Rob Gardiner
Senior HTF Member
- Joined
- Feb 15, 2002
- Messages
- 2,950
Hi everybody,
I am a recent victim of some erroneous charges to my debit card. This situation has cost me quite a bit of money. I have put an end to the root problem, and now I'm trying to recover as much of my lost money as possible. I know there are several folks on this board who are familiar with various aspects of the law, and I would appreciate any friendly advice you may have that could help me out.
Several months ago, I signed up for a free membership at an audio book website (like books-on-tape, except they are downloadable MP3s). The deal is: you sign up (providing all necessary billing info), take your 2 free books, cancel your membership before 30 days, and owe nothing. I cancelled my membership on the 29th day -- or, at least, I belived I did.
My first mistake was giving out my debit card number for something other than an actual purchase -- I know not to do that again.
My second mistake was not keeping a close eye on my bank statements. I usually give them a quick once-over to see if there is anything out of the ordinary, but I never bothered to scrutinize it closely because I always relied on my (otherwise accurate) register, with a record of all my transactions.
For the last three months, I have been billed $21.95/month membership fee at this audio book website. This has caused a "chain reaction" of overdraft charges. When my account goes overdraft, the bank sends me a postcard via snail mail which takes several days to arrive. During that time, I've used my debit card several times for my morning coffee, a sandwich at lunchtime, grocery shopping, movie tickets, etc. Each of these transactions is also overdraft, and each one comes with a $34 overdraft fee.
Today, I discovered the problem and called the website's customer service. They did not argue with me in any way, and they refunded the full amount of the erroneous charges themselves -- $65.85. I mentioned the overdraft situation, and was told to call back on Monday morning when a supervisor would be present -- I may be able to talk them into refunding some of the bank fees that were a result of their erroneous charges. I then went to my bank, explained the situation, and got a small portion of the overdraft fees reversed.
When I call the website back on Monday morning, I fully intend to use the flies/honey/vinegar approach. I will politely ask that they refund some of the bank fees that are the indirect result of their erroneous charges. HOWEVER, I'd like to know if I have any standing to "lean on them" a little bit -- if there is some consumer protection law that protects me, or makes them liable for any portion of my losses. If there is anything I can say to them that would give me leverage in this situation, and that would convince them to refund some of the bank fees, I would appreciate any advice anyone can give me.
I've already learned my lesson(s) about being careful to whom I give out my debit card number, and about keeping a close eye on my bank statements on a regular basis, so this will never happen again. Phases 1 and 2 of my recovery have gone well so far, and if anyone can help me with the 3rd and final phase, I would be very grateful.
Many thanks
-Rob
I am a recent victim of some erroneous charges to my debit card. This situation has cost me quite a bit of money. I have put an end to the root problem, and now I'm trying to recover as much of my lost money as possible. I know there are several folks on this board who are familiar with various aspects of the law, and I would appreciate any friendly advice you may have that could help me out.
Several months ago, I signed up for a free membership at an audio book website (like books-on-tape, except they are downloadable MP3s). The deal is: you sign up (providing all necessary billing info), take your 2 free books, cancel your membership before 30 days, and owe nothing. I cancelled my membership on the 29th day -- or, at least, I belived I did.
My first mistake was giving out my debit card number for something other than an actual purchase -- I know not to do that again.
My second mistake was not keeping a close eye on my bank statements. I usually give them a quick once-over to see if there is anything out of the ordinary, but I never bothered to scrutinize it closely because I always relied on my (otherwise accurate) register, with a record of all my transactions.
For the last three months, I have been billed $21.95/month membership fee at this audio book website. This has caused a "chain reaction" of overdraft charges. When my account goes overdraft, the bank sends me a postcard via snail mail which takes several days to arrive. During that time, I've used my debit card several times for my morning coffee, a sandwich at lunchtime, grocery shopping, movie tickets, etc. Each of these transactions is also overdraft, and each one comes with a $34 overdraft fee.
Today, I discovered the problem and called the website's customer service. They did not argue with me in any way, and they refunded the full amount of the erroneous charges themselves -- $65.85. I mentioned the overdraft situation, and was told to call back on Monday morning when a supervisor would be present -- I may be able to talk them into refunding some of the bank fees that were a result of their erroneous charges. I then went to my bank, explained the situation, and got a small portion of the overdraft fees reversed.
When I call the website back on Monday morning, I fully intend to use the flies/honey/vinegar approach. I will politely ask that they refund some of the bank fees that are the indirect result of their erroneous charges. HOWEVER, I'd like to know if I have any standing to "lean on them" a little bit -- if there is some consumer protection law that protects me, or makes them liable for any portion of my losses. If there is anything I can say to them that would give me leverage in this situation, and that would convince them to refund some of the bank fees, I would appreciate any advice anyone can give me.
I've already learned my lesson(s) about being careful to whom I give out my debit card number, and about keeping a close eye on my bank statements on a regular basis, so this will never happen again. Phases 1 and 2 of my recovery have gone well so far, and if anyone can help me with the 3rd and final phase, I would be very grateful.
Many thanks
-Rob