Mountain West Bank of ID and WA

In response to Mr [redacted] complaint, we represent that Mr [redacted] was charged an overdraft fee after a merchant where Mr [redacted] shops credited his account in error Mr [redacted] spent the amount credited to his account by the merchant, and when the credit was rightfully and legally taken back by the merchant, the account was left in overdraft status We are not aware that Mr [redacted] made any attempt to account for the excess funds in his account prior to spending these funds It is always advisable to track and understand an account balance and to report to the bank any unidentified credits or debits to an account Mr [redacted] has discussed these issues with branch personnel and is aware of this situation The Bank did not commit an error in this instance Russ P***, CEO Mountain West Bank

In response to Mr. [redacted] complaint, we represent that Mr. [redacted] was charged an overdraft fee after a merchant where Mr. [redacted] shops credited his account in error.  Mr. [redacted] spent the amount credited to his account by the merchant, and when the credit was rightfully and legally taken back by...

the merchant, the account was left in overdraft status.  We are not aware that Mr. [redacted] made any attempt to account for the excess funds in his account prior to spending these funds.  It is always advisable to track and understand an account balance and to report to the bank any unidentified credits or debits to an account. 
 
Mr. [redacted] has discussed these issues with branch personnel and is aware of this situation.  The Bank did not commit an error in this instance.
 
 
Russ P[redacted], CEO
Mountain West Bank

Review: I had some place take money out of my account that was not authorized to take money out. So it was returned and we got a return item fees. and then they continued to try to take it out over and over again. and we kept getting charged fees until my account is so over drawn that I can't pay it back I let the bank know that it was unauthorized but they kept letting them try and charging me feesDesired Settlement: I would like them to get my account back to a zero balance and then get me a new checking account number so they can't try to take anymore money out of my account.

Business

Response:

Good afternoon,

Re: Case 95499853

Dear Mr. [redacted];

I am responding to the above referenced complaint.

Mr. [redacted] was not specific in his complaint as to which entity was taking money out of his account without authorization. He referred to it as “some place” in his complaint, so we are not clear as to what entity was allegedly taking money from his account without authorization. Mr. [redacted]’s complaint to your organization is the first we have been informed that funds were being taken from his account without authorization. However, the facts are that Mr. [redacted] has had excessive use of Pay Day loan organizations which have been presenting debits to his account regularly. We arc not privy to, nor responsible for contractual obligations made outside of the Bank by Mr. [redacted] with these organizations. If these debits were in accordance with his agreements with them, we would be unable to prevent them from occurring. Mr. [redacted] would be responsible to work out any alterations to his agreements with those companies because the Bank is not a party to those contractual agreements.

Mr. [redacted] had insufficient funds in his account for these debits, so they were returned and he was charged the a returned item fee per our disclosure of fees he received when he opened the account. Additionally, when he opened the account, he did not respond to his choices to Opt In or Opt Out under Regulation E provisions, so he was automatically Opted Out as required. Therefore, debit transactions presented against an account that had insufficient funds would be automatically returned.

Mr. [redacted] was sent numerous letters and notices regarding his overdrawn account, to which there were no responses. Finally, Mr. [redacted] contacted our customer service center via email on 04-10-13 and asked that we not close his account. We do not show that he made any mention of having debits presented to his account that were unauthorized, nor did he file any disputes on these transactions. He was advised to contact our collections department and have them work out any reasonable payment plans to cure the overdraft situation. Mr. [redacted] did not contact the collection department as advised and has made no other attempts to return our calls or messages.Mr. [redacted] asked in his complaint for us to get him a new checking account number. The only way this can be done is to close the account and open a new one.

Finally, we have already reversed $119.55 in fees for Mr. [redacted]. He is obligated to pay the balance owed. He can contact our collections department at ###-###-#### or ###-###-#### to work out a reasonable payment plan.

If you have any questions, please do not hesitate to contact me.

Sincerely

[redacted] CEO

Consumer

Response:

[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]

I have reviewed the response made by the business in reference to complaint ID 9549853, and find that this resolution is satisfactory to me.

Regards,