Minor disaffirmance of contracts

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mrlucky77713

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So a bank I was recently doing business with sort of screwed me. I overdrew my account by a few dollars thanks to some less than sound practice. And not only did the bank refuse to cash my checks., they charged me for both the amount the checks were worth and the $35 NSF fee.

So instead of my $10 check bouncing and 35 dollars being detracted from my account, the check bounced at 45 was deducted from my account.

I didn't know this was the case at first, since my onlien bank statement had all my transactions, but the total THEY had was significantly higher. So I bought one or two more things.

When I figured out that all 3 checks bounced and I now had an empty account since every penny I had in there and 3 35 dollar fees were in the red (130.12 total). I sent an online message to the bank asking about this.

Three weeks later, I was being hounded via phone and asked why my balance was not being paid. I asked then why my emailw as not answered. They said they would, in their infinite kindness, suspend the funds from tacking on the 10 dollars per day negative bank balance fee. I figured mistakes happen, and this would be at least partially righted in my favor.

Another 2 weeks later, I had recieved no call from anyone, and was again being hounded. I called again and was given pretty much the same speech.

None of these people had left me a name or contact information, and when I asked the second time I was told that he wasn't comfortable giving that out.

Another week and much hounding later, I valled the bank a third time and described my situation. Upon hearing this, I was lectured for some time on "responsible spending" and the like. Then, my question was igored altogether.

Though my problem was with the separate online banking department, I decided to deal directly with a teller at my local bank. She said it was odd that this was happening, and that she'd personally have it righted and called me if she needed more.

Then I got a letter from the bank saying I had 10 days until it was sent to a creditor.

I went back and asked what was happening, she said I hadn't paid and that's the policy. My account was then closed. I came with information I had and we discussed it. She said she'd talk it over with her boss and would call me again within a few days.

2 weeks later, I am faced with more creditors and hounding. I believe very strongly that I was ignored and taken advantage of because I am indeed a minor. Do I have the right, in the state of Michigan, to disaffirm this contract? I'd much ratehr negotiate with them, but I'm tired of being ignored and lectured and treated poorly, and Michigan's disaffirmance alws exist to prevent such treatment.

Do I need to talk specifically with a lawyer, or is there an easy answer here? Thank you for any help.
 
mrlucky77713 said:
So a bank I was recently doing business with sort of screwed me. I overdrew my account by a few dollars thanks to some less than sound practice. And not only did the bank refuse to cash my checks., they charged me for both the amount the checks were worth and the $35 NSF fee.

So instead of my $10 check bouncing and 35 dollars being detracted from my account, the check bounced at 45 was deducted from my account.

I didn't know this was the case at first, since my onlien bank statement had all my transactions, but the total THEY had was significantly higher. So I bought one or two more things.

When I figured out that all 3 checks bounced and I now had an empty account since every penny I had in there and 3 35 dollar fees were in the red (130.12 total). I sent an online message to the bank asking about this.

Three weeks later, I was being hounded via phone and asked why my balance was not being paid. I asked then why my emailw as not answered. They said they would, in their infinite kindness, suspend the funds from tacking on the 10 dollars per day negative bank balance fee. I figured mistakes happen, and this would be at least partially righted in my favor.

Another 2 weeks later, I had recieved no call from anyone, and was again being hounded. I called again and was given pretty much the same speech.

None of these people had left me a name or contact information, and when I asked the second time I was told that he wasn't comfortable giving that out.

Another week and much hounding later, I valled the bank a third time and described my situation. Upon hearing this, I was lectured for some time on "responsible spending" and the like. Then, my question was igored altogether.

Though my problem was with the separate online banking department, I decided to deal directly with a teller at my local bank. She said it was odd that this was happening, and that she'd personally have it righted and called me if she needed more.

Then I got a letter from the bank saying I had 10 days until it was sent to a creditor.

I went back and asked what was happening, she said I hadn't paid and that's the policy. My account was then closed. I came with information I had and we discussed it. She said she'd talk it over with her boss and would call me again within a few days.

2 weeks later, I am faced with more creditors and hounding. I believe very strongly that I was ignored and taken advantage of because I am indeed a minor. Do I have the right, in the state of Michigan, to disaffirm this contract? I'd much ratehr negotiate with them, but I'm tired of being ignored and lectured and treated poorly, and Michigan's disaffirmance alws exist to prevent such treatment.

Do I need to talk specifically with a lawyer, or is there an easy answer here? Thank you for any help.
Don't mistake disaffirmance with being able to walk away from a deal without returning what was bargained for. Disaffirmance means that if a minor makes a contract, e.g. to rent a car for a month, if the minor wants to return the car early the minor can do so and "disaffirm" the contract. The "consideration" or benefit conferred upon the minor needs to be returned. I'm not sure how your status as a minor would affect this contract but I'm not sure it will aid you.

What might be worth it is simply dealing with it in person instead of using email. If you can, negotiate with them and perhaps paying for one fee will take care of the entire matter. For $140 it's not worth the bank's time to deal with it. I'm reading that it was sent to a "creditor" which I assume mean's a collection agency. These people also be negotiated with and you can inform them that you do not believe the debt is valid and do not owe that amount. They too will likely settle for less but make sure that you make a payment, e.g. for $70 which would be the balance and one NSF fee. Good luck with this and I hope it works out for you.
 
I ahd taken the fact into consideration, but the bank never actually paid the money, so I wouldn't really owe them anything.

They have ignored all my attempts in the past to work something out, which is why I'm seeking more drastic measures. I believe, at least a little, that my minor status and the insignificance of my claim has led them to ignore me, but I hate it. I continue to get letters stating that they'll drop like 5-10%, but I don't owe them a dime. Calling the collection agency just result sin more cajuns telling me to work it out with the bank, who never calls me back. The frustration is killing me.

In short, since I gained no benefit and can gain no additional benefit since I closed the account, I really don't need to return anything to them. Maybe the 35 bucks or so for the money they're supposedly out. Either way, I'm going to a credit union...
 
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