Please see attached document for the Bank's response. WesbancoJanuary 8, 2018[redacted]...
Cincinnati Revdex.com 1 E. 4th Street, Suite 600 Cincinnati, OH 45202Dear [redacted]:This letter is in response to complaint reference number [redacted], received January 4, 2018. The complainant states that WesBanco Bank, Inc. (the “Bank”) withdrew funds from her savings account, which she holds jointly with her daughter-in-law, to offset a charged-off checking account for her son and daughter-in-law. The complainant would like to receive a refund for the amount withdrawn from her account.As background information concerning this complaint, the complainant holds a savings account jointly with three other individuals. Two of those individuals opened a checking account which the Bank had to charge off with a balance owed the Bank of $623.96. When the complainant opened her savings account, she received a Consumer Deposit Account Agreement which grants the Bank the right to setoff. Specially, the agreement states, “You grant us the right to apply the balance to payment of any debt that any owner of the account owes us, without notice including direct obligations, such as cashed items charged back, promissory notes and agreements (including this one), and indirect obligations, such as guarantees and endorsements. The right of Setoff does not apply to this account if it is an IRA or other tax-deferred retirement account. You understand that we can pay items into overdraft, impose overdraft fees, and apply any later deposits (including direct deposits of Social Security or other government benefits) to those overdraft fees.” This means that if the Bank is owed a debt by an account holder, it may without notice apply the balance of the debt to any account which that account holder holds, which includes accounts that are held jointly with other individuals even if those individuals were not liable for the debt.The Bank has considered the complainant's request and has decided at this time to reverse the setoff that occurred against the complainant's savings account, as it believes that she may not have fully understood the potential that her account could be debited due to obligations of other joint account holders on the account. As her savings is currently a joint account with three other individuals, any of the funds in the account can be withdrawn at any time by any of the other joint accountholders regardless of who made the deposits to the account. Likewise, the funds could be used to setoff any obligations of any of the joint account holders. In order to protect the complainant from similar occurrences in the future, the Bank recommends that she promptly close her current account and open a new account with her as the sole account holder.With the reversal of the $632.96 charge to the complainant’s account, this leaves the Bank still owed these funds. It will now begin the various activities opened to it to pursue collection of these funds. Although the Bank has decided to reverse the offset at this time, this does not prohibit the Bank from exercising its right to setoff in the future. If the complainant's account continues to be held by any individual that owes a debt to the Bank, the Bank can pursue its right to Setoff against the account.Should you have any further questions concerning this matter, please do not hesitate to contact the undersigned at your convenience.Sincerely,Aaron R[redacted] SVP and Chief Compliance Officer
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The bank shows documentation that my payment has been consistently late. My issue with this is that since the alleged missed payment, every payment after that would obviously show up as late due to the fact that I was unaware that there was a payment missing. So, a payment that I made early in the month for November thinking I was making the payment on time or early actually would show as a late payment from the past month to the bank. This went on for YEARs because I received no notice that there was a payment missing. That right there is my issue with this whole mess. I continued making payments each month unaware that they were being considered late due to a missing payment in the past and ended up wracking up about $1500 in late fees. My complaint is, had I been aware of the missing payment via statement or notified by anyone at the bank any time in the past 5 years, I would have been able to figure out what happened and fix it before all those late fees added up. I have a loan with another bank that was part of my bankruptcy too and they have never stopped sending me statements and I have never had these issues with them. Wesbanco is the only one who stopped sending monthly statements. As to setting up automatic payments again, I don't feel confident doing that because that's what started this whole mess. I would rather make a trip to the bank and get a receipt from now on. I have looked into signing a letter re- affirming my mortgage but, was told it was too late because my bankruptcy was final on 2008. I will look back into this.
Regards,
[redacted]
Response attached.WesBancoJanuary 19, 2016[redacted] Cincinnati Revdex.com 1 E. 4" Street, Suite 600 Cincinnati, OH 45202Dear [redacted]:This letter is in response to complaint reference number [redacted], received January 15, 2016. This is the fourth complaint received from the complainant; she continues to express prior complaints in which WesBanco Bank, Inc. (the “Bank”) has already addressed in its past two responses dated September 2, 2015 and October 21, 2015.The Bank has previously provided information regarding the complainants concerns. The Bank has previously provided her with a copy of her transaction history for her to review. If she feels that any of her dates of payment reflected in her transaction history are incorrect, she should provide the Bank with information concerning the specific payment or payments she feels were made timely. She must also provide the Bank with documentation reflecting the date she is claiming the payment was made, such as a copy of the front and back of the cleared check reflecting the date and amount of the payment.In reviewing her recent account history, it has been found that although the complainant timely paid her payments due on September 28, 2015 and October 28, 2015, her payment due on November 28" was not paid until December 11, 2015 and her payment due on December 28" was not paid until January 8", both after the 10 day grace period provided to her. If the complainant would like to ensure avoiding future late payment charges, she should make sure she makes her payment by her payment due date which is the 28" of each month.Any further complaints from the complainant that do not contain new information will not be responded to from the Bank.If I can be of any further assistance in this matter, please let me know.Sincerely,David A. K[redacted]SVP & Chief Compliance OfficerWesBanco Bank, Hnc. 1 Bank Plaza Wheeling, WV 26003-3565 (304) 234-9000
Complaint Response attached.WesBancoOctober 21, 2015[redacted] Cincinnati Revdex.com 1 E. 4" Street, Suite 600 Cincinnati, OH 45202Dear [redacted]:This letter is in response to complaint reference number [redacted], received October 6, 2015. The complainant disagrees with WesBanco Bank, Inc.’s (the “Bank”) response to her original complaint, claiming that she does not have a history of late payments.Beginning in September 2010, the complainant's payment due date changed from the 15" of each month to the 28" of each. The Bank provides the complainant with a grace period of 10 days, after which time a late payment is assessed to the loan. Below is an accounting of all the payments in which the complainant did not make her required monthly loan payment prior tothe payment due date or with the grace period offered by the Bank:# Payment Payment # Payment PaymentDue Date Date Due Date Date1 | 12/15/2008 || 1/22/2009 16 6/28/2014 || 7/11/2014 2 | 12/28/2011 1/13/2012 17 | 7/28/2014 8/8/2014 3 10/28/2012 || 11/9/2012 18 8/28/2014 || 9/19/2014 4 11/28/2012 | 12/14/2012 19 9/28/2014 || 10/17/2014 5 1/28/2013 2/8/2013 20 | 10/28/2014 | 11/17/2014 6 4/28/2013 5/10/2013 21 | 11/28/2014 || 12/26/2014 7 5/28/2013 6/14/2013 22 | 12/28/2014 1/23/2015 8 7/28/2013 8/9/2013 23 1/28/2015 2/20/2015 9 8/28/2013 9/13/2013 24 2/28/2015 3/27/2015 10 | 9/28/2013 || 10/18/2013 25 || 3/28/2015 4/24/2015 11 10/28/2013 || 11/15/2013 26 || 4/28/2015 5/29/2015 12 12/28/2013 || 1/10/2014 27 5/28/2015 6/26/2015 13 || 2/28/2014 3/13/2014 28 6/28/2015 7/31/2015 14 || 3/28/2014 4/11/2014 29 || 7/28/2015 8/10/2015 15 || 4/28/2014 || 5/9/2014WesBanco Bank, inc. 1 Bank Plaza Wheeling, WV 26003-3565 (304) 234-9000[redacted] October 21, 2015 Page 2As you can see, in 2013 the complainant was late in making her monthly payment 8 out of 12 payments, in 2014 she was late in making her monthly payment 10 out of the 12 payments, and in 2015 she has been late 7 out of the 9 monthly payments made year to date. As the complainant has been late in making her monthly mortgage payment 25 out of the past 34 payments, the Bank made the statement that she consistently makes her loan payment past the 10 day grace period.The complainant also states that she made a payment on August 10, 2015 of $3,000 in order to pay her past due July 2015 payment, her coming due August 2015 payment, and make a payment of $750 toward her late fees owed and that the Bank misapplied the payment instead only paying her past due July 2015 payment and applying the remaining funds to her late fees owed. This statement is correct; when the teller preformed this transaction, she should have processed the two payments using two payment tickets but instead only utilized one ticket causing the error. As stated by the complainant, the Bank fully corrected this error. Additionally, the Bank has reinstructed the teller in the proper procedure for handling these irregular transactions.The Bank would like to note that the complainant did make her loan payment due September 28, 2015 prior to her payment due date and would like to encourage her to continue making her payments as such or at least no later than her grace period. As stated in the Bank’s past response, if the complainant would like to set-up automatic payments for her loan, she should contact her nearest WesBanco Banking Center and they would be able to assist her with this. process. Additionally, once the Bank has received her reaffirmation agreement and files it with the bankruptcy court, the Bank could reinstate the mailing of various correspondences to her but until this is done, the Bank is restricted by law the types of correspondence that may be sent toher.If I can be of any further assistance in this matter, please let me know.Sincerely,David A. K[redacted] SVP & Chief Compliance Officer
Please see attached document for the Bank's response. WesbancoJanuary 8, 2018[redacted]...
Cincinnati Revdex.com 1 E. 4th Street, Suite 600 Cincinnati, OH 45202Dear [redacted]:This letter is in response to complaint reference number [redacted], received January 4, 2018. The complainant states that WesBanco Bank, Inc. (the “Bank”) withdrew funds from her savings account, which she holds jointly with her daughter-in-law, to offset a charged-off checking account for her son and daughter-in-law. The complainant would like to receive a refund for the amount withdrawn from her account.As background information concerning this complaint, the complainant holds a savings account jointly with three other individuals. Two of those individuals opened a checking account which the Bank had to charge off with a balance owed the Bank of $623.96. When the complainant opened her savings account, she received a Consumer Deposit Account Agreement which grants the Bank the right to setoff. Specially, the agreement states, “You grant us the right to apply the balance to payment of any debt that any owner of the account owes us, without notice including direct obligations, such as cashed items charged back, promissory notes and agreements (including this one), and indirect obligations, such as guarantees and endorsements. The right of Setoff does not apply to this account if it is an IRA or other tax-deferred retirement account. You understand that we can pay items into overdraft, impose overdraft fees, and apply any later deposits (including direct deposits of Social Security or other government benefits) to those overdraft fees.” This means that if the Bank is owed a debt by an account holder, it may without notice apply the balance of the debt to any account which that account holder holds, which includes accounts that are held jointly with other individuals even if those individuals were not liable for the debt.The Bank has considered the complainant's request and has decided at this time to reverse the setoff that occurred against the complainant's savings account, as it believes that she may not have fully understood the potential that her account could be debited due to obligations of other joint account holders on the account. As her savings is currently a joint account with three other individuals, any of the funds in the account can be withdrawn at any time by any of the other joint accountholders regardless of who made the deposits to the account. Likewise, the funds could be used to setoff any obligations of any of the joint account holders. In order to protect the complainant from similar occurrences in the future, the Bank recommends that she promptly close her current account and open a new account with her as the sole account holder.With the reversal of the $632.96 charge to the complainant’s account, this leaves the Bank still owed these funds. It will now begin the various activities opened to it to pursue collection of these funds. Although the Bank has decided to reverse the offset at this time, this does not prohibit the Bank from exercising its right to setoff in the future. If the complainant's account continues to be held by any individual that owes a debt to the Bank, the Bank can pursue its right to Setoff against the account.Should you have any further questions concerning this matter, please do not hesitate to contact the undersigned at your convenience.Sincerely,Aaron R[redacted] SVP and Chief Compliance Officer
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The bank shows documentation that my payment has been consistently late. My issue with this is that since the alleged missed payment, every payment after that would obviously show up as late due to the fact that I was unaware that there was a payment missing. So, a payment that I made early in the month for November thinking I was making the payment on time or early actually would show as a late payment from the past month to the bank. This went on for YEARs because I received no notice that there was a payment missing. That right there is my issue with this whole mess. I continued making payments each month unaware that they were being considered late due to a missing payment in the past and ended up wracking up about $1500 in late fees. My complaint is, had I been aware of the missing payment via statement or notified by anyone at the bank any time in the past 5 years, I would have been able to figure out what happened and fix it before all those late fees added up. I have a loan with another bank that was part of my bankruptcy too and they have never stopped sending me statements and I have never had these issues with them. Wesbanco is the only one who stopped sending monthly statements. As to setting up automatic payments again, I don't feel confident doing that because that's what started this whole mess. I would rather make a trip to the bank and get a receipt from now on. I have looked into signing a letter re- affirming my mortgage but, was told it was too late because my bankruptcy was final on 2008. I will look back into this.
Regards,
[redacted]
Response attached.WesBancoJanuary 19, 2016[redacted] Cincinnati Revdex.com 1 E. 4" Street, Suite 600 Cincinnati, OH 45202Dear [redacted]:This letter is in response to complaint reference number [redacted], received January 15, 2016. This is the fourth complaint received from the complainant; she continues to express prior complaints in which WesBanco Bank, Inc. (the “Bank”) has already addressed in its past two responses dated September 2, 2015 and October 21, 2015.The Bank has previously provided information regarding the complainants concerns. The Bank has previously provided her with a copy of her transaction history for her to review. If she feels that any of her dates of payment reflected in her transaction history are incorrect, she should provide the Bank with information concerning the specific payment or payments she feels were made timely. She must also provide the Bank with documentation reflecting the date she is claiming the payment was made, such as a copy of the front and back of the cleared check reflecting the date and amount of the payment.In reviewing her recent account history, it has been found that although the complainant timely paid her payments due on September 28, 2015 and October 28, 2015, her payment due on November 28" was not paid until December 11, 2015 and her payment due on December 28" was not paid until January 8", both after the 10 day grace period provided to her. If the complainant would like to ensure avoiding future late payment charges, she should make sure she makes her payment by her payment due date which is the 28" of each month.Any further complaints from the complainant that do not contain new information will not be responded to from the Bank.If I can be of any further assistance in this matter, please let me know.Sincerely,David A. K[redacted]SVP & Chief Compliance OfficerWesBanco Bank, Hnc. 1 Bank Plaza Wheeling, WV 26003-3565 (304) 234-9000
Complaint Response attached.WesBancoOctober 21, 2015[redacted] Cincinnati Revdex.com 1 E. 4" Street, Suite 600 Cincinnati, OH 45202Dear [redacted]:This letter is in response to complaint reference number [redacted], received October 6, 2015. The complainant disagrees with WesBanco Bank, Inc.’s (the “Bank”) response to her original complaint, claiming that she does not have a history of late payments.Beginning in September 2010, the complainant's payment due date changed from the 15" of each month to the 28" of each. The Bank provides the complainant with a grace period of 10 days, after which time a late payment is assessed to the loan. Below is an accounting of all the payments in which the complainant did not make her required monthly loan payment prior tothe payment due date or with the grace period offered by the Bank:# Payment Payment # Payment PaymentDue Date Date Due Date Date1 | 12/15/2008 || 1/22/2009 16 6/28/2014 || 7/11/2014 2 | 12/28/2011 1/13/2012 17 | 7/28/2014 8/8/2014 3 10/28/2012 || 11/9/2012 18 8/28/2014 || 9/19/2014 4 11/28/2012 | 12/14/2012 19 9/28/2014 || 10/17/2014 5 1/28/2013 2/8/2013 20 | 10/28/2014 | 11/17/2014 6 4/28/2013 5/10/2013 21 | 11/28/2014 || 12/26/2014 7 5/28/2013 6/14/2013 22 | 12/28/2014 1/23/2015 8 7/28/2013 8/9/2013 23 1/28/2015 2/20/2015 9 8/28/2013 9/13/2013 24 2/28/2015 3/27/2015 10 | 9/28/2013 || 10/18/2013 25 || 3/28/2015 4/24/2015 11 10/28/2013 || 11/15/2013 26 || 4/28/2015 5/29/2015 12 12/28/2013 || 1/10/2014 27 5/28/2015 6/26/2015 13 || 2/28/2014 3/13/2014 28 6/28/2015 7/31/2015 14 || 3/28/2014 4/11/2014 29 || 7/28/2015 8/10/2015 15 || 4/28/2014 || 5/9/2014WesBanco Bank, inc. 1 Bank Plaza Wheeling, WV 26003-3565 (304) 234-9000[redacted] October 21, 2015 Page 2As you can see, in 2013 the complainant was late in making her monthly payment 8 out of 12 payments, in 2014 she was late in making her monthly payment 10 out of the 12 payments, and in 2015 she has been late 7 out of the 9 monthly payments made year to date. As the complainant has been late in making her monthly mortgage payment 25 out of the past 34 payments, the Bank made the statement that she consistently makes her loan payment past the 10 day grace period.The complainant also states that she made a payment on August 10, 2015 of $3,000 in order to pay her past due July 2015 payment, her coming due August 2015 payment, and make a payment of $750 toward her late fees owed and that the Bank misapplied the payment instead only paying her past due July 2015 payment and applying the remaining funds to her late fees owed. This statement is correct; when the teller preformed this transaction, she should have processed the two payments using two payment tickets but instead only utilized one ticket causing the error. As stated by the complainant, the Bank fully corrected this error. Additionally, the Bank has reinstructed the teller in the proper procedure for handling these irregular transactions.The Bank would like to note that the complainant did make her loan payment due September 28, 2015 prior to her payment due date and would like to encourage her to continue making her payments as such or at least no later than her grace period. As stated in the Bank’s past response, if the complainant would like to set-up automatic payments for her loan, she should contact her nearest WesBanco Banking Center and they would be able to assist her with this. process. Additionally, once the Bank has received her reaffirmation agreement and files it with the bankruptcy court, the Bank could reinstate the mailing of various correspondences to her but until this is done, the Bank is restricted by law the types of correspondence that may be sent toher.If I can be of any further assistance in this matter, please let me know.Sincerely,David A. K[redacted] SVP & Chief Compliance Officer