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Home >> My Bank Said ...
Banks Says Their Error, but I Have to Prove It!
I received a letter from Optum Bank which holds my HSA account. They said I was overdrawn more than $1600. All of these (over 50) transactions happened on March 9. After a lot of questions, they told me that my account got linked to someone else's and they moved the charges to my account. First of all, I do not think these are my charges. None are medical expenses. It appears that they took all of someones non-medical charges and put on my account. The bank said that I will need to dispute them and prove it was not me. How do I do this? Also, all of these charges originated more than ninety days ago. I didn't think they were able to do this. I am thinking that they can't charge me on a debit transaction that occured more than thirty days after the actual transaction. I need some good expert advice. I could work my tail off and try to prove my innocence, but I would rather say "those charges are too old, so it is your fault". Someone please help!
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 This tale is simply bizarre! The rules on prompt posting of debit transactions can vary between the card associations (Visa vs. MasterCard). However, it is not your responsibility to prove that you didn't authorize the unrecognized transactions. Your only responsibility is to make a claim that you did not authorize them. You can do so orally, but we recommend that you complete whatever paperwork the bank asks you to complete, and do so promptly, because that paperwork can make the bank's job go a lot more smoothly.
The bank has the onus of researching the transactions and determining whether you authorized them, not the other way around. You have a strong argument that the transactions are not yours. Assuming that the bank makes the correct determination, you should receive a full refund, including any overdraft charges and bounced check fees, and the bank should provide you with a letter explaining that any checks it bounced were returned in error.
Published on BankingQuestions.com 3/30/10
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