How quick to pull the trigger on a CFPB?
Jul 13, 2016, 12:20 pm
#1
Original Poster
Join Date: May 2015
Posts: 1,066
How quick to pull the trigger on a CFPB?
Alas, getting the runaround from a bank. Likely due to deposits and withdrawals. Directing me to one particular person that is not responding to all of the left voice mails. How long should I wait until I just go ahead and file a CFPB to get them to do something?
Jul 13, 2016, 1:08 pm
#2
Join Date: Jun 2004
Location: IAD
Programs: All of them to one degree or another
Posts: 447
Probably best to handle any type of dispute related business in writing. Leaving voicemail is not going to cut it (as you have seen).
First via e-mail, and then escalate to registered mail. Signature proof that they have your correspondence. It makes it very difficult for them to then ignore you.
Voicemails are surprisingly easy to ignore and simply claim they were never received; and you have no proof to the contrary.
First via e-mail, and then escalate to registered mail. Signature proof that they have your correspondence. It makes it very difficult for them to then ignore you.
Voicemails are surprisingly easy to ignore and simply claim they were never received; and you have no proof to the contrary.
Jul 13, 2016, 6:38 pm
#3
Join Date: Oct 2015
Location: HNL
Posts: 148
details? i don't know how anyone could give you much advice on this with the little info you gave. Also, you're posting in manufactured spend, so...?
if it has to do with citigold, just do it. if it's something else, probably still just do it. or at least see if there are other similar complaints on the cfpb site. But still, what's the issue??
if it has to do with citigold, just do it. if it's something else, probably still just do it. or at least see if there are other similar complaints on the cfpb site. But still, what's the issue??
Jul 13, 2016, 7:05 pm
#4
Join Date: Nov 2015
Posts: 84
I'll usually make a good faith attempt to contact the entity and resolve the issue. If they ignore 2-3 calls/voicemails or 1-2 letters I go nuclear. That includes CFPB, FDIC, OCC, Federal Reserve, our attorney, state attorney general, state division of finance, etc.
Jul 16, 2016, 12:10 pm
#6
Join Date: Jul 2009
Posts: 721
Get them to state a timetable. Then there are two situations to involve the regulators.
1. Right away, if the timetable is unreasonable, or
2. If/when they fail the timetable.
If you can't even get them to communicate, yes, contact the regulators because CFPB etc will force the communication.
1. Right away, if the timetable is unreasonable, or
2. If/when they fail the timetable.
If you can't even get them to communicate, yes, contact the regulators because CFPB etc will force the communication.
Jul 17, 2016, 12:12 am
#7
Join Date: Feb 2012
Location: Los Angles
Posts: 2,101
I'll usually make a good faith attempt to contact the entity and resolve the issue. If they ignore 2-3 calls/voicemails or 1-2 letters I go nuclear. That includes CFPB, FDIC, OCC, Federal Reserve, our attorney, state attorney general, state division of finance, etc.
Jul 17, 2016, 12:33 am
#8
Join Date: Nov 2015
Posts: 84
If all those fail, yes. Right now I am dealing with a bank who ignored my good faith contacts, ADMITTED to breaking the law (in writing) after the governmental entities got involved, promised to refund me just under 10k (not counting damages), and then stopped communicating. Legal counsel sent a letter (cost me $175 that the bank now owes me) and they are still playing dead.
Gonna file in County Civil since its too high for small claims. I actually prefer County Civil and Circuit Court because the traditional rules of evidence apply and I can properly conduct discovery, etc. Sure, it's very tricky if you've never gone through the process but if you've sued/been sued a handful of times and do a bit of reading about the civil rules of procedure you'll be fine.
This case should be a slam dunk for the money they are holding hostage and actual damages. The only place where there is some room for discretion is in the punitive damages I'm going to ask for. I'm being very reasonable in asking for what is considered the minimum of $1,000 in punitive and not treble damages or any such nonsense.
I will say try to avoid court if you can especially if you've never gone through the process. You don't want to look like an unprepared, borderline vexatious litigant.
Gonna file in County Civil since its too high for small claims. I actually prefer County Civil and Circuit Court because the traditional rules of evidence apply and I can properly conduct discovery, etc. Sure, it's very tricky if you've never gone through the process but if you've sued/been sued a handful of times and do a bit of reading about the civil rules of procedure you'll be fine.
This case should be a slam dunk for the money they are holding hostage and actual damages. The only place where there is some room for discretion is in the punitive damages I'm going to ask for. I'm being very reasonable in asking for what is considered the minimum of $1,000 in punitive and not treble damages or any such nonsense.
I will say try to avoid court if you can especially if you've never gone through the process. You don't want to look like an unprepared, borderline vexatious litigant.
Jul 18, 2016, 5:16 pm
#10
Join Date: Feb 2012
Location: Los Angles
Posts: 2,101
If all those fail, yes. Right now I am dealing with a bank who ignored my good faith contacts, ADMITTED to breaking the law (in writing) after the governmental entities got involved, promised to refund me just under 10k (not counting damages), and then stopped communicating. Legal counsel sent a letter (cost me $175 that the bank now owes me) and they are still playing dead.
Gonna file in County Civil since its too high for small claims. I actually prefer County Civil and Circuit Court because the traditional rules of evidence apply and I can properly conduct discovery, etc. Sure, it's very tricky if you've never gone through the process but if you've sued/been sued a handful of times and do a bit of reading about the civil rules of procedure you'll be fine.
This case should be a slam dunk for the money they are holding hostage and actual damages. The only place where there is some room for discretion is in the punitive damages I'm going to ask for. I'm being very reasonable in asking for what is considered the minimum of $1,000 in punitive and not treble damages or any such nonsense.
I will say try to avoid court if you can especially if you've never gone through the process. You don't want to look like an unprepared, borderline vexatious litigant.
Gonna file in County Civil since its too high for small claims. I actually prefer County Civil and Circuit Court because the traditional rules of evidence apply and I can properly conduct discovery, etc. Sure, it's very tricky if you've never gone through the process but if you've sued/been sued a handful of times and do a bit of reading about the civil rules of procedure you'll be fine.
This case should be a slam dunk for the money they are holding hostage and actual damages. The only place where there is some room for discretion is in the punitive damages I'm going to ask for. I'm being very reasonable in asking for what is considered the minimum of $1,000 in punitive and not treble damages or any such nonsense.
I will say try to avoid court if you can especially if you've never gone through the process. You don't want to look like an unprepared, borderline vexatious litigant.
recovered about 50%
in CA the small claims limit is 10K
can I add cost and damages/punitive?
primary motivation is to move my file from CS to legal dept to discuss.
Jul 21, 2016, 9:39 am
#11
Join Date: Sep 2014
Posts: 1,837
Jul 25, 2016, 8:08 pm
#12
Original Poster
Join Date: May 2015
Posts: 1,066
Just a quick update... I thought this was resolved. Was expecting a check in the mail. Did not receive that yet. Now I received a letter from the bank saying that they will be closing the account and "may" report the reason for closing to credit reporting agency which may affect ability to open accounts in the future. Obviously going to call them, but not sure what the best strategy is moving forward.
In case anyone was wondering all deposits were used to pay off credit card so its entirely legitimate and am even irked that a bank won't support this. I'd prefer not start filling a bunch of complaints (CFPB, BBB, etc.) until I'm sure of what is/has happened. Don't want to ruffle any feathers if all that's going to happen is a shutdown.
In case anyone was wondering all deposits were used to pay off credit card so its entirely legitimate and am even irked that a bank won't support this. I'd prefer not start filling a bunch of complaints (CFPB, BBB, etc.) until I'm sure of what is/has happened. Don't want to ruffle any feathers if all that's going to happen is a shutdown.
Jul 29, 2016, 10:15 am
#14
Original Poster
Join Date: May 2015
Posts: 1,066
Really don't care if the account is closed. That is going to happen. What I do care about is getting the money in a timely fashion and no Chex remarks. Already starting to think gameplan if for some reason they do put negative remark. Thinking some combination of complaints and lawsuit in small claims court. Honestly if they just do the right thing I would not have any sort of response.
Jul 29, 2016, 11:47 am
#15
Join Date: Jul 2009
Posts: 721
I recommend you file a dispute with FDIC. You'll explain via their dispute form what happened. Just write down the sequence of events in date order.
You'll get your check quicker. And they can't retaliate against people who file a dispute. On the contrary they'll have to answer to them (and you'll get a copy of their answer).
You'll get your check quicker. And they can't retaliate against people who file a dispute. On the contrary they'll have to answer to them (and you'll get a copy of their answer).