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    I'm in sooo deep...long

    I am being so screwed by BofA with their nsf fees. I was trying to close the account because I foolishly had payday loans that are debiting the account and I can't afford to pay them. But a check that was outstanding (from a family member, who I told not to cash and he "forgot") cleared. I immediately called the bank and was told if I put funds in to cover the od they would close the acct because they didn't show any fees pending. Well by the time I went to the bank and deposited the $ came back and called them back, surprise I was hit with $175 in fees of course they refused to reverse them. I needed to have the acct closed by today so the payday loans wouldn't hit, you guessed it they are now pending I am showing overdrawn over $1000. What can I do??? I emailed the bank and asked them to return them and their reply was I had to wait until they hit and then dispute them. I'm working on my paperwork, was hoping to file pro se cause I can't afford a lawyer, the ones I talked to want $1500 plus the filing fees before they will file. We are just barely able to get by, as you can tell I am beginning to freak out here!
    Filed Pro Se 9/10/07
    341 Complete 10/16/07
    Discharged 1/23/08

    #2
    I think I would ask to speak with the bank manager and explain the situation. Their fees may add up to $175, but remember, it's going to cost them quite a bit to try to collect on those. Explain the situation completely, and see what they do. They'll return all the checks, and the electronic debits shouldn't have posted with no funds anyway.

    Remember, though, most bank managers are required to collect up to 90-95% of fees charged. Sucks, but that's their job.
    Success is not so much measured by what one has attained in life but rather by what one has overcome while trying to succeed - Booker T. Washington

    Comment


      #3
      Forget that bank.

      Include that bank accounts nsfs as part of the bankruptcy.

      Open an account at another bank where you have no debt if needed to cash your checks or pay bills. Otherwise you might just take your paycheck to the issuers bank and get it cashed.
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment


        #4
        Exactly what I was going to say!

        Oh, and yes they do pay ACH withdrawels with no money. It happens all the time. That's the bank's way to suck the fees outta ya for not having money in there to cover ACH's YOU authorized.

        P.S. Why did you take payday loans when you knew you couldn't pay them back soon?


        Originally posted by JRScott View Post
        Forget that bank.

        Include that bank accounts nsfs as part of the bankruptcy.

        Open an account at another bank where you have no debt if needed to cash your checks or pay bills. Otherwise you might just take your paycheck to the issuers bank and get it cashed.

        Comment


          #5
          Originally posted by CityGirl View Post

          P.S. Why did you take payday loans when you knew you couldn't pay them back soon?
          I didn't take payday loans knowing that I couldn't pay them back!!! I foolishly took them to get by because I had a family medical emergency out of state and lost some time at work. I didn't know at the time that my husbands company was going to lay people off and we would lose half our income! I really don't think people for the most part do things with the intention of not paying back. But life happens, believe me, I would never have believed I would be sitting in this predicament at this stage in my life. There was a point where I thought life was perfect.
          Filed Pro Se 9/10/07
          341 Complete 10/16/07
          Discharged 1/23/08

          Comment


            #6
            BOA was one of my creditors that was discharged get a new account and close that one. Discharge it!!
            Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

            Comment


              #7
              Originally posted by jennyn View Post
              I didn't take payday loans knowing that I couldn't pay them back!!! I foolishly took them to get by because I had a family medical emergency out of state and lost some time at work. I didn't know at the time that my husbands company was going to lay people off and we would lose half our income! I really don't think people for the most part do things with the intention of not paying back. But life happens, believe me, I would never have believed I would be sitting in this predicament at this stage in my life. There was a point where I thought life was perfect.
              We've all been there, Jennyn.

              "Life is what happens while you're busy making other plans." John Lennon.

              Welcome to the Forum. We're glad you found us.
              Filed Ch 7 - 09/06
              Discharged - 12/2006
              Officially Declared No Asset - 03/2007
              Closed - 04/2007

              I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

              Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

              Comment


                #8
                Thanks for the welcome SF; I guess I'm a little defensive at the moment. It felt like it was being suggested that I did all this on purpose.
                Filed Pro Se 9/10/07
                341 Complete 10/16/07
                Discharged 1/23/08

                Comment


                  #9
                  I'd include them on the BK too. I just had a minor fee thing with my bank. I had a deposit I made in the night deposit which posted as soon as they opened. However, I had an automatic payment scheduled for the same day wich went through at 7:30am (30 min before they opened). They charged me an OD fee which put me low enough to make another thing that day OD. I was VERY PO'd! I don't think that was fair at all. Especially when I get my checks direct deposited and they go in at midnight but I can't withdraw until the bank opens. Doesn't add up.
                  BTW - we have all been there with unexpected things happening. That's why we're here! It happens to everybody but some people have friends, family or savings to bale them out when life happens. I'm hoping to be one of those people with savings once this thing is done.
                  Good luck!
                  Filed Chapter 7 pro se- 7/24/07
                  341 Meeting - 9/13/07 Done!
                  Last day for objections - 11/12/07
                  Discharged!!!! -11/26/07

                  Comment


                    #10
                    Welcome to the forum jennyn. I'm kind of in agreement with everyone else. I would maybe consider opening an account elsewhere and just include this bank in the bk when that time comes. Whatever you choose to do, good luck and if you have any questions, complaints, gripes, or good news....feel free to post.
                    "Try to save money. Someday it may be valuable again." - Anonymous

                    Comment


                      #11
                      Hey Jennyn - I did the same thing you did with those stupid payday loans! At the time I thought I could pay them back too - funny how real life creeps up on you isn't it!!?? I'm new here too and feel what you're going through - but I found out that this is a great place to be --- if you have to deal with all this stress and craziness!!

                      Comment


                        #12
                        Originally posted by CityGirl View Post
                        P.S. Why did you take payday loans when you knew you couldn't pay them back soon?
                        CityGirl, I hope you didn't really intend that to sound the way it did. Nobody takes a payday loan on a whim...and if you have more than one they're a nightmare to get out of.

                        Jennyn, welcome and best of luck to you. I included my overdrawn checking account in my bankruptcy, but made sure I opened another checking account & switched direct deposits before I filed.

                        razmom

                        Comment


                          #13
                          Just a quick comment on opening another bank acct,.........

                          You might want to attend to that quickly.

                          If your current bank reports to Chex or another similar bank reporting agency,........ You might not have long before your name pops up there.

                          Just a thought for you.
                          Filed Ch 7 - 09/06
                          Discharged - 12/2006
                          Officially Declared No Asset - 03/2007
                          Closed - 04/2007

                          I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                          Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                          Comment


                            #14
                            Thanks,
                            I actually did that at lunch today...will/can they find out when I file or turn up on chex and close my account?
                            Filed Pro Se 9/10/07
                            341 Complete 10/16/07
                            Discharged 1/23/08

                            Comment


                              #15
                              They willl not care or check up on that if it happens after you open the new account as long as you keep your new account in good standing they dont care.
                              Sometimes life make you deal with ugly and hateful people ,just think of them as sand paper. They may scratch you and rub you the wrong way but eventually you end up smooth and polished and the sand paper becomes old and worn out.

                              Comment

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