Disputing unauthorized charges on debit card?

[KAMLEM]

I just tried calling BoA again but the call center is closed. This is just infuriating...to me it's the same as if someone stole my card and used it. NOT AUTHORIZED.

According to your original post, they just charged it a week early. That's not the same thing as stealing. They had permission, they just did it too early.

 

[MainStMandy]

According to your original post, they just charged it a week early. That's not the same thing as stealing. They had permission, they just did it too early.

THEY DID NOT HAVE PERMISSION!!

They had no authorization from me to use my card. I am ASSUMING they were using it to charge for November's rent which is due on the 1st of November, however I never told them they could do that, and I definitely didn't tell them they could do it a week early.

I used my debit card with them ONCE to pay October's rent. There was never an agreement, in person, over the phone or in writing to allow them to use my card other than that one transaction.

 

[DisneyDmbNut]

i am confused too.
I have BoA and when I have a charge that is in question, I can dispute it online and they credit my account until they investigate. I never have had to call to get a credit.
(example: I had a wine club membership..each shipment was charged to my debit. When I cancelled the membership, the winery charged my account in error. BoA credited my account then sent me a letter about a month later saying the credit would be permanent because the winery agreed to the error)
If you had to pay a break lease fee, the more than likely require that before you move

 

[MainStMandy]

i am confused too.
I have BoA and when I have a charge that is in question, I can dispute it online and they credit my account until they investigate. I never have had to call to get a credit.
(example: I had a wine club membership..each shipment was charged to my debit. When I cancelled the membership, the winery charged my account in error. BoA credited my account then sent me a letter about a month later saying the credit would be permanent because the winery agreed to the error)
If you had to pay a break lease fee, the more than likely require that before you move

Thanks, I haven't been able to find anywhere online to dispuse the charge. I'm going to go sign back in and look again.

I don't have to pay a break lease fee but rather pay back a month they originally gave me for free. And I am paying it before I move out, technically. They can't just take it because they happen to have my debit card number though.


Eta: Just looked and when I click dispute a charge it refers me to a phone number.

 

[LotsOfQuestions]

According to your original post, they just charged it a week early. That's not the same thing as stealing. They had permission, they just did it too early.

From what I understand. this is not true.

A company cannot use a credit card on file to charge a fee owed unless there is an authorization for it.

MSMandy gave authorization for a single debit (October's rent). She did not give authorization for any other charges to be debited.

Therefore, it was illegal for the landlord to use the debit card to charge anything she owes without contacting her beforehand to see if this was the method she wanted to use to pay the debt.

As everybody else has said, you need to go to the bank first thing in the morning.

If the landlord is unresponsive, my next step would be to file a police report.

 

[DisneyDmbNut]

They can't just take it because they happen to have my debit card number though.

that MAY not be true..check your lease. Some apartments require the money 10 days before you move out in order to make sure that you don't leave and they never get their money. You need to read the fine print of your lease. There may be a clause about it. Did you give them the number when you signed the lease as a security?

 

[LotsOfQuestions]

that MAY not be true..check your lease. Some apartments require the money 10 days before you move out in order to make sure that you don't leave and they never get their money. You need to read the fine print of your lease. There may be a clause about it. Did you give them the number when you signed the lease as a security?

It doesn't matter when or what the amount is due. She could owe 6 months back rent. The landlord cannot legally use her debit card to collect the money without express authorization.

Unless MSMandy filled out paperwork to authorize monthly debits, the landlord cannot just go charging debit cards just because she owes money.

There has to be authorization to charge the card before any charges can be made.

Company's can't just go grab money out of your account because you owe it and they know your account number.

It is like a credit card company that has your bank account number on file. They can't just go grab money out of your account to pay your bill unless you expressly authorize it. You have to either authorize monthly debits or you have to go in each month and authorize that month's debit.

 

[staley7580]

Hmmm... Odd. I have Bank of America, and they have reversed charges for me before. Right there on the phone. They have even reversed over draft charges for me before.

 

[MainStMandy]

that MAY not be true..check your lease. Some apartments require the money 10 days before you move out in order to make sure that you don't leave and they never get their money. You need to read the fine print of your lease. There may be a clause about it. Did you give them the number when you signed the lease as a security?

Actually my lease states that all rent due must be paid if I move out early. Because of the problems I have been having, plus I think they are charging higher rent than when I moved in, they are letting me out early (very early).

I never gave them the debit card number for anything except October's Rent.

It doesn't matter when or what the amount is due. She could owe 6 months back rent. The landlord cannot legally use her debit card to collect the money without express authorization.

Unless MSMandy filled out paperwork to authorize monthly debits, the landlord cannot just go charging debit cards just because she owes money.

There has to be authorization to charge the card before any charges can be made.

That's what I keep thinking. It's not like they don't know how to get a hold of me...we email all the time, and they have both my work number and cell number.

 

[MainStMandy]

Hmmm... Odd. I have Bank of America, and they have reversed charges for me before. Right there on the phone. They have even reversed over draft charges for me before.

That's why I questioned her...I thought that's what they would do. When I asked about the overdraft fees, she told me to try and collect them from the landlord first. I don't see how it's my job to take care of that. The fees are only there because of the unauthorized charges. She just kept telling me to contact them and if they refuse then to call back BoA

 

[sunnyday123]

From what I understand. this is not true.

A company cannot use a credit card on file to charge a fee owed unless there is an authorization for it.

MSMandy gave authorization for a single debit (October's rent). She did not give authorization for any other charges to be debited.

Therefore, it was illegal for the landlord to use the debit card to charge anything she owes without contacting her beforehand to see if this was the method she wanted to use to pay the debt.

As everybody else has said, you need to go to the bank first thing in the morning.

If the landlord is unresponsive, my next step would be to file a police report.

It's not illegal, it's not fraud. It's an unauthorized charge, and the first thing the bank will ask of her is to attempt to resolve it with the landlord-the "merchant" who charged her. After she files a formal dispute the bank will investigate the charge via the merchant's processing bank.
Like I said before, the merchant can credit the card back for the fees/charge. They won't be "collecting" on anything, even if he writes a check directly to the OP. She would then write a check to the bank for the $. For credit cards however, the merchant has to issue a credit back to the account if they wish to reimburse the customer.

Filing a police report will only earn the OP eye rolls and sighs from the police. It won't be considered fraud because the OP previously did a transaction with the landlord.

 

[sunnyday123]

That's why I questioned her...I thought that's what they would do. When I asked about the overdraft fees, she told me to try and collect them from the landlord first. I don't see how it's my job to take care of that. The fees are only there because of the unauthorized charges. She just kept telling me to contact them and if they refuse then to call back BoA

Consumer responsibility. The consumerhas to make an attempt to resolve the matter.

 

[MainStMandy]

Consumer responsibility. The consumerhas to make an attempt to resolve the matter.

So my landlord can basically do whatever he wants and there are no repercussions???? They charged me something they weren't allowed to, causing not only that money to be taken out of my account but another $200 and I have to deal with it? What happens if they refuse to pay?

 

[C.Ann]

From what I understand. this is not true.

A company cannot use a credit card on file to charge a fee owed unless there is an authorization for it.

MSMandy gave authorization for a single debit (October's rent). She did not give authorization for any other charges to be debited.

Therefore, it was illegal for the landlord to use the debit card to charge anything she owes without contacting her beforehand to see if this was the method she wanted to use to pay the debt.

As everybody else has said, you need to go to the bank first thing in the morning.

If the landlord is unresponsive, my next step would be to file a police report.

It doesn't matter when or what the amount is due. She could owe 6 months back rent. The landlord cannot legally use her debit card to collect the money without express authorization.

Unless MSMandy filled out paperwork to authorize monthly debits, the landlord cannot just go charging debit cards just because she owes money.

There has to be authorization to charge the card before any charges can be made.

Company's can't just go grab money out of your account because you owe it and they know your account number.

It is like a credit card company that has your bank account number on file. They can't just go grab money out of your account to pay your bill unless you expressly authorize it. You have to either authorize monthly debits or you have to go in each month and authorize that month's debit.

-----------------------

I agree with the above.. Using someones debit card without authorization is theft - plain and simple.. It would be no different than some on-line store that has your CC or Debit card number on file charging you for merchandise you never authorized or ordered..

She used the debit card once - for October's rent.. The landlord never had the authorization to use the numbers from her debit card again in November.. Seems pretty cut and dried to me..

 

[sunnyday123]

So my landlord can basically do whatever he wants and there are no repercussions???? They charged me something they weren't allowed to, causing not only that money to be taken out of my account but another $200 and I have to deal with it? What happens if they refuse to pay?

No. Per my previous posts, you can dispute it. It is an unauthorized charge. However, you do have to attempt to work it out with the merchant first. It's not theft, it's not fraud, it's an unauthorized charge. Again, go to your branch in the morning. Call the dispute phone number for debit cards.

 

[MainStMandy]

No. Per my previous posts, you can dispute it. It is an unauthorized charge. However, you do have to attempt to work it out with the merchant first. It's not theft, it's not fraud, it's an unauthorized charge. Again, go to your branch in the morning. Call the dispute phone number for debit cards.

Sorry, I totally disagree. It is theft. They TOOK the money without my authorization or knowledge. That is theft.

 

[Piecey]

It actually cleared. I don't check my account every day because I have rarely been using it...so I thought I knew how much was in the account. They made the charge on the 23rd. I am just surprised they wouldn't do ANYTHING. I have been thinking of changing banks anyway and this is the last straw.

Why would you think they'd do anything? Banks are in it to make money. Yes, they mostly all have "Zero Fraud Liability" if the charge was unauthorized- but when the charge went through, they didn't know it wasn't authorized.

Why would they decline the charge and notify you when they can wait and let the fees rack up because you didn't keep an eye on your account? Why don't you have overdraft protection?

I check all three of our accounts daily and balance them to the penny weekly. They all have more in overdraft protection than we would ever spend in a day, even though we should never need it because I balance them fanatically. Why not protect yourself?

I don't understand what you wanted them to do.

 

[Piecey]

Sorry, I totally disagree. It is theft. They TOOK the money without my authorization or knowledge. That is theft.

That is why you don't use a debit card, which directly debits funds from your account, for things like that. ( I didn't read the whole thread, did you ever sign a form and give him the number?)

I don't even use my debit card at restaurants where I "add" a tip.
Thats what credit cards are for, where MY money to live off of isn't tied up in a mess like this.


(BTW, I work for one of the top 5 banks in our country- I see this crap all the time, it's not theft if you gave him the number unless you signed something saying "I only authorize this much to be charged on this day" with nothing else on the paper, or unless you didn't give him the number at all)

 

[Tink415]

Op - good luck in figuring this out!

I don't use VISA or MC debit cards for our checking account because of a bad experience many years ago where our checking and savings account were wiped out due to fraud. The money was replaced but it took a few days. We've haven't used debit card/ATM cards for purchases ever since.

Recently I got a VISA debit card for an organization I keep the checkbook for. I've had two weird things happen already. I saw a charge I didn't recognize on the bank statement, the visa debit card was used; I didn't recognize the merchant and had no record in my checkbook of the transaction, so I called the bank (Webster) and said it was an unathorized charge. The agent told me to call the merchant and dispute the charge. I said I didn't know who the merchant was, she told me to google the merchant! (btw google didn't find a store with the same name) I was surprised at what the bank rep was telling me, basically I was being told I was on my own to figure out who made this charge and do something to get it reversed. She offered to cancel the card, but I didn't want to automatically do that as it took several hours to get the card (another long story). So I went back a few pages in my checkbook, I had used visa debit 7 weeks earlier at a store and I *assume* that's what the charge was for. I have no idea why the merchant name was changed and why they waited so long to charge the account The 2nd weird thing, I had a restaurant charge $5 less than what I wrote on the receipt; I called the bank, and I was told to go back to the restaurant and give them the $5 if I wanted to, they would do nothing

I really have to read up on the rules for using this VISA debit card! It sure is different than a credit card!

 

[Imzadi]

Actually, it's in Indonesia. Carry on

Ah! It was a while ago. I forgot where it was. Obviously I wasn't the one who used the plane tickets.