- Report: #132706
Complaint Review: NETBANK - Nationwide
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NETBANK
Royal Centre Three, Suite 100, 11475 Great Oaks Way Nationwide, U.S.A.
Phone:
888-256-6932
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NETBANK bad business practice Alpharetta Georgia
*UPDATE EX-employee responds: Sorry
*Author of original report: For The Record Here
*Consumer Comment: I Like That Logic
*UPDATE EX-employee responds: If... I understand your 4 points
*UPDATE EX-employee responds: If... I understand your 4 points
*UPDATE EX-employee responds: If... I understand your 4 points
*Author of original report: ALL THE COSTS AND FEES PAID
I issued a NetBank personal check to pay a traffic ticket in Hillsborough County Florida. Few weeks later, I get a letter from the clerks office telling me they had the check returned due to "unable to locate." In another words, my account which is active and sufficient funds to clear the $118 check can not be found. $48 in charges was added to the $118 ticket and if I do not come up with that additional funds, the State of Florida will suspend my drivers license. When the State of Florida suspends my drivers license, there will be another additional fee of $45 to reinstate it.
I contacted Netbank and told them first via e-mail and then a follow up phone call for the above referenced. I demanded that they debit my checking account for $118.00 and them eat the $48.00 in additional fees with a letter of apologie to the Clerks Office eliminating myself as having anything to do with this ordeal. I further demanded that they overnight this certified check to the Clerks Office and I provided them that address.
Their position on this was that they had never received the check in question and that the Federal Reserve returned my check. The check itself is not posted on my account nor is the $118.00 debited from my account either. Additionally, I have faxed a copy of the check front to Netbank.
In reply, they now want a clear copy of the back of the check which I am effectively mailing out Friday February 25, 2005. My position is that the back of the check is a moot point since they verified they never had gotten it to begin with but I am still effectively mailing a copy of the check out Friday February 25, 2005.
Netbank (as I forsee in my crystal ball) is going to take the position that it is not their fault since they never receieved the check and are going to try to pass the buck (literally) to the Federal Reserve.
Since Netbank is in Georgia they should receieve from Florida the copy of the back of this check by Monday and they will tell me Monday or Tuesday "It's not our fault."
If Netbank chooses to take the position "It's not our fault" it is going to result in lititation. Not maybe, not possibly but certainly. They can chose to add the Federal Reserve as a Third Party Defendant if they so chose.
The bottom line facts are undisputed:
No. 1: The check issued for payment of this traffic ticket was a check issued to me for use with my checking account by Netbank themselves.
No. 2: Sufficent and Available funds were/are available at the time the check was issued and deposited by them.
No. 3: If the additional fees are not paid, my license will be suspended and subject to arrest for driving while license suspended.
Phil
LARGO, Florida
U.S.A.
I contacted Netbank and told them first via e-mail and then a follow up phone call for the above referenced. I demanded that they debit my checking account for $118.00 and them eat the $48.00 in additional fees with a letter of apologie to the Clerks Office eliminating myself as having anything to do with this ordeal. I further demanded that they overnight this certified check to the Clerks Office and I provided them that address.
Their position on this was that they had never received the check in question and that the Federal Reserve returned my check. The check itself is not posted on my account nor is the $118.00 debited from my account either. Additionally, I have faxed a copy of the check front to Netbank.
In reply, they now want a clear copy of the back of the check which I am effectively mailing out Friday February 25, 2005. My position is that the back of the check is a moot point since they verified they never had gotten it to begin with but I am still effectively mailing a copy of the check out Friday February 25, 2005.
Netbank (as I forsee in my crystal ball) is going to take the position that it is not their fault since they never receieved the check and are going to try to pass the buck (literally) to the Federal Reserve.
Since Netbank is in Georgia they should receieve from Florida the copy of the back of this check by Monday and they will tell me Monday or Tuesday "It's not our fault."
If Netbank chooses to take the position "It's not our fault" it is going to result in lititation. Not maybe, not possibly but certainly. They can chose to add the Federal Reserve as a Third Party Defendant if they so chose.
The bottom line facts are undisputed:
No. 1: The check issued for payment of this traffic ticket was a check issued to me for use with my checking account by Netbank themselves.
No. 2: Sufficent and Available funds were/are available at the time the check was issued and deposited by them.
No. 3: If the additional fees are not paid, my license will be suspended and subject to arrest for driving while license suspended.
Phil
LARGO, Florida
U.S.A.
7 Updates & Rebuttals
Phil
LARGO,Florida,
U.S.A.
ALL THE COSTS AND FEES PAID
#2Author of original report
Sat, June 11, 2005
NETBANK HAS PAID ALL THE COSTS AND FEES ASSOCIATED WITH THIS PROBLEM. THANK YOU NETBANK.
S
Kennesaw,Georgia,
U.S.A.
If... I understand your 4 points
#3UPDATE EX-employee responds
Fri, February 25, 2005
I understand your 4 points, and they are valid. However, NetBank could only be responsible if you were issued DEFECTIVE checks. Even then, the liability may shift to the check printing company. Now, lets take your dryer example: If I load the dryer with clothes that safe for the dryer and the dryer malfunctioned, then yes the manufaturer is liable. However, if I put clothes in there that are labeled dryer safe and they were defective causing the fire, then the clothes manufaturer is liable. If I put something in there that should not have, then I'm liable. If the check was not defective and mishandled by the Federal Reserve, then the Fed is responsible. If the check was defective (unlikely since is probably not the first check you have written) then NetBank is liable (and they will recover from their manufacturer). Would NetBank be liable if you wrote a check to a store and the check was stolen before it was cashed? No... The store would be. Would NetBank be liable for late fees if you mailed a check for a bill and it was stolen in the mail? No. Things happen in the Postal System. (But, yes they would be responsible for paying an altered/forged item... but not your fees.) Your battle is with the Fed. They misrouted the check. Yes, your assumptions about service are valid and mine would be the same. But this isn't how the banking system actually works. You'll find the bank is protected by law. I still think you'd be more successful having a bank document what happened for you and asking for a waiver of those fees. Don't do anything to jeopardize your driving priveleges. That should be more important to you right now. Get that taken care of and then start your crusade to get reimbursed for your 'damages.' You're going to wind up going after the Fed. You wont get anything from NetBank... been there, done that.
S
Kennesaw,Georgia,
U.S.A.
If... I understand your 4 points
#4UPDATE EX-employee responds
Fri, February 25, 2005
I understand your 4 points, and they are valid. However, NetBank could only be responsible if you were issued DEFECTIVE checks. Even then, the liability may shift to the check printing company. Now, lets take your dryer example: If I load the dryer with clothes that safe for the dryer and the dryer malfunctioned, then yes the manufaturer is liable. However, if I put clothes in there that are labeled dryer safe and they were defective causing the fire, then the clothes manufaturer is liable. If I put something in there that should not have, then I'm liable. If the check was not defective and mishandled by the Federal Reserve, then the Fed is responsible. If the check was defective (unlikely since is probably not the first check you have written) then NetBank is liable (and they will recover from their manufacturer). Would NetBank be liable if you wrote a check to a store and the check was stolen before it was cashed? No... The store would be. Would NetBank be liable for late fees if you mailed a check for a bill and it was stolen in the mail? No. Things happen in the Postal System. (But, yes they would be responsible for paying an altered/forged item... but not your fees.) Your battle is with the Fed. They misrouted the check. Yes, your assumptions about service are valid and mine would be the same. But this isn't how the banking system actually works. You'll find the bank is protected by law. I still think you'd be more successful having a bank document what happened for you and asking for a waiver of those fees. Don't do anything to jeopardize your driving priveleges. That should be more important to you right now. Get that taken care of and then start your crusade to get reimbursed for your 'damages.' You're going to wind up going after the Fed. You wont get anything from NetBank... been there, done that.
S
Kennesaw,Georgia,
U.S.A.
If... I understand your 4 points
#5UPDATE EX-employee responds
Fri, February 25, 2005
I understand your 4 points, and they are valid. However, NetBank could only be responsible if you were issued DEFECTIVE checks. Even then, the liability may shift to the check printing company. Now, lets take your dryer example: If I load the dryer with clothes that safe for the dryer and the dryer malfunctioned, then yes the manufaturer is liable. However, if I put clothes in there that are labeled dryer safe and they were defective causing the fire, then the clothes manufaturer is liable. If I put something in there that should not have, then I'm liable. If the check was not defective and mishandled by the Federal Reserve, then the Fed is responsible. If the check was defective (unlikely since is probably not the first check you have written) then NetBank is liable (and they will recover from their manufacturer). Would NetBank be liable if you wrote a check to a store and the check was stolen before it was cashed? No... The store would be. Would NetBank be liable for late fees if you mailed a check for a bill and it was stolen in the mail? No. Things happen in the Postal System. (But, yes they would be responsible for paying an altered/forged item... but not your fees.) Your battle is with the Fed. They misrouted the check. Yes, your assumptions about service are valid and mine would be the same. But this isn't how the banking system actually works. You'll find the bank is protected by law. I still think you'd be more successful having a bank document what happened for you and asking for a waiver of those fees. Don't do anything to jeopardize your driving priveleges. That should be more important to you right now. Get that taken care of and then start your crusade to get reimbursed for your 'damages.' You're going to wind up going after the Fed. You wont get anything from NetBank... been there, done that.
Cory
San Antonio,Texas,
U.S.A.
I Like That Logic
#6Consumer Comment
Fri, February 25, 2005
Netbank agrees to pay all checks drawn on it's customer's accounts AND presented to it. If they didn't get the check to process or bounce, they can hardly be liable. As much as I dislike banks. You might have found a flaw in the new Check 21 system, it sounds like they are still working out some bugs. Good luck and let us know how it pans out.
Phil
LARGO,Florida,
U.S.A.
For The Record Here
#7Author of original report
Fri, February 25, 2005
No. 1: Netbank has a legal duty to issue checks that are to be used for legal funds transfers to pay a debt. Netbank has a legal duty to issue checks for use by me that are generally accepted by Federal Reserve Guidelines. No. 2: I as the customer, have the legal-presumption that if I write a check, issued by my banking establishment and sufficient funds are available, payment shall be made by my bank. No. 3: In the event that the legal transfer of funds is interrupted, for what-ever reason, NetBank assumes it's own liability as in the case of my current problem. No. 4: My legal injury is that of additional costs and loss of driving privilege. Your basis for Netbank has no accountability for this matter is incorrect. Liability arrises whether or not actual negligence is present or not. For instance, you buy a clothes drier, you put your clothes in it and leave the house. You come home and the house is tourched. The Fire Marshall determines that the fire originated at the drier. Well all parts are melted so how do you sue the drier manufacturer for the defect? You bought the drier and as implied it would not catch fire and burn down your house; it did not work as intended therefore it is defective. The drier did not work as intended, just like my check to pay a traffic ticket did not. So Netbank can do the right thing here and pay the $48 in additional fee's that are now owed and overnight that certified check to the clerks office or they can pay an attorney to handle a small claims action in court.
Scott
Kennesaw,Georgia,
U.S.A.
Sorry
#8UPDATE EX-employee responds
Fri, February 25, 2005
As much as I would LOVE to help you with this, you're out of luck. If the check was misrouted by the Federal Reserve, NetBank's hands are clean. How can they decide to pay/decline a check they didn't get? If I mail you a check and the post office gives it to your neighbor, is that good enough for you? Nope. Same thing. If you have the original check, obviously keep it for your records but make sure the copy is crystal clear and send to NetBank. The encoding on copies can be very bad; even sometimes on the original. You could take it directly to a local bank, ask a teller to decrypt the numbers on the back and explain to you what happened. If you ask NICELY they might even draft a letter for you explaining exactly the path of the check. If you take this to the court with the check, and pay them CASH on the spot, they may waive the additional fees for you.
