Kelly's Story

I am currently dealing with a Washington Mutual customer service nightmare. Since I have an account with their bank, I naturally pay all my bills through snail-mail so that I can receive all the cleared checks and have hard-copies on file. So on August 24 2008 I sat down and wrote a bunch of checks out to my creditors. On September 14 I received a statement from one of my creditors (one that I almost had at 0 balance) with new charges on it for returned check fees (due to a frozen account) and late fee charges. I immediately called the creditor and disputed the charges because my account was never frozen and all the other checks I wrote on that particular day cleared. Since my creditor was adamant about the returned check I called Washington Mutual who assured me that this particular check was never submitted to them therefore was never returned to the creditor, so I called the creditor again. I went back and forth between my creditor and Washington Mutual for about 3 to 4 hours this particular day (which was very stressful due to the fact that I have two young children at home who constantly need my attention). After hours on the phone with both companies I am convinced that my creditor is wrong. Washington mutual is denying ever receiving this particular check and certainly would of never returned it because my account is in good standing.
So here I am ready to do battle with my creditor. On the day of September 24, 2008, I request the creditor send me proof of a returned check (some kind of hard evidence i.e. copy of check). On September 19, 2008 I receive a letter from my creditor stating the facts of what they already told me. Since Washington Mutual is denying what the creditor is stating, and my bank statements don't show any charges for a return check, I am inclined to believe my bank is being truthful.
Another payment is due to my creditor on October 3, 2008 which include the unsubstantiated charges (in my mind, due to the creditors grave error). So I call the creditor and tell them that I am paying the original 16 dollars to bring the account to 0 balance, because I am not responsible for the unsubstantiated charges. I had recently again asked for proof back on September 25 2008 (because a letter from my creditor wasn't concrete proof), and they had so far not produced proof so they were obviously in the wrong. So I make my last payment of 16 dollars and wait for proof from my creditor.
On October 10, 2008 I receive another letter from my creditor reiterating what they say happened, but still no real proof. On October 14, 2008 I receive a statement from my creditors with new charges (late fee charges) because I did not pay what they say was the minimum amount. Now I am really fired up, because I now owe 94 dollars on an account that should be 0 balance. So I am getting prepared to do battle, I have written a letter to my creditor, which I still request proof, I have copies of bank statements confirming the dates they say the account was frozen showing activity. I am really on a role prepared to go to court over this matter. Just then my husband says lets call Washington Mutual and have them provide proof that they never received the check in question. So we are on the phone with the bank, they are still telling us that they never received the check in question and certainly would never return it. When asked if we could get proof we were informed that they just don't do that. So my husband asked to speak to the employee's superior and when he was speaking with the superior they discovered that they may have returned the check in question but couldn't remember the details because it was so long ago (a month) and they don't keep records that far back. The bank never notified me of a returned check (they actually even denied it) there are no charges on my bank statements for a returned check, my account has money in it and has never been frozen. So when we start to realize the bank may be at fault and not my creditor, my husband ask the customer service rep what they intend to do to make amends, she pretty much told them nothing, it wasn't the banks problem. Of course my husband became angry and the phone call ended (due to poor word choices on my husbands part).
After this phone call to Washington Mutual Customer Service Line, I decided to call the bank branch that I had originally opened the account at. The person I spoke with couldn't find submission of the check in question or evidence of any item being returned. She said she would have to research it and get back to me in 48 hours. Meanwhile I know owe my creditor 94 dollars on an account that should be 0 balance. All this time Washington Mutual may be (probably is) at fault and they so far have told us it is not their problem. What do I do now? Is it wrong to ask Washington Mutual to pay the balance? After all it is their mistake that created the balance. HELP ME PLEASE!!!!!!!!!!!!!!
Thanks, Kelly