Legal Question in Credit and Debt Law in Georgia
I sent a check for an application fee in july 2011 and they charged the money to my account. Now they charged me the same check again. I would like to know what l can do cause it happened to my wife also and she has over draft fee due to that. Thanks
3 Answers from Attorneys
Assuming the fee was a mistake and a duplicate charge, what happened when you contacted the people who did the double dip and your bank. Important information you left out.
Call your bank and it should be very easy to fix
You don't indicate what this was for or what action you took to dispute this. Assuming the facts are indeed as you related, then I would get a copy of the check and get an answer from your bank as to why they paid the same check twice. If it was the bank's fault, then they should reimburse you for not only the value of the check but for all the overdraft fees.
If this was not the bank's fault, I would want to know why the same exact check was presented twice and how this could occur. Again, I would get a copy of the check and I would write to the company, preferably to someone in charge. Send it via certified mail and ask for a response in 30 days from the date of the letter. I would ask for reimbursement for the duplicate payment and any overdraft charges connected therewith. I would provide them with copies of your bank statement showing the double debit for the same item and all the charges for bounced check fees.
If you would have bounced checks anyway, it may be hard to argue, but try. If you still do not get any response within the time period, then go and see a lawyer, allow him/her to review the documentation and see if the attorney can send a letter on your behalf.
As a practical matter, this would be the last check that I wrote for an application fee and I would pay the fee by either a money order or a credit card (not a debit card) in the future so that this company cannot double dip. However, you may want to rethink doing business with a company like this if this is how they act and if they refuse to rectify the problem.
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