Disputing unauthorized charges on debit card?

[MainStMandy]

If you owe them money, I think they do.

No they absolutey don't. I didn't authorize them to use the card for anything but October's rent.

And the money isn't due yet regardless. First of all November's rent is due on the 1st. The charge occurred on the 23rd. Second of all, the other charge isn't due till I move out, November 30th.

They had NO right to charge my card.

 

[MainStMandy]

I remember reading your lease breaking thread. On there you stated that you had to pay the free month that you got with the lease. I suspect this is the free month's rent and that you will owe rent again next week.

I will have to pay that to break the lease, but there was no agreement to when that was paid.

For arguements sake, let's say it was due at the time of breaking the lease (which wasn't relayed to me), they still had NO authorization to charge the card.

However you break it down, they had no right, permission, authorization whatever you want to say, to use my debit card.

 

[sunnyday123]

The dispute areas of all banks are regulated by the Federal Gov't and the Fair Credit Billing Act. You'll have to write into them to protect your billing rights and let them know the charge is unauthorized. There is no fancy way of the banks "having their cake and eating it too", but you DO have to first attempt to resolve it on your own. You should absolutely contact your landlord and demand the money returned, as well as the fees involved.

If this was your cc, you could call them 24/7. However, since it is your debit card, go to your branch first thing in the am. After you talk to your landlord.

 

[Tiggerlover91]

$200 in overdraft fees.....I feel you on that one! However, ours was OUR fault. I'm getting ready to remove my OD protection because that $200 in fees could still be in my account you know what I mean. Hubby got paid $700+ and all that's left of it is $400+ because of fees and such. I'd rather have my card be declined and be a little embarrassed than to have $200 in OD fees and have to re-coup it later.

And you're right...they had no right to charge your card without your permission. I would just simply cancel that card and get yourself issued another one so they can't do that again. Good luck!

 

[MainStMandy]

$200 in overdraft fees.....I feel you on that one! However, ours was OUR fault. I'm getting ready to remove my OD protection because that $200 in fees could still be in my account you know what I mean. Hubby got paid $700+ and all that's left of it is $400+ because of fees and such. I'd rather have my card be declined and be a little embarrassed than to have $200 in OD fees and have to re-coup it later.

And you're right...they had no right to charge your card without your permission. I would just simply cancel that card and get yourself issued another one so they can't do that again. Good luck!

Ouch!!

I didn't think of canceling the card, I should do that tomorrow. They are being very cooperative with my moving out and all, but I don't want them to have the power to charge my card whenever they want.

 

[Suzie Zoo]

Fill out the form and return it to your bank.

And yes, your landlord should refund your fees. He/she is authorized, just not at the time the transaction was made. It's his/her mistake and should be held responsible for the fees.

If your card was stolen, the bank would probably refund your fees. That's not the case here. It was an error on the part of the person authorized to debit your card.

 

[MainStMandy]

Fill out the form and return it to your bank.

And yes, your landlord should refund your fees. He/she is authorized, just not at the time the transaction was made. It's his/her mistake and should be held responsible for the fees.

If your card was stolen, the bank would probably refund your fees. That's not the case here. It was an error on the part of the person authorized to debit your card.

But they weren't authorized. That would be like going to Target and making a purchase and then 3 weeks later them charging me again just in case I come back to buy more stuff!

 

[Suzie Zoo]

I used it last month. I was so busy at work and I realized it was the 5th and I hadn't mailed a check. BUT, I never told them or asked them to use it again. I explained that I wanted to use it because I forgot to mail a check.

Do you have anything in your lease agreement that says if you're late with a payment they can charge you ahead of time?

Not all banks are "out for themselves". But they need to follow the procedures that are set up. It should NOT be up to the bank to eat the fee when it's the landlord's fault.

It's also possible that you're not the only one who was charged early. It's possible that the landlord's office manager screwed up. If that's the case, they may be owing a lot of people money.

I read your post wrong originally, so my comment about the charge being authorized was wrong. But it's still the landlord's responsibility to refund you.

 

[Imzadi]

Since it's your DEBIT card and not your credit card (as the thread title states), I doubt you'll have much recourse. Credit cards have much better protection when it comes to recouping your money. Debit cards don't have hardly any.

I was really shocked when my bank reversed the charge when I found when someone had stolen my debit card number and charged two plane tickets to Jakarta. I had to Google to even find where Jakarta is. (It's in Thailand. )

If you owe them money, I think they do.

No they absolutely don't. I didn't authorize them to use the card for anything but October's rent.

And the money isn't due yet regardless. First of all November's rent is due on the 1st. The charge occurred on the 23rd. Second of all, the other charge isn't due till I move out, November 30th.

They had NO right to charge my card.

I agree. That is a side issue and kind of irrelevant & distracting to the real issue. She may owe them money. Yet they have no right to charge her account without her authorization.

Fill out the form and return it to your bank.

And yes, your landlord should refund your fees. He/she is authorized, just not at the time the transaction was made. It's his/her mistake and should be held responsible for the fees.

If your card was stolen, the bank would probably refund your fees. That's not the case here. It was an error on the part of the person authorized to debit your card.

How is he/she authorized? The OP didn't give them continuous monthly authorization. Amazon.com has my card number on file, this in no way authorizes them to charge books to my account I didn't order and send them to me.

 

[MainStMandy]

Do you have anything in your lease agreement that says if you're late with a payment they can charge you ahead of time?

Not all banks are "out for themselves". But they need to follow the procedures that are set up. It should NOT be up to the bank to eat the fee when it's the landlord's fault.

It's also possible that you're not the only one who was charged early. It's possible that the landlord's office manager screwed up. If that's the case, they may be owing a lot of people money.

I read your post wrong originally, so my comment about the charge being authorized was wrong. But it's still the landlord's responsibility to refund you.

No there is nothing in my lease, but I am not technically late with anything. November's rent is due November 1. The month I have to pay back is due to me breaking my lease (fair enough I think). HOWEVER, I wan't told there wasa due date for that and was planning on giving them a check when I move out.

I just feel like my bank isn't helping. It's not my fault that I have $200 in overdraft fees. They want my landlord to pay it so they still get their money (I assume). Either way it shouldn't be up to me to collect that from the bank. I just feel I am being unfairly penalized.

 

[Suzie Zoo]

How is he/she authorized? The OP didn't give them continuous monthly authorization. Amazon.com has my card number on file, this in no way authorizes them to charge books to my account I didn't order and send them to me.

I responded in the next post saying that I read her comments wrong.

 

[Jestocost]

Since it's your DEBIT card and not your credit card (as the thread title states), I doubt you'll have much recourse. Credit cards have much better protection when it comes to recouping your money. Debit cards don't have hardly any.

And the landlord is probably charging you for the month's rent you owe them.

Electronic transfers, including debit card transactions, are subject to the Federal Reserve's Regulation E. In general, the bank must investigate and respond within ten days and must provide a provisional credit for the disputed amount at no later than ten days if they are going to take longer to investigate. The consumer is required to provide written notice within a certain time after initially notifying the bank and there are other hoops to jump through, but it's pretty clearly spelled out in the Reg.

 

[Suzie Zoo]

No there is nothing in my lease, but I am not technically late with anything. November's rent is due November 1. The month I have to pay back is due to me breaking my lease (fair enough I think). HOWEVER, I wan't told there wasa due date for that and was planning on giving them a check when I move out.

I just feel like my bank isn't helping. It's not my fault that I have $200 in overdraft fees. They want my landlord to pay it so they still get their money (I assume). Either way it shouldn't be up to me to collect that from the bank. I just feel I am being unfairly penalized.

You said that last month you realized it was the 5th and hadn't sent a check yet. The bank is helping. They're giving you the paperwork to fill out. They can't do ANYTHING until you do that.

 

[MainStMandy]

You said that last month you realized it was the 5th and hadn't sent a check yet. The bank is helping. They're giving you the paperwork to fill out. They can't do ANYTHING until you do that.

Huh???

Last month I noticed on the 5th I forgot to mail a rent check. I paid by debit card. That hit my account almost immediately.

NOW on the 23rd my landlord charged another $580 for god knows what without my consent. I never gave them permission for anything beyond the first charge.

AND my bank didn't say anything about paperwork. They told me to talk to my landlord and call them back if the landlord didn't do anything. People responing to this post said something about filing paperwork.

Sorry, I'm not trying to be nasty (I realize it might come out that way). I am just super stressed.

 

[Suzie Zoo]

Huh???

Last month I noticed on the 5th I forgot to mail a rent check. I paid by debit card. That hit my account almost immediately.

NOW on the 23rd my landlord charged another $580 for god knows what without my consent. I never gave them permission for anything beyond the first charge.

AND my bank didn't say anything about paperwork. They told me to talk to my landlord and call them back if the landlord didn't do anything. People responing to this post said something about filing paperwork.

Sorry, I'm not trying to be nasty (I realize it might come out that way). I am just super stressed.

When you realized on the 5th that you hadn't mailed a check, was it for rent that had been due on the 1st?

That's what I assumed you meant... because I don't understand why you would have used your debit card if it wasn't due for another three weeks.

If that's the case and your rent that month was late, I wondered if you had something in your lease that would have required you to pay early this month.

I have a feeling that the bank representative misunderstood and thought the same thing I did... that they were authorized to make the transaction but that they made it a week early. Because they should have told you to fill out the dispute paperwork. (Sorry... I thought you mentioned that, not the other posters).

Call your bank in the morning (the one you normally deal with... not the customer service number) and tell them you want to fill out the paperwork.

And I don't think you sound nasty at all Just frustrated, which is understandable.

 

[just4today]

I had to Google to even find where Jakarta is. (It's in Thailand. )

Actually, it's in Indonesia. Carry on

 

[MainStMandy]

Yes, I paid my rent 4 days late in October. That's why they had my debit card.

There is definitely nothing in my lease about paying the rent late or the consequences of. And I with everything going on with me breaking my lease, I would have thought it would have come up.

I am going to be calling both the landlord and bank in the morning...landlord first. This is just the most recent thing the landlord has done to make me want to move out. Plus they were so helpful regarding me moving out, even waiving the fee they normally impose for breaking a lease.

 

[just4today]

I will have to pay that to break the lease, but there was no agreement to when that was paid.

Plus they were so helpful regarding me moving out, even waiving the fee they normally impose for breaking a lease.

I'm confused. These statements seem to contradict each other.

I'm betting there is something in the fine print of your lease that is the basis for this charge. I don't know your landlord, obviously, but it seems unlikely the he would just randomly charge you for something knowing full well it was a bogus charge.

 

[sunnyday123]

No there is nothing in my lease, but I am not technically late with anything. November's rent is due November 1. The month I have to pay back is due to me breaking my lease (fair enough I think). HOWEVER, I wan't told there wasa due date for that and was planning on giving them a check when I move out.

I just feel like my bank isn't helping. It's not my fault that I have $200 in overdraft fees. They want my landlord to pay it so they still get their money (I assume). Either way it shouldn't be up to me to collect that from the bank. I just feel I am being unfairly penalized.

If the landlord reimburses you directly for the funds, you would then in turn write the check out to the bank and pay the fees. Or he could credit your card, which would remove the fees. Either way the bank won't get to keep the money. It is your card, and there is some responsibility as a cardholder ( debit or credit) to attempt to resolve it before you dispute it with your credit card.

 

[MainStMandy]

I'm confused. These statements seem to contradict each other.

I'm betting there is something in the fine print of your lease that is the basis for this charge. I don't know your landlord, obviously, but it seems unlikely the he would just randomly charge you for something knowing full well it was a bogus charge.

Normally to break the lease there is a break the lease fee (one month's rent) PLUS paying back any incentive (i.e. one month free with a 13 month lease). The owners waived the break the lease fee, but I still have to pay back my first months rent.

There was nothing that said when and again, regardless of when they were not authorized to use my card.

If the landlord reimburses you directly for the funds, you would then in turn write the check out to the bank and pay the fees. Or he could credit your card, which would remove the fees. Either way the bank won't get to keep the money. It is your card, and there is some responsibility as a cardholder ( debit or credit) to attempt to resolve it before you dispute it with your credit card.

Yes, if the landlord reimbursed me the amount charged and the overdraft fees, the bank is collecting on the overdraft fees vs. reversing those charges.

I am the cardholder, and someone used my "card" without authorization. That to me is the same as stealing and the bank is doing nothing to help me. I don't think it's out of the question to ask not to be charged overdraft fees that were caused by a charge I did not authorize.

The landlord didn't have ANY right to use my card. Period.