On March 19, 2009 I noticed three fraudulent charges on my account. I
was notified through my email that I was in overdraft. Since I knew I
had just deposited a check the day before and that I already had money
in my account, I immediately logged on to my account through my phone.
I then discovered that there were three charges at an ATM for $202.25,
$202.25, $102.25 on March 18th that made me go into overdraft. I called
my husband at home to see if he had his card in possession and I checked
my wallet for mine. We both had our cards. He then called WAMU and
reported the fraudulent charges. We were told that we would receive a
temporary refund in the next few days and would receive an affidavit.
This was on a Thursday, so when Monday came and I had not received
anything, I called the fraud department. I was told to wait FIVE
business days. On the 5th day I called again and was told to wait until
midnight of the 5th day. So on the 6th day I called and was told that I
would not receive my money because my claim was denied on the 20th (less
than 24 hours from the day of my claim) due to fact that I still had my
card and my pin number was used. So I protested this by speaking to
manager after manager about what I could do to prove that I did not use
my card and I was at work when the charges happened. They told me they
would not send me the affidavit because my claim was closed and they are
“not sure” why I was told day after day that I would still receive
my money. So after all the back and forth I went into a branch and
spoke to a manager there, who made ANOTHER phone call on my behalf to
the fraud department. After about 40 minutes on the phone with them,
she was able to get them to take “another look” at my claim so I
could provide more information. I called them again and asked what they
needed and I was told “well, what can you supply”. They left me
guessing what to send. Since I work in law enforcement, I immediately
had my superiors write memorandums and affidavits on my behalf that I
was at work and I am held to a certain level of conduct, they even
stated they seen me with my card when we had lunch together (miles from
where the money was taken). I also wrote a sworn affidavit stating that
I did not withdraw this money and nor did I give permission to anyone to
withdraw the money. I had possession of my card the entire time. So I
was told it would be investigated again. I tried to file a police
report to help the case and I was told I could not without anything from
the bank. The bank refuses to provide me with an affidavit, since the
case is closed. They also stated they cannot review cameras because it
is a non WAMU ATM, after my own investigation I found it to be about
10-15 miles from my house at a Barber shop. I then left to go on
vacation with the notion that they were again investigating and
reviewing the ATM machine. So when I come home 5 days later there is
another letter in the mail stating my claim was denied (the very next
day after I spoke to them before my vacation). I again called and was
told because it was near my home and they had my pin then I authorized
it and am responsible for the charges, also no one else reported fraud
from this machine as being a “skimmer”. My claim was also tagged as
a “do not reopen, do not refer, case is closed”. Now at no time has
an investigator called me and I have requested numerous times to speak
to an investigator with no avail. I can only speak to random people
that work the floor. I get mysterious letters from this so called fraud
department, but I am wondering if WAMU even investigates anything, the
letter are from Alex Wilson, whom I can never speak to.
After weeks of wondering what to do next to get my $700.00 back (500.00
withdrawals and 200.00 fees), I kept thinking I cannot be the only
person this has happened to. I reviewed a few sites that had claims
against Washington Mutual, and came across consumeraffairs.com. They
had many stories similar to mine some very similar. There was one that
had the exact same issues, this one seemed as if I wrote it. All the
details were the same including the fact that I also had just received
my new debit card in the mail and it was on my counter to activate it,
when my other one was used just miles from my house. This small detail
didn’t even cross my mind until I read it from someone else. The name
is Thanh, Alahabria, CA on consumeraffais.com. I really do not know
what to do next. I am out money and I am afraid if it happens again
will I have to eat another 500.00.....It also makes me wonder if WAMU is
part of the scam as well. I work in law enforcement and not everyone is
honest so I know good and well people that work in banks are not honest
as well. I really need some guidance as to what I can do next, I cannot
lay down and allow them to have my hard earned money, I do not make that
much and I appreciate all that I have. If anyone can give me guidance
please contact me ASAP.
My response:
Hi Mindi,
Wow, what a story. Given all the card skimming that happens these days
I am not surprised that something like this happened. What I *am*
surprised about is WaMu's refusal to give you the benefit of the
doubt given how much skimming actually goes on these days. Then again,
incompetence rules the roost at WaMu now.
I urge you to press the issue until you get satisfaction. I would file
a complaint with the Federal Reserve which oversees WaMu now.
http://www.federalreserveconsumerhelp.gov/
I would also file a complaint with the BBB.
and the California Department of Consumer Affairs:
http://www.dca.ca.gov/consumer/complaints.shtml
Hopefully all of these entities will help out pressure on WaMu. Next,
I would look at all the local TV stations and newspapers in your area
and see if any of them have a consumer affairs column or correspondent.
Often times when someone from a TV station contacts a company, things
magically happen.
I would also try contacting your local Senator and Congressperson. Write
them a letter. Banks are on everyone's mind in Washington right now and
it just might help.
Lastly, I would continue to press WaMu directly. If the person you are
talking to won't do anything ask for their superior. Keep asking for
superiors.
It would appear that the law is on your side. If you go to this site
http://www.federalreserve.gov/pubs/consumerhdbk/electronic.htm
It describes what your rights are. It appears that if you notify your
bank within two days of the unauthorized charges (you did) you loss is
limited to $50, I believe per withdrawal. You should mention this fact
to the WaMu personnel. If they won't do anything, you should sue them
in small claims court.
I think it is very important to take banks to task when they refuse to do
what they are legally obligated to do, so I think it is important that you
follow up on this in any way that you can.
Please let me know if I can be of any more help, and do let me know what
happens.
Peter