, in part, on whether they knew the amount was greater than they were supposed to get.

That would seem to be the key. Is it more than they are supposed to get? Has the bank established that yet to their satisfaction?

45 posted on 10/27/2004 10:01:12 PM PDT by BJungNan (Stop Spam - Do NOT buy from junk email.)
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To: DB
The paperwork I received from OPM indicated we were entitled to the amount of the check I received. Two months later I got the notice, according to our record you were overpaid. I was given dispute notices, which I did not use, because I assumed they were correct.

So OPM set up a repayment schedule, and we did it for 5 years. There was no way I could know they overpaid us.
46 posted on 10/27/2004 10:02:02 PM PDT by I still care (America is not the problem - it is the solution..)
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To: DB

I meant they would have to take a loan, like an official loan - like some would to make a big purchase. It's a pipe dream to think the bank will accept payments without interest being paid.

I do think her kids got a raw deal. I always try to cover or talk the bank into covering fees incurred by a client through no, or minimal fault of their own.


47 posted on 10/27/2004 10:02:33 PM PDT by WKL815
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To: yukong
I would put the bank on notice that if they make a negative report to the credit bureaus of the alleged deficieny...that your kids will file a suit against the bank for violation of the Fair debt reporting act or Fair debt collection act...(can't remember which it is, but it is illegal for any creditor to make an improper negative report against you)

If the 'last' bank that charged the NSF fees reports the debt on her credit statement, how is that a violation of the credit laws? It's a legitimate debt she owes her bank, regardless of how or why there was no money in the account.

48 posted on 10/27/2004 10:02:37 PM PDT by ClintonBeGone (Take the first step in the war on terror - defeat John Kerry)
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To: BJungNan

Are you serious?

The can easily prove it. The bank records are as plain as day.

In a court of law.

And the result of that won't be pretty.

They'll be on the hook for the attorney fees, court fees and other fees... Possibly even a criminal conviction. This is not some unsecured credit issue. This is theft.


49 posted on 10/27/2004 10:02:40 PM PDT by DB (©)
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To: DB
If you received a deposit substantially higher than the amount on your paper work indicated you were to receive you KNOW something went wrong.

What if the amount they received was the same amount as signed for, but when the bank went back and calculated, they came up with a different number? After you had signed and left.

50 posted on 10/27/2004 10:03:11 PM PDT by BJungNan (Stop Spam - Do NOT buy from junk email.)
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To: Eva

Yes, it was PNC!


51 posted on 10/27/2004 10:04:56 PM PDT by GYPSY286
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To: BearWash
Creditworthiness standards are far too lax these days and all this excess credit will have to be unwound someday.

I would have to disagree. I know a family member that still has a $50 ding on her credit report because her health insurance failed to pay a medical bill within 60 days. While lenders may lend on lower credit scores, creditors are certainly MORE willing to put stuff on your report.

52 posted on 10/27/2004 10:05:11 PM PDT by ClintonBeGone (Take the first step in the war on terror - defeat John Kerry)
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To: daguberment
You need legal advice and you turn to Freerepublic? Yea, makes sense to me. I did my own gall bladder operation after getting advice from posters at DU.

Bet that operation went well. LOL

53 posted on 10/27/2004 10:06:36 PM PDT by BJungNan (Stop Spam - Do NOT buy from junk email.)
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To: I still care

In your case I totally agree with you. And I would be angry at OPM for putting me in that situation...

But in the case that started this thread there is no indication that that is what happened. If they had a statement that indicated they were to receive X and they got Y, they knew something went wrong.


54 posted on 10/27/2004 10:06:41 PM PDT by DB (©)
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To: dila813
So many people are in debt and have to depend on the charity of lenders.

It sounds like that's exactly what you did - but instead of taking charity, you simply took their money by blowing off the debt.

55 posted on 10/27/2004 10:08:05 PM PDT by ClintonBeGone (Take the first step in the war on terror - defeat John Kerry)
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To: BJungNan

That's a wholly different matter. Then the bank needs to provide evidence of what their mistake was and for how much. And in those conditions there needs to be some give and take on working out arrangements for repayment because the situation the bank has put you in, due to their error, was beyond your control. You had no resonable way of knowing something was wrong.


56 posted on 10/27/2004 10:11:08 PM PDT by DB (©)
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To: ClintonBeGone
I stand by my statement that "Creditworthiness standards are far too lax these days". Every day I get unsolicited checks in the mail that banks beg me to cash. You must as well. They have no idea if I am even employed or have income. The largest unsolicited check I have received was $18,000. A well-heeled friend, who is wealthy but has no job or predictable income, received a check from a major bank for a $300,000 unsecured credit line. No questions asked.
57 posted on 10/27/2004 10:11:24 PM PDT by steve86
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To: GYPSY286

PNC- the bank that financed the Clintons when no other bank would.


58 posted on 10/27/2004 10:11:32 PM PDT by Eva
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To: ClintonBeGone

I didn't owe money, they owed me money and overpaid me. Then they tried to take it back without asking.

I know, I will pay them money even though they have cost me more money then they were trying to get back. (sarcasm)

That makes alot of sense.


59 posted on 10/27/2004 10:12:48 PM PDT by dila813
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To: BearWash

They may well have access to property tax records and therefore have a good idea of the assets potential clients have along with what debt they carry.


60 posted on 10/27/2004 10:14:37 PM PDT by DB (©)
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