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Financial problems with bank [urgent]

SeaworthySeaworthy Registered User regular
edited November 2008 in Help / Advice Forum
So here’s the deal, hoping you lot will be more helpful than PayPal or my bank.

At the beginning of October, I went to my gym. I am paying for a personal training plan, $90 a month. I talked to someone there and asked if I could cancel a second set of lessons that I had purchased because my trainer had left the gym. He suggested instead that the payments be delayed for three months, and I could work with a new trainer. I said sure and we each signed a form that would lead to the $90 withdrawals from my account being stopped for three months.

At the end of the month, I used PayPal for some eBay purchases. However, the gym had withdrawn $90 from my account despite the form we had signed. Because of this, I did not have the money for the PayPal payments.

On November 4th, I was charged for six NSF fees for 42.50 each, with a seventh NSF fee on the 6th. I tried calling PayPal and PayPal said that yes, they had made these NSF payments but they had cancelled all of them. These payments were still in my bank account as of the 12th, so I asked what they were talking about. They responded with ‘uhhhhh….’ And then silence. So I called my bank helpline. They told me to go to my bank in person to get the fees waived.

Today I went to the bank in person. I spoke to a man who told me that he couldn’t waive these fees. He told me to go to the gym, get the form, and that it would be the gym’s responsibility to pay these fees. Right now I’m planning to head over to the gym after school, but they are doing a ‘grand opening’ preparation and there are no work-outs today, so I don’t know if I’ll be able to get in touch with the guy or get the form.
Right now I’m panicking, I feel like the gym is going to avoid this and not want to pay and that the bank is trying to avoid paying. The bank told me that this wasn’t my fault, but I don’t think that going to the gym and asking them nicely to pay my fees is going to help anyone.

I cannot afford this and I really need the help. This is Ontario, if that makes a difference, and I’m with TD bank.

Thanks.

Seaworthy on

Posts

  • DaenrisDaenris Registered User regular
    edited November 2008
    Well, if I understand what happened correctly, the gym should only have to pay back the $90 charge that they made after they said they wouldn't. If PayPal made a $42.50 charge 7 times, they should be responsible for repaying all of those extra charges.

    Daenris on
  • SeaworthySeaworthy Registered User regular
    edited November 2008
    Daenris wrote: »
    Well, if I understand what happened correctly, the gym should only have to pay back the $90 charge that they made after they said they wouldn't. If PayPal made a $42.50 charge 7 times, they should be responsible for repaying all of those extra charges.

    The man I talked to at the bank clarified this, so I should have mentioned it sorry - he said that the fees were not from PayPal (making PayPal's customer service even worse, I guess.) and that they were fees from the bank for trying to use PayPal when my account didn't have the money in it. So I believe they are bank charges. He then said that since the charges wouldn't have occured without the gym taking the payment, they owed me the resulting charges. Which seems incredibly wrong to me.

    Seaworthy on
  • Jmac71Jmac71 Registered User regular
    edited November 2008
    So if I'm reading this right, the transactions attempted by paypal caused you to get NSF fees because the gym took the money out? I think what you need to do is to file a dispute for the money with your bank. I'm not up on Canadian banking regs, but in the US we have 10 days to give provisional credit once the initial complaint is made. After the credit is given the bank has 45 days to investigate. I'd get a copy of the agreement and give it to the bank and I'd also talk to the people at the gym to see about reimbursing you the NSF fees as well. Hope this helps.

    Jmac71 on
  • tsmvengytsmvengy Registered User regular
    edited November 2008
    Right, the NSF fees are overdraft charges from when Paypal tried to take money out of your account when there were insufficient funds. However, I can't believe that overdraft charges are that much in Canada - don't you have legislation about that sort of thing?

    If they do the right thing, the gym should reimburse you for those because it was definitely their mistake in charging you the $90.

    Lessons to be learned from this: link a credit card to your paypal account and use that, don't let them directly draw from your bank account.

    tsmvengy on
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  • KyouguKyougu Registered User regular
    edited November 2008
    Yeah, the gym should be responsible, but I imagine it's going to be a bitch to get them to pay for the NSF fees. Make sure you take bank statements showing how the withdraw put you in the red.

    The only thing I don't get is how you got charged 7 NSF fees.

    Kyougu on
  • SaammielSaammiel Registered User regular
    edited November 2008
    Seaworthy wrote: »
    I cannot afford this and I really need the help. This is Ontario, if that makes a difference, and I’m with TD bank.

    Thanks.

    You should definately dispute the charges, but I would suggest not enrolling in the training in the first place. You didn't seem to have enough float in your checking account to swing a $90 unexpected charge. That is a big problem, and you should address that before you engage a personal training service. Now granted, you aren't going to incur the charge for 3 months after you get this straightened out, but I'd cancel it permanently, or at least until your finances are in better shape. There are benefits to keeping healthy, but it shouldn't take a personal trainer and $90 a month to do so, while you are seemingly in tight financial straights.

    Saammiel on
  • amateurhouramateurhour One day I'll be professionalhour The woods somewhere in TennesseeRegistered User regular
    edited November 2008
    I only know about dealings with banks in the states, well, scratch that, I'm with Wachovia in the states, and they're Canadian, aren't they ?

    Anyway, with Wachovia, the bank charges the NSF fee any time your account is pinged for money it doesn't have, and the transaction is approved. Meaning, the bank covers the charge for you, and just tacks on a $40 charge for doing it. It's their call weather or not they want to waive the fees, because you didn't have the money in the account. Neither paypal or the gym is responsible for the NSF fees.

    However, if you can prove that you shouldn't have been charged by the gym, or paypal, and it was an error that caused the overdrafts, the bank will generall waive the fees. You're going to need to dig up some paperwork though and prove this as best you can.

    To sum up, you can dispute the charge for the trainer/paypal, and if the dispute ends up in your favor your bank "should" return your NSF fees, but they are in no way obligated to do so.

    edit: actually, they might be obligated to do so if it was caused in error, you'll have to check your terms of service on your account.

    amateurhour on
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