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Question Regarding Check Contains

Business Law discussions

Question Regarding Check Contains

Postby Alvar » Fri May 02, 2014 6:42 am

I recently transferred students loan check at my regional (Sc) department of the big nationwide lender, comprehending that I'd automated funds planned within the next couple of days. They advised me these were putting a hang on the check. I'm an university student, and so constantly balancing my obligations with minimal account balances. Throughout the hold interval, my automated breaks experienced and that I was debited many facility costs. I naively thought these costs could be corrected, and also the deposit could be backdated for the initial day I transferred the funds. The financial institution disagrees, and managed the costs, despite the fact that the deposit was legitimate. I had been instructed check supports were put into order to confirm the resources in the paying establishment, which appears reasonable enough.Hereis the rub: I had been in a position to confirm in the paying establishment the resources were launched the following business day-to my lender (my breaks were all 3-5 days following the original deposit). I subsequently called back once again to question why my resources weren't provided despite the fact that they certainly were within the ownership of my lender. Their account subsequently transformed in the resources having not been confirmed to they have to proceed to put on the resources until a reclamation interval has-been pleased. I then looked up end payment methods on published inspections and discovered that the payee has several privileges when the funds had actually been disbanded, leaving me scratching my head again. I understand check supports are controlled legally, but is that this a legitimate exercise? Additionally, legitimacy aside, is that this an honest training? It appears as though a deceptive exercise made to produce NSF costs from low-stability consumers like myself in the place of any genuine threat-mitigation exercise for that lender. Keep in my own brain, I'm not referring to check keeps generally, just the exercise of continuing to put on resources which have been confirmed. I'm interested if I'm on strong floor stating this, or if I'm missing anything legitimate. I'm also interested easily have any option in my own scenario. Thanks beforehand for any thoughts/advice.
Alvar
 
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Joined: Mon Jan 20, 2014 4:32 am
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Question Regarding Check Holds

Postby bernie » Fri May 09, 2014 4:38 pm

First of all, thanks for your response.
I understand the reason why my check was held, and as far as the fees go, I guess I am learning my lesson the hard way.
I'm not quite sure you addressed the fundamental element of the situation.
In this case, the check was verified by the paying institution, and they released the funds to my bank the next business day.
I have independently verified this.
This is a typical turnaround time in the era of ACH processing.
However, the bank continued to hold the funds for 5 days after they were disbursed.
They knew the check was in fact good and continued to hold the funds.
Check hold periods haven't been addressed by congress since 1990, even though the CHECK 21 act (2004) has totally restructured the way checks are processed in the digital age.
My question was two fold: is it legal for banks to hold funds that have in fact been verified by the paying institution, and, if it is legal, is it an ethical practice? As I mentioned before, it seems predatory.
Even if the fees were in fact legal, that doesn't make it just.
Banks don't need to cheat customers illicitly when they have influence enough to have the laws written in a manner that makes it standard practice.
I am rudimentally familiar with the nigerian bank scheme, but I don't see how it applies to this situation.
I am not challenging the practice of holding checks in general, only the practice of continuing to hold verified funds by taking advantage of obsolete legislation.
bernie
 
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Joined: Wed May 22, 2013 6:22 pm
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Question Regarding Check Holds

Postby Joen » Wed May 14, 2014 11:11 pm

The hold is actually to your advantage regardless of what you think.
Joen
 
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Joined: Mon Mar 03, 2014 4:04 am
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Question Regarding Check Holds

Postby Hyun-Su » Fri May 16, 2014 9:22 pm

Welcome to the world of organized crime (banks). They are resorting to such methods because it earns them interest - not releasing the funds for consumer use, and collecting billions in fees.
Hyun-Su
 
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Joined: Mon Jan 13, 2014 5:46 am
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Question Regarding Check Holds

Postby Keilah » Tue May 27, 2014 4:07 pm

You had been recommended that the store could be positioned on the resources. You understood you'd automated bill-paying planned. It had been your obligation to alter these. The financial institution wouldn't result in any nsf costs you sustained. Based on regulation, banks can only just delay so-long prior to making the $$ open to you. Simply because you obtained the resources doesn't imply the check was great. Most are delivered thru the bank stations simply because they aren't.Have you heard of the nigerian scams? You may wish to google it. Inspections are transferred for a large number of $$. The store is ultimately launched and also the depositer retains some and directs the total amount of it onto others from the nation. 2-3 weeks later the depositer is informed they owe a lot of money-back towards the bank.
Keilah
 
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Joined: Thu Jan 30, 2014 9:49 pm
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