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View Diary: I Need a Lawyer (76 comments)

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  •  I'm in the Miami area, a hotbed for this stuff (7+ / 0-)

    because it's a tourist spot.

    And the bank is denying it because a pin was used.
    Despite the fact that they KNOW that this is the criminals new way of doing things. There are articles all over the net about this.

    One article today in the register about a fake ATM in Vegas that was capturing pins. I'll look for the link.

    In addition to that- there was lots of other evidence that it wasn't me or my husband such as:

    1. Way out of line with buying patterns
    1. Charges in ANOTHER COUNTY while we were both in the dentist's / vet's office and have witnesses

    Lots of evidence in our favor- but they don't give a damn.

      •  Yep. That's it. But it's happening all over now (1+ / 0-)
        Recommended by:
        Wayward Wind

        They have a lot of techniques they use- mini cameras at ATM's in gas stations, etc.

        Fake key pads, all kinds of stuff.

        The thieves are smart!  They know the banks don't call you to verify purchases if a pin is used.  So they can usually charge up a lot more before you notice it.

      •  Disregard my question below (3+ / 0-)

        Not much to go on, but the Chase website contains the following language:

        1Zero Liability protection - Chase reimburses you for any unauthorized card transactions made at stores, ATMs, on the phone or online when reported promptly.

        Chase Checking accounts

        Since it is impossible (I think)  to use an ATM without a PIN, their language seems in conflict with the denial basis that they gave you.

        Any wild chance that you kept the paperwork provided when the account was opened, and any modifications that you have received?  Those documents will contain expanded language which may be of help.

        I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

        by Wayward Wind on Mon Aug 03, 2009 at 09:03:33 AM PDT

        [ Parent ]

        •  I know that they advertise that but (0+ / 0-)

          I still need help fighting it.

          I need a lawyer!  I pointed out to their promise to them and they still denied me.

          They just don't give a damn. There are stories like this about Chase all over the net.

          But this is one person who's not going to stand for it.  A promise is a promise.

          •  You will absolutely get your money (1+ / 0-)
            Recommended by:
            newyorknewyork
            back.  I know how stressful it is right now, but there is no way Chase can refuse to give you back your money if:

            (1) They do have a protection guarantee
            (2) You have some credible evidence that you did not make/authorize the transaction.

            Faith in oneself is not trusting that you will always be victorious. It is trusting that you will either die or get back up.

            by Justashotaway on Mon Aug 03, 2009 at 09:15:45 AM PDT

            [ Parent ]

            •  Well tell them that!! (1+ / 0-)
              Recommended by:
              bustacap

              Believe me, I fought this tooth and nail for 2 weeks.

              I went all the way up to the executive corp. office.  And still they flat out denied me.

              They simply.don't.care.

              They're a big bank and they think they can get away with it- but they've got another thing coming.

              •  Relax but keep it up (2+ / 0-)
                Recommended by:
                bustacap, newyorknewyork

                I've had this sort of thing happen twice, and like you, when it was just me calling and complaining to the bank, they refused to budge.

                But each time, when they heard footsteps coming at them from some other direction (letters from my friend who is, yes, a lawyer who did it pro-bono) I got my money.

                But other posters are right; you don't really need a lawyer, not yet anyway. Try things like comsumer protection agency etc. listed in the replies.

                Good luck.

                •  It's really hard to relax when (1+ / 0-)
                  Recommended by:
                  dewley notid

                  My step-kids are coming in 3 days and now what I had planned for them is ruined.

                  My husband and I are newlyweds.  We had JUST FINALLY get settled to where we had a little money to enjoy with the kids. (They live in Europe and we don't get to see them much).

                  If you only knew what all we've been through in the last 11 months!  That money isn't a lot to Chase but was to us.

                  It pisses me off to no end.

                  I do see your point though, and thanks for caring. I'm just kind of venting here.

                  •  Kinda ironic... (1+ / 0-)
                    Recommended by:
                    newyorknewyork

                    ...for me to be telling you or anybody else to relax, I'd probably have had papers served on me by now if I'd lost $4k. Venting's good.

                    Congrats and good luck on the new marriage thing.

                    •  yeah. Until it happens to you (1+ / 0-)
                      Recommended by:
                      dewley notid

                      you just can't fully imagine how you feel.

                      Waking up on a relaxing Sunday, check the account online and find out it's empty!

                      It's one of those things you think will never happen to YOU.  It happens to someone else.

                      Then you're in for surprise #2 when you THINK you're covered but the bank decides otherwise.

                      I feel like I've been robbed TWICE- once by the thieves and again by the bank.

                      Pissed off doesn't even begin to describe how I feel right now.

          •  Amount? (3+ / 0-)
            Recommended by:
            newyorknewyork, Amber6541, stunzeed

            Above or below $5,000?

            If less, you might be able to utilize the small claims court process, which is pretty informal.

            Pro Se Small Claims Court

            The Court Rules are also online but I can't download them at present for some reason.  Google Florida Small Claims Rules, and you should see a link to the Florida Bar website, where they are posted.

            Again, the original agreement (supposed to be supplied when you opened the account - if you can't locate it, go to a branch and get a copy) may contain language that requires a different route for dispute resolution.

            I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

            by Wayward Wind on Mon Aug 03, 2009 at 09:19:22 AM PDT

            [ Parent ]

            •  Thank you. (1+ / 0-)
              Recommended by:
              Angie in WA State

              It was a little over $4,000 but not 5.  I'll see if I can try that avenue.

              But don't I still need a lawyer for that?

              Also- I opened my checking account online- back when it was Wamu.  I didn't get any paperwork.

              •  Would help, but not essential (3+ / 0-)
                Recommended by:
                cosette, newyorknewyork, Amber6541

                Have a look at the link I placed above - it is a guide for people who will be appearing Pro Se (representing themselves).

                I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

                by Wayward Wind on Mon Aug 03, 2009 at 09:25:46 AM PDT

                [ Parent ]

              •  And I finally got the rules to download (4+ / 0-)

                I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

                by Wayward Wind on Mon Aug 03, 2009 at 09:28:37 AM PDT

                [ Parent ]

              •  this gets me so mad (2+ / 0-)
                Recommended by:
                newyorknewyork, Amber6541

                I hate it when situations arise where it seems so trivial that Chase could easily cover the $4,000 as a company.  It's so little to them - BUT - it's huge to you and your family's vacation.

                Now, not to infer anything about your situation, but it seems Chase could EASILY put the money back into your account while continuing to do their investigation. If they then determined it was fraud (not that your case is) they could go back after the money.

                I readthat chase made "$2.7 billion on firmwide revenue of $27.7 billion" in the second quarter alone this year - and they are pressing you on $4,000?!  Obviously there has to be some bright line but what kind of scenario is $4,000 considered a big risk to Chase?

                I think this is why persistence is key - eventually it's just not worth it to them to keep fighting.

                Good luck - I hope you cancel your account at chase after this =)

                •  The banks are covered for this stuff too (0+ / 0-)

                  But they're just plain greedy liars and that's what makes me sick.

                  BTW- the did originally promise to put provisional funds in my acct. to cover it while they did their "investigation".  

                  I reported it on a Sunday afternoon and on that Tuesday my denial letter was mailed out.  So they "investigated" it for what, a day / day and a half????

                  YEAH, RIGHT!  

                  Investigation, my ass!

                  The police hadn't even PROCESSED the report yet!

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