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Conference 7.286::dcu

Title:DCU
Notice:1996 BoD Election results in 1004
Moderator:CPEEDY::BRADLEY
Created:Sat Feb 07 1987
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1041
Total number of notes:18759

101.0. "OVERDRAFTS-Deductions from CRT or Home Equity?" by SALEM::ALIZIO () Fri May 20 1988 17:23

    
    Did this ever happen to you? I took out a home equity loan through
    the DCU about 10 months ago. I took out an initial amount against
    my line of credit and hadn't used it since. Last month, I had an
    overdraft in my checking account. In the past, I had the amount
    of any overdraft taken out of my savings account. Much to my
    surprise (and anger), I discovered that overdrafts were going
    against my home equity loan! So, in effect I have to pay DCU
    9.95% interest for the overdraft! Thankfully, it was only about
    $40, but it's just the idea of it that's lousy. I questioned the
    folks at our branch and they kind of shrugged their shoulders
    and told me to call the main office in Maynard. I never got an
    explanation of why this happened, and they said it wasn't in any
    of the loan agreements to their knowledge. They suggested that I
    send them a letter stating that I wanted the overdrafts to go
    against my savings (as they had always been) and to copy my local
    branch. I did this and haven't had a problem since.
    
    I'm still wondering if perhaps the teller in my branch pushed a
    wrong button when posting the overdrafted check, and mistakenly
    putting it against my home equity loan. I doubt that I'll ever
    find out, but if that's the case, then they owe me some money, no?
    
    I realize that the overdraft is my own fault, but if it hadn't
    happened, I never would never have known this situation existed. Have
    any of you had similar experiences? 
T.RTitleUserPersonal
Name
DateLines
101.1The "deafult" conditionVIDEO::GRAHAMDr. JohnFri May 20 1988 18:247
    I have an equity loan through DCU also.  I know that when I first
    got it as part of the agreement, that any overdrafts would go against
    the equity loan instead of savings.  Evidently this is the "default"
    condition and that you have to specificaly ask to have overdrafts
    go against your savings.
    
    					John G.
101.2Incorrect default if you ask me.SALEM::ALIZIOFri May 20 1988 19:4910
    
    Default condition, huh? And I just can't imagine (sarcasm intended)
    why DCU would have it default to a 9.95% loan instead of against
    savings like it normally is! That would be ludicrous. The NORMAL
    default is against savings. Not everybody has a home equity loan
    for crying out loud! Isn't there a law about truth in lending? If
    you get this little surprise by default, it just doesn't seem
    kosher to me. Perhaps someone else can confirm that this is the
    "default" condition. Great, just great.
    
101.3Don't panicDR::BLINNBill & Opus in '88 (Penguin Lust!)Fri May 20 1988 20:0230
        Calm down.  Stop flaming.  Make sure your brain is engaged.
        
        Go back and CAREFULLY read the papers you signed when you took
        out the home equity loan, both the application and the final
        agreement.  If there's really nothing in either of them that
        says that DCU will post overdrafts against your home equity
        loan (instead of savings, which is what they do if you don't
        have a home equity loan or other line of credit), then you've
        got a legitimate beef.  (By the way, make sure this isn't in
        some OTHER official statement of DCU policy that you've been
        given.)
        
        If you can't find it written down, then your hypothesis that
        the person doing the check clearing made a clerical error is
        a possibility (although, for the most part, such errors are
        nearly impossible -- the check clearing is usually done by
        a clearinghouse that's almost completely automated, and the
        posting against your DCU accounts is probably done completely
        by a computer program that simply implements whatever rules
        are programmed into it).
        
        In any case, if it's not written down anywhere in the papers
        you signed in applying for and accepting the line of credit,
        then you should write to the DCU and ask for a refund of the
        interest amount that you were billed on the equity loan.
        
        If you really don't need the equity loan, you might consider
        having it cancelled.
        
        Tom
101.4BINKLY::WINSTONJeff Winston (Hudson, MA)Fri May 20 1988 21:137
Actually, they think they're doing you a favor, as , if you have a CRT 
line of credit, it is automatically cancelled and replaced by the home 
equity line.  Of course, they don't publicize this, and some people
aren't thrilled with drawing down on their house so easily.  This is 
discussed elsewhere in more detail (dir/title=equity) (and partially 
falls under the category of DCU communication, which is also discussed 
elsewhere in this file (dir/title = * ) )
101.5It's dishonesty, pure and simple.SALEM::ALIZIOMon May 23 1988 16:4937
    
    re. .3
    
    Whether or not there's something in the small print to the effect
    that overdrafts go against my home equity loan, is not the point.
    And my brain is quite well engaged, thank you. My issue is that
    since the "normal" condition is for people to have a savings account
    and not a home equity line of credit, then the "normal" default
    should be against savings. To alter the status quo in such a manner
    is sneaky, in my opinion. The issue is honesty, or "truth in lending"
    if you want to take the legal approach. The only reason we need
    "truth in lending" laws are because people have been known to do
    some sleazy things when it comes to lending money. Just as a realtor
    is required by their code of ethics to tell you that the empty lot
    next to your new home is slated to become a landfill, but needn't
    list it in the sales agreement, so is DCU required by ethics to
    let you know when the status quo is changing. Its called honesty.
    
    As far as reading all the loan agreements, I have already read them
    once. Most people probably don't take the time to read all the fine
    print, but I do. It's probably not all that effective since you
    need to be a lawyer to understand all that legal mumbo jumbo, but
    I do my best. In all the reams of paper that I signed, I truly don't
    remember anything about changing the overdraft default. When I get
    a chance, I'll re-read them though, just to satisfy my curiousity.
    The bottom line for me is still that DCU failed to point this situation
    out, and whether it's buried in some micro-fine print isn't the
    issue at all. The other person that replied to this note, who had
    the same situation, didn't recall signing anything to this effect
    either. Obviously DCU chooses to keep this very low key. And it
    doesn't have anything to do with the fact that they make a few extra
    bucks off it, right. Riiight.
    
    I'm still flaming, and will continue to flame at people who display
    less than honest behavior. I guess I'll disengage my brain now and
    get back to work. 8^)
    
101.6Calm Down - Please21006::FULTZED FULTZMon May 23 1988 17:4812
    You know, this whole issue is moot if you simply were careful not
    to bounce a check.  With no overdraft, it makes no difference where
    the default is - home equity or savings.  If you have enough in
    savings to cover everything, then why not move it to checking, where
    it should be able to get a slightly higher interest rate than in
    savings?
    
    It does no good getting angry at the DCU.  I am sure they are not
    sitting back trying to find ways to cheat people.
    
    Ed..
    
101.7Very calm, thanks.SALEM::ALIZIOMon May 23 1988 19:1624
    
    re. .6
    
    Agreed, that no overdraft = no problem. But, due to a unique set
    of circumstances, it does occur. Unfortunately, if it were that
    predictable, we'd all make sure that we transferred enough out
    of savings to avoid it. I am not blaming DCU for this. It was
    my mistake. As I said previously, there is a silver lining in this
    cloud in that I discovered the change in the overdraft default.
    And I'm not really all that un-calm. I think it's a valid issue
    to raise. I'm not paranoid about DCU intentionally ripping me off.
    This is a policy which bears re-examination. If enough people complain
    about it, then the policy might be changed. If we all take a laissez
    faire attitude, then nothing happens. I solved MY problem by sending
    a letter to the DCU office at Parker Street. I posted this note
    as an FYI to others who have or are considering taking out home
    equity loans. If I spare even one person the grief (and expense)
    of this happening to them, then it will have served it's purpose.
    
    I'm really not as upset as my notes may seem, so please refrain
    from telling me to calm down. I think I have a legitimate gripe
    and have taken a rational approach to helping others avoid the
    same situation. Have a nice day!
    
101.8So what is the issue?BEIRUT::SUNNAAMon May 23 1988 19:2014
    re 101.6: I don't think the issue here is how this person manages his
    checkbook (and it shouldn't be). The issue is how does DCU handles
    overdrafts and where the default it. It does make a difference to
    some people where the check is paid from, given that the reason
    they took out the Personal Credit line is to cover the checks or
    take out instant loan without having to get loan approval.
    
    So, Again the question posed is : How does DCU handle the overdraft,
    and do they or should they notify people as to what their policies
    are?
    
    NJS
    
101.9Thanks for the clarificationDR::BLINNBill & Opus in '88 (Penguin Lust!)Mon May 23 1988 19:5630
        Thank you for your clarification in .7 regarding your intent
        in posting your note.  I'm glad to learn that you were more
        concerned with helping fix the problem than just complaining
        about it.
        
        Nisreen, you've raised very valid concerns in .8.  I hope we
        will see a response from DCU on this.
        
        I suspect very strongly that the overdraft processing is almost
        completely automated.  I would not be surprised if the details of
        how it gets handled (from which accounts, in what order, does it
        look for money to cover the check) are not very well documented
        (outside of the program that implements it, if it is even
        documented there). 
        
        DCU should make it very clear to members how overdrafts will be
        handled.  In any situation where opening a new account (such as a
        home equity loan) will change the situation, there should be a
        CLEAR disclosure of how things will change.  That seems not to be
        the case.  
        
        Ideally, DCU should allow members to specify the way overdrafts
        should be handled, when there may be more than one potential
        source of funds.  Also, a member should be able to specify that
        certain accounts should be "off-limits".  For example, you should
        be able to say that you want the check to bounce (and that you're
        willing to pay any charges) before you want it to wind up
        borrowing against your home. 
        
        Tom
101.10Assumptions are a dangerous thing!CSCMA::KNORRSinging those field test blues ...Mon May 23 1988 20:2829
    I just read the CRT 5000 cover letter and "fine print".  Relevant
    points follow.
    
    From the Cover Letter:
    
    > In addition to being a source of instant credit, the CRT is overdraft
    > protection for your checking account.  If you bring your checking
    > account negative, the CRT will replenish the account to a zero
    > balance.
    
    Based on this, I would be (and was when I signed it) of the opinion
    that if I bounce a check, the money is coming out of the CRT 5000
    line of credit, not my savings account.
    
   There's also some stuff about overdraft coverage in the fine print
    which pretty much says the same thing.  My feeling is this document
    should be modified to include an explanation of the options available
    to the customer - i.e. it doesn't *have* to work this way if you
    don't want it to.
    
    
    - Chris
    
    
        
   
    
    
    other words, by 
101.11BINKLY::WINSTONJeff Winston (Hudson, MA)Mon May 23 1988 21:2817
>    From the Cover Letter:
>    
>    > In addition to being a source of instant credit, the CRT is overdraft
>    > protection for your checking account.  If you bring your checking
>    > account negative, the CRT will replenish the account to a zero
>    > balance.
>    
    Based on this, I would be (and was when I signed it) of the opinion
>    that if I bounce a check, the money is coming out of the CRT 5000
>    line of credit, not my savings account.
    

If you have a CRT.  The flow for overdraft seems to be

IF H.E. exists - then tap, ELSE 
IF CRT exists, the tap, ELSE
tap savings
101.12Their not out to get anyone...WILLEE::GAGNONWed May 25 1988 18:4021
    I worked for DCU back when DCU was 6 months old (Jan. '81) up until
    it was 3 years old (June '83).  When I first started, DCU was a
    simple credit union, they had savings, checking, and a few loans.
    If a check bounced, there was nothing you could except pay the
    overdraft fee.  When DCU started the open-end loans (i.e. CRT 5000
    and home equity) they figured it was better for their customers
    if the overdraft hit the loan.  The reason for this is:  when a
    check bounces at the credit union, they send it back to the bank
    that paid the check.  That bank usually submits the check the following
    day and it will probably bounce again.  This means within a few
    days you bounced the same check twice, and at $6.00 - $7.00 a pop
    that gets expensive.  So you see, DCU figured, it's better to pay
    a few cents in interest then to pay $12.00 - $14.00 in overdraft
    fees.  The reason the savings account is the last to be touched
    is because, DCU requires you to open a savings account with at least
    $5.00 in it, no matter what type of account you want to open.  Most people
    do just that, they put five dollars in their savings and never add
    another penny.  If a check bounces, DCU has to wait until a deposit
    is made before they can claim the overdraft fee.  A lot of banks
    now have a reserve credit line that will bring your checkbook balance
    back to zero and charge you interest if you use it.
101.13The real issueBAGELS::LEVYLiving life at the marginThu May 26 1988 16:479
    re: .12
    
    I believe the point of this note is that DCU chooses to make policy
    decisions (default overdrafts to Home Equity, increase interest-earning
    minimum on checking to $1000, etc.) without informing its customers
    prior to implementing those decisions.
    
    As many participants have pointed out, this is an excellent way
    to lose customers (myself included).
101.14Opinions vary on many thingsDR::BLINNBill & Opus in '88 (Penguin Lust!)Thu May 26 1988 21:319
        Very few banks inform their customers PRIOR to making policy
        decisions.  I think the point of this note is that not everyone
        is happy with some DCU policies, or don't read the policies
        that apply to them, and would prefer to complain here than
        to address the problem in a more constructive manner (either
        by voting with their feet, or by working with DCU management
        to change things for the better).
        
        Tom
101.15BINKLY::WINSTONJeff Winston (Hudson, MA)Thu May 26 1988 21:4514
>        Very few banks inform their customers PRIOR to making policy
>        decisions.  I think the point of this note is that not everyone
>        is happy with some DCU policies, or don't read the policies
>        that apply to them, and would prefer to complain here than
>        to address the problem in a more constructive manner (either
>        by voting with their feet, or by working with DCU management
>        to change things for the better).
        
The problem is that DCU doesn't make their CURRENT policies visible
enough, and some of their policies could use improvement. We here are
being constructive by explaining to DCU in a straightforward manner
what we think they should be doing better or differently.  The DCU BOD
and communications department get regular extracts of this file. 

101.16MembersHACKET::KUSCHERKenFri May 27 1988 19:127
>        Very few banks inform their customers PRIOR to making policy
>        decisions.  
        
        The DCU is not a bank it is a Credit Union.  There is a
        difference -- we are members not customers.
        
        -kHk-
101.17I am also a customerARGUS::BISSELLFri May 27 1988 19:233
    re .16
    Are we not both members and customers and do we not deserve to be
    treated as customers
101.18Hello DCU, are you there?SALEM::ALIZIOTue May 31 1988 17:0931
    
    re. .12
    
    You make some good points relative to why DCU set up their overdraft
    policy for CRT and Home Equity. I am sure that they had the noblest
    of intentions in trying to save you money by not bouncing the same
    check over and over again. However, I find fault with their logic
    of defaulting overdrafts to the loans first. Given that some people
    open up a savings account and never add to the $5.00 minimum, doesn't
    preclude the logic of; IF not enough in checking GOTO savings, then
    IF not enough in savings GOTO home equity. This is how I have my
    account set up now. If all accounts were to have this default setting,
    then for people who choose to keep the $5.00 minimum in savings,
    they in effect are defaulting directly to their home equity. For
    people like me who keep several hundred dollars in their savings
    account, we have the added benefit of not bouncing the check at
    all, plus not paying ANY interest on the overdraft. This scenario
    fits both cases equally, and doesn't make any assumption about how
    much or how little you have in your savings account.
    
    I noted in one of the recent replies (forgot which one) that DCU
    regularly monitors this notesfile? If so, that's good. Has anyone
    received any direct feedback from DCU on any issues presented here?
    Have any DCU policies changed as a result? I, for one would hope
    that DCU will read this note and consider a policy change. I think
    it's a rather easy one to implement, but it needs to be communicated
    a lot better than the present policy. It's no fun to find out what
    the policy is by accident, let me tell you. Well, I've got my fingers
    crossed that a policy change is forthcoming.
    
    
101.19Going with the flowWILLEE::GAGNONTue May 31 1988 17:5615
    RE: .18
    
    What you said, does make a lot of sense.  DCU should probably change
    the policy and goto savings and then loan.  Then again, they probably
    already looked into this and found the majority rather have it the
    way they're doing it now.  A lot of financial institutions are going
    to a reserved credit line.  They don't give you a option of which
    account you want overdraft fees to come from.  Which ever policy
    that institution follows, is the policy they offer you.
    
    Even though we're members of the credit union, they have to set
    rules.  Otherwise, DCU would be a complete nut house, and most of
    us wouldn't want to keep our money in a credit union that's constantly
    changing.  The only time they change now, is to keep up with the
    economy.  And all financial institutions do that.
101.20SALEM::RIEUWho gets custody of Chuck Sullivan?Wed Jun 01 1988 12:435
       They may monitor this file but they don't seem to answer the
    'tough' questions. We get a response from Mr. Tilley every few weeks.
    But he only seems to answer 1 or 2 questions. We voted for these
    people so I guess we deserve them.
                                                    Denny
101.21Official DCU ResponseTSE::LEEBERKnock Knock!Wed Jun 01 1988 17:0228
    This is an official response by John Tilley of the DCU. The portion of
    that response, dated 1-JUN-1988, that applies is included below. 
    
    Whether you agree or disagree with the response from the DCU,
    *PLEASE* remember I'm just the MESSENGER.
    
    Carl Leeber
    
    {I made a slight change in the official text, it is contained in
    braces "{}" in the text below.}
******************************************************************************
    A thorough explanation of the workings of the home equity line
    of credit is contained in the "second mortgage line of credit plan
    and loan agreement" which members sign at closing. See the paragraph
    titled " using you{r} line of credit" on the back side of the document
    for information regarding overdrafts and processing them through
    the line of credit.
    
    The CRT5000 (@ 16.25%) is replaced by the home equity line of credit
    (@ 9.95%) to save members' interest expense when they use their
    revolving credit. A 6+% saving seemed like a good idea to the
    management of a "customer driven" financial institution.
    
    The automatic overdraft protection of the CRT5000 and home equity
    line of credit is designed to save members the embarrassment of
    bounced checks and service fees of $12 for each NSF item.
******************************************************************************
    
101.22Don't shoot. I'm on your side.SALEM::ALIZIOWed Jun 01 1988 17:4721
    
    re. .21
    
    I won't shoot the messenger, don't worry.
    
    So that's the "official" response? All he did was re-state the existing
    policy. He never addressed the relative merits of the points raised
    in the previous notes. I guess it's a dead issue with DCU. I'm a
    little disappointed in DCU's handling of this and the other two
    issues that received "official" replies. If all we can expect is
    a restatement of DCU policy, then there's not much point in going
    into any detail on proposed improvements to the DCU. I'd like to
    someone from DCU reply directly to the particular issues at hand,
    rather than have them read policy out of some manual. Perhaps by
    initiating some open dialogue, the DCU might be better for all of
    us, including those who run DCU. 
    
    These are just my personal opinions on the subject and I'd be
    interested in hearing how others feel about it. 
    
    
101.23ARGUS::BISSELLWed Jun 01 1988 19:056
    re .22
    I think that the response was well written and answered the question.
    It is the lower interest rate option (look at the heat if they chose
    the higher cost alternative to you)
    The patron had to acknowledge the conditions and should have asked
    questions if they were not sure BEFORE they signed the agreement.
101.24SALEM::RIEUWho gets custody of Chuck Sullivan?Wed Jun 01 1988 19:157
       He didn't, however, explain WHY this overrides the previous procedure
    of taking the money from savings. It seems to me that  was
    the major concern.  It couldn't be that they get more of our money
    in interest by doing it this way , could it? Nah, they wouldn't
    do that to their 'valued' customers.
        The guy would make a good politician.
                                                      denny
101.25hello? are you there?BINKLY::WINSTONJeff Winston (Hudson, MA)Wed Jun 01 1988 21:183
given how many candidates found the ability to contribute to this file
when they were running for office, I would think that their absence
since then is at least embarassing? 
101.26How about the 0% interest option?SALEM::ALIZIOThu Jun 02 1988 13:1947
    
    re. .23
    
    You are missing the point. I am advocating the NO interest option.
    Read, none, zero, nada. I don't want to pay 16% or 8%. I want to
    pay 0% when I overdraft.
    
    I discovered that the statement about the overdraft defaulting to
    home equity is in fact on the back of the loan agreement. It's under
    a section regarding how to use your line of credit. From the way
    it's written, this is supposed to be an INTENTIONAL method for drawing
    on your line of credit. That is, you intentionally write a check
    for more than you have in your checking account and you automatically
    write a loan; no muss, no fuss. The fault in this logic is that
    DCU has no way of separating an intentional overdraft from an
    accidental one. I personally do not want this convenience. At the
    closing the DCU representative should advise you that you have the
    option of not having this convenience if you don't want it. In fact,
    the reason I didn't pick up on this little ditty was that I asked
    how to draw on the line of credit, before I read the agreement.
    I was informed of two ways to do so, not including this one. When
    I read the agreement and got to that section, I skipped it since
    I thought I was just told how to draw on my line of credit. If I
    had been properly informed I would have chosen NOT to have the
    convenience of taking out a loan by intentionally writing an overdraft.
    Now don't get me wrong, I'm not suggesting that the DCU representative
    was being purposely misleading, but I think that in the future this
    option should be brought to the customer's attention. Then the customer
    could make an informed decision and not rely upon their contract reading
    comprehension skills, which for many of us are weak at best, not
    being lawyers.
    
    I'm still not satisfied with the response from DCU. I got the feeling
    that they thought they were doing me a favor by defaulting overdrafts
    to home equity rather than CRT. I'll say it again; I want option C
    of defaulting to my savings and paying NO interest. I realize that
    this may result in slightly less revenue for DCU, but I don't think
    they want to get interest from people who unintentionally overdrafted.
    For those who prefer this convenience, all well and good, but for
    the rest of us, please give us the option of refusing it at the
    time of closing. And this means pointing out this feature, not relying
    upon the customer to figure it out for themself.
    
    Does anyone else feel that paying 0% interest is better than 8%
    or 16%? Maybe my viewpoint is a little slanted, but it seems fairly
    reasonable to me.
    
101.27SALEM::RIEUBill the Cat in '88Thu Jun 02 1988 16:194
       You can fefuse it by sending them a letter stating you want to
    use your savings for overdraft. But, you can't do so unless you
    know of their 'feature'.
                                                Denny
101.28An open letter to DCU.SALEM::ALIZIOFri Jun 03 1988 12:4155
    
    An open letter to all DCU representatives and/or BOD members.
    
    To whom it may concern:
    
         By means of this letter I hereby solicit your input on the
    
    subject note. Specifically, the heart of the matter centers around
    
    the option listed on the back of the home equity loan agreement
    
    that provides the capability of drawing on your line of credit by
    
    intentionally writing an overdraft on your checking account. By
    
    signing this agreement, the customer is making their line of credit
    
    the first option in an overdraft situation. For those who choose
    
    to avail themselves of this convenience, it's all well and good.
    
    Those who don't can simply write a letter to DCU requesting that
    
    the first overdraft default go against their savings. This is an
    
    existing DCU policy. 
    
         My request is a small one, and doesn't involve either a policy
    
    change or any alteration to the loan agreement form. Very simply,
    
    I'd like to ask if your DCU representatives could point out this
    
    option at the closing, before the loan agreement is signed. Then,
    
    they should inform the customer that they have the option not to
    
    have this form of default. I'm not sure if the customer would still
    
    have to draft up a letter to decline this option, or whether a verbal
    
    declaration during the closing would suffice. I'd leave that up to
    
    your judgement as their may be legal implications to deal with.
    
         Could you please address yourself to this issue as soon as
    
    possible, and post your reply here? 
    
         Thank you.
    
    
                                                      Sincerely,
                                                      Paul Alizio
    
101.29My feedback on the overdraft issueVOYAGE::JWHITTAKERFri Jun 03 1988 17:0520
    As in any business transaction, it is the responsibility of both
    parties to ensure their interests are protected.  By asking the
    DCU to assume the responsibility of ensuring that the signee of
    a business transaction of this type, the burdon is shifted from
    both parties to a single party, namely the DCU, which I believe
    is inappropriate.  The agreement in question clearly indicates that
    overdrafts will be covered by the equity line of credit.  The DCU
    has no meaninful way to ensure that any overdraft is either intentional
    or the result of an error by the writer of the check.  The burdon
    of responsibility must be placed on the participating member to
    notify the DCU in writing to first utilize savings to cover a
    short-fall in his/her checking account, than look to the equity
    line of credit as secondary source to cover the overdraft.  I think
    you are asking too much of the DCU to assume this responsibility,
    and that an alternative method is available to the member to notify
    them in writing of how each individual member wishes to have overdrafts
    covered.  You asked, so this is my opinion.
    
    Jay
    
101.30Very small additional responsibility for DCUSALEM::ALIZIOFri Jun 03 1988 19:5427
    
    re. .29
    
    The only additional responsibility I have requested from DCU is
    that they inform their customer that they can decline the option
    of having overdrafts trigger an advance on their line of credit.
    From then on it's the customer's responsibility to generate the
    official letter to DCU informing them of how they wish overdrafts
    to be handled. That's it. The DCU's responsibility ends there. If
    the customer overdrafts more than what's in their savings account
    then they either bounce the check or hit their line of credit,
    depending upon how they set up the overdraft protection.
    
    In a nutshell, the total additional responsibility to DCU amounts
    to maybe a 30 second explanation during the closing in which they
    inform their customer of this option. Since it doesn't say on the
    loan agreement form that you have the right to decline the overdraft
    option, I think it's only fair to point out this hidden option.
    If I had been given this option at my closing, I would have declined
    it and saved myself some grief (and money) in the process.
    
    I sincerely hope that DCU will not consider my request to be burdensome
    or unreasonable. It certainly doesn't seem so to me. And thanks
    for taking the time to reply. I appreciate your input. Now, if only
    DCU will happen by and give their input.
    
    
101.31SALEM::RIEUBill the Cat in '88Mon Jun 06 1988 13:315
       EXISTING policy is to cover overdrafts with my savings account.
    Why does this automatically change if I take out a certain loan?
    The DCU 'burdened' themselves with this change of policy. Why should
    it cost the customer money? 
                                                    Denny
101.32You can't please all the people all the timeDR::BLINNOpus for VEEPMon Jun 06 1988 19:3737
        Denny, AS SOON AS YOU ACCEPT THE LINE OF CREDIT, the policy
        changes.  By signing the "line of credit" agreement, you agree
        to the change.  It's not unreasonable to ask the DCU to clarify
        this, and to make it clear that you have the option of telling
        them you want it handled differently.
        
        Many people who take out the "line of credit" want it handled
        the way it's being handled.  Others don't.  What the DCU is
        being asked to do is "EDUCATE THE CONSUMER", that is, make
        sure that the customer understands the options.  That's very
        reasonable.  And they're setting up a default that's probably
        right for many people.  Some people DON'T WANT THEIR SAVINGS
        TOUCHED.
        
        No one approach is going to please everyone.  What's important
        is that the DCU let people have it done the way that works
        for them, and makes sure people understand what will happen
        if they don't specify something else.
        
        To make a comparison to fast-food:  I usually go to Burger King
        rather than McDonalds or Wendys or Brand X, for two reasons:  I
        prefer broiled to fried, and I like to specify options.  At Burger
        King, I usually order the Whopper with Cheese, and I *HATE*
        mayonaisse.  Rather than telling Burger King they should stop
        putting mayonaisse on the Whopper, I remember to tell them to
        leave it off the one they're making for me.  They do this with no
        problems.  And if I want extra onions, no problem, just ask. But
        if I forget to specify the options I want (NO MAYO!), I don't get
        upset and make a fuss, because, after all, I was the one who
        screwed up. 
        
        Some of us seem to expect DCU to change the default, because we
        didn't read a legally binding contract carefully enough, and
        trusted someone else to tell us what it said.  That's not being
        very reasonable. 
        
        Tom
101.33ARGUS::BISSELLTue Jun 07 1988 15:1413
    re .32 and others
    Please read the card that is included in your statement this month.
    I don't have a line of credit with the DCU but would be further
    confused by the "explanation".
    
    What I understand is that Federal Requirements will allow no more
    than three overdrafts against your SAVINGS in any one month and
    afer that they will be taken from your Line Of Credit.  There is
    a statement that a $12.00 charged will be assessed for all overdrafts
    that are not covered.   Does this mean for 1. all over the three,
    2. all, 3 all that there are no funds in the Line of credit either.
    
    Can someone please translate this for me ?
101.34What the notice saysDR::BLINNLet them eat barbecueTue Jun 07 1988 21:0641
        Here, verbatim, is what was in the statement this month:
        
                                IMPORTANT NOTICE
        
        Under Federal Regulation D, all financial institutions are
        required to limit the number of overdraft transfers FROM primary
        savings (share 1) TO any sharedraft (checking) accounts.  The
        number of overdraft transfers *cannot exceed three (3)* per month.
                                     (*underlining in original*) 
        
        After the third overdraft transfer, each sharedraft (check)
        received must clear directly through your sharedraft accounts or
        lines of credit.  If there are insufficient funds, all checks will
        be returned and the account charged $12 per item. 
        
        Please maintain proper balances in your sharedraft accounts.
        
                                 [end of notice]

        What this means is that AFTER THE THIRD OVERDRAFT IN ANY MONTH
        that was charged against "primary savings", any subsequent
        sharedraft that's presented for payment WHEN THERE ISN'T MONEY in
        the sharedraft account to cover it WILL BE RETURNED, even if there
        is money in savings to cover it.  
        
        If you draw against your lines of credit first, this can only
        happen after you've exhausted your lines of credit. 
        
        Presumably, if you've specified a search order that puts savings
        before the various lines of credit, it will bounce after the third
        transfer from savings, even if there's money in the lines of
        credit.  Maybe not.  You would have to ask the person who wrote
        the code that implements the fall-back logic, I suspect.  It might
        be smart enough to check the lines of credit if the "no more than
        three transfers from savings in one month" rule applies. 
        
        This is obviously a good reason to have the default be to go
        against lines of credit FIRST, since they don't have such a
        restriction. 
        
        Tom
101.35Good topic for another note!SALEM::ALIZIOWed Jun 08 1988 15:0930
    
    re. .34
    
    I think this is an excellent candidate for a separate note. While
    it does relate to this note, it bears further examination in and
    of itself. I cannot imagine the logic the Federal government used
    to determine that there must be ANY restriction on the number of
    times I can dip into my savings account, whether for overdraft
    or any other reason. This seems totally unreasonable to me. If
    there wasn't a banking lobby behind passage of that law, I'll eat
    my hat! I'd like to learn more about Federal Regulation D; how it
    came about and what else it covers. Perhaps others mat be curious
    as well. I'd rather not cloud up this note with those discussions
    though. This note has boiled down to a simple and reasonable request
    of DCU and I vote against confusing the issue by debating the
    relative merits of the Federal regulation.
    
    For myself, I don't see the limit of 3 transfers out of primary
    savings per month to cover overdrafts as being a particular problem.
    If I overdraft more than once or twice a year it's very unusual.
    I feel perfectly safe, even with the limit of 3. Again, it goes
    back to personal choice and if I choose to take this somewhat increased
    risk, that's my business.
    
    Hopefully DCU can address themselves to the request I posted in
    an earlier note. They are very conspicuous by their silence.
    
    Please give some thought to creating a separate note based upon
    the content of 101.34 . Thanks.
    
101.36I drew a different conclusion.SALEM::ALIZIOWed Jun 08 1988 15:5354
    
    re. .34 (again)
    
         > What this means is that AFTER THE THIRD OVERDRAFT IN ANY
         > MONTH that was charged against "primary savings", any
         > subsequent sharedraft that's presented for payment 
         > WHEN THERE ISN'T MONEY in the sharedraft account to cover
         > it WILL BE RETURNED, even if there is money in savings to
         > cover it.
    
         After rereading your conclusion, and the following quotation
         from Regulation D, I disagree with the last part of your
         statement. After the third overdraft in any month that's
         charged against "primary savings", any subsequent overdraft
         will NOT result in the automatic return of your check and the
         resultant $12 charge per item. This is the case only if you
         DO NOT make your line of credit the SECOND default. If your
         line of credit is your SECOND default, then after the third
         overdraft from primary savings, you go against your line of
         credit. I'll repost that portion of the regulation that covers
         this, below. Based on my interpretation of the regulation and
         the existance of a secondary default as a backup to your
         "primary savings", I don't see any increased risk at all under
         the new regulation. That's not to say that I don't disagree
         with the limit of 3 overdrafts from savings, but it's very
         manageable.
    
       > After the third overdraft transfer, each sharedraft (check)
         received must clear directly through your sharedraft accounts
         OR lines of credit.
         --
    
         The key word in the above is the OR. I take this to mean that
         after the third overdraft transfer it's OKAY to overdraft
         again, only through your line of credit, rather than savings.
         If you DON'T have your line of credit as the SECOND default,
         that's where you start incurring the returned checks and the
         associated $12 fee per item. I've read this several times now
         and I still come up with my conclusion, rather than yours.
         Perhaps others can add their interpretation, but it seems
         fairly clear to me now that I've had time to digest it.
    
         Based on my conclusion, your conclusion that "This is obviously
         a good reason to have the default be to go against lines of
         credit FIRST....." an invalid conclusion. I think we're almost
         where we were before this regulation surfaced except that there's
         this artificial barrier of 3 overdrafts from savings being
         imposed. I think I can deal with the regulation, even though
         I strongly disagree with it.
    
         This HAS to go to its own note. I know there's going to be
         some lively discussion on it!
    
    
101.37All that matters is the program that does the workDR::BLINNLet them eat barbecueWed Jun 08 1988 20:1522
        As I suggested in my note, it depends ENTIRELY on how some
        computer program has been written.  The processing isn't done by
        nice little old ladies, it's done by a program.  Our guesses about
        what the program does are largely irrelevant.  Since I don't have
        any DCU line of credit, and don't overdraw my account, it's really
        irrelevant to me which way it works, but if you really care, you
        could find out by deliberately writing checks that will test it.
        If I'm wrong, I'll pay you for the first $12 "returned check"
        charge. 
        
        Alternatively, you could try to find out who wrote the program
        and what rules it really uses.  I *very strongly* suspect that
        it's not clever enough to check for lines of credit after it's
        hit the "three overdrafts in one month against primary savings"
        rule.
        
        Also, I would have expected to see the word "AND" instead of
        "OR" in the place you indicate, to provide the sense you read
        from the notice.  But it's really irrelevant -- all that really
        matters is what the program does.
        
        Tom
101.38News from DCU operationsSALEM::ALIZIOThu Jun 09 1988 19:4014
    
    re. .37
    
    I checked with DCU operations and they confirmed that the code will
    keep track of the 3 overdrafts in a given month and hit the line
    of credit (if there is one) on the fourth and subsequent occurances.
    If you have no line of credit, the checks bounce and you get hit
    with the $12 fee per occurance. This confirmed all my conclusions
    as previously stated. 
    
    You can still send me that $12 if you want. 8^)
    
    BTW I posted a note in the CONSUMERS notesfile about this Regulation.
    
101.39Hey DCU, Where are You?SALEM::ALIZIOThu Jun 09 1988 19:428
    
    
    Hey DCU, Where are You? (That's supposed to rhyme) 8^)
    
    How about replying to my open letter?
    
                                                     Paul Alizio
    
101.40BEIRUT::SUNNAAThu Jun 09 1988 19:5225
    
    I wish DCU makes up their mind. 
    
    I usually use Baybank for my checking, but I wrote 2 checks from
    my DCU account, and didn't bother transferring money from my savings
    at DCU to my checking, and waited to see how it would be handled.
    
    The money wasn't taken out from my savings, but from my CRT.
    
    I called DCU and I was told that if there was 0 balance in my checking,
    the money will be covered from CRT first and then if there wasn't
    enough from CRT they would take it out from savings, and that they
    would take it out from Savings only 3 times a month. After that
    it will bounce.
    
    If you have Equity, they would close up your CRT (Because as this
    person told me "why would you need CRT if you have several thousands
    in your equity available to you"), and they would take the money
    to cover the checks from equity.
    
    I better stick with my baybank accounts, at least I know how things
    are handled.
    
    Nisreen
    
101.42Worth the reposting...BINKLY::WINSTONJeff Winston (Hudson, MA)Fri Jun 10 1988 02:0937
            <<< ALIEN::BLKHOL$DUA6:[NOTES$LIBRARY]CONSUMER.NOTE;1 >>>
              -< Consumer info exchange -- for Digital employees >-
================================================================================
Note 1154.5                   Federal Regulation D                        5 of 5
TOKLAS::FELDMAN "PDS, our next success"              30 lines   9-JUN-1988 18:32
--------------------------------------------------------------------------------

    The regulations involved are more complicated than simply limiting
    overdraft protection from savings accounts to three times a month.
    The whole point of this part of the regulations is that savings
    accounts are savings accounts, checking accounts are checking accounts,
    and never (well hardly ever) the twain shall meet.  Savings accounts
    are not supposed to be used as checking accounts, and that is the
    intent of this rule.
    
    I remember when federal regulations prohibited interest on checking
    accounts altogether.  Then they deregulated a little, and checking
    accounts were allowed to pay interest, but they always had to be
    at least a quarter point less than savings accounts.  With the current
    state of interest rate deregulation, these differences have
    disappeared.  So from the point of view of the consumer, I can see
    how you might object to a rule that seems obsolete.
    
    However, there are still reasons for the rule.  They're just not
    very visible to consumers.  In the case of a banking emergency,
    the rules under which you can get your money out are different for
    the two types of accounts.  They're treated differently for the
    money supply, and it wouldn't surprise me if they were treated
    differently for the purposes of calculating the banks' insurance
    premiums to the FDIC/FSLIC/etc.
    
    Besides, given that the DCU pays more interest on draft accounts
    than on savings accounts, why would you want to have a lot of money
    in your savings account?  (Why they do this is beyond me; most banks
    pay more for savings than for checking.)
    
       Gary
101.43The check's in the mail :^)DR::BLINNLet them eat barbecueFri Jun 10 1988 02:315
        Paul, thanks for getting a real answer from DCU operations.
        
        Is your mailstop in ELF accurate?
        
        Tom
101.44I can use the $12, thanks. 8^)SALEM::ALIZIOFri Jun 10 1988 13:097
    
    Tom, yes my mailstop in ELF is accurate. I don't think I'll wait
    by the mailbox in breathless anticipation waiting for your check
    to arrive though! 8^)
    
                                                       Paul
    
101.45Yoo-hoo, are you there?SALEM::ALIZIOFri Jun 10 1988 13:126
    
    Yoo-hoo DCU, where, oh where, oh where R U? (Not any better than
    yesterday's rhyme, but maybe they'll answer soon.) 8^)
    
                                                       Paul
    
101.46SALEM::RIEUBill the Cat in '88Fri Jun 10 1988 18:023
   Paul,
       Why not call John Tilley? He's at DTN 223-6735.
                                                    Denny
101.47John Who? and Valid Busy Signal?TSE::LEEBERSummer Fun!!Mon Jun 13 1988 13:5325
    RE:.46
    
    Please take note (note 103.0) that John has left (is leaving) the DCU.
    His replacement is Mary Madden. I'm told the number has not changed.
    It is (dtn) 223-6735 extension 239 (you can dial the extension on
    a TOUCH-TONE phone as soon as the automatic operator answers the
    main number).
    

    RE:.45
    
    The DCU does not directly participate in this conference. Instead,
    a relay of information is provided by volunteers. I would also guess
    that with John Tilley's pending or actual departure, that Mary Madden
    has a number of transition activities taking up her time.
    
    I would say there is a choice in actions. The first might be to
    be patient, I'm sure either John or Mary will respond in time. A
    second option might be to call John or Mary and get the answer (as
    suggested in .46 by Denny).
    
    Should you opt to call, you might decide to join the legions of
    "happy" volunteers in this conference by sharing what you discover.
    
    Carl 
101.48Official DCU ResponseTSE::LEEBERSummer Fun!!Mon Jun 20 1988 14:4041
    This is an official response by Mary Madden of the DCU. The portion of
    that response, dated 18-JUN-1988, that applies to this note topic is
    included below. See note 2.22 for more information. 
    
    Whether you agree or disagree with the response from the DCU, please
    either direct your comments to the DCU directly (dtn-223-6735) or
    post your comments as a REPLY to this entry in this conference.
    
    Carl Leeber
******************************************************************************
    To answer the open letter ...
    
    regarding the overdraft policies and options available to DCU members,
    I'll start with a reiteration of the Federal Regulation D notice
    enclosed in May's sharedraft statements:
    
    			IMPORTANT NOTICE
    
    Under Federal Regulation D, all financial institutions are required
    to limit the number of overdraft transfers FROM primary savings
    (share 1) TO any sharedraft (checking) account. The number of overdraft
    transfers cannot exceed three (3) per month.
    
    After the third overdraft transfer, each sharedraft (check) received
    must clear directly through you share draft account or line of credit.
    If there are insufficient funds, all checks will be returned and
    the account charged $12 per item.
    
    Please maintain proper balances in your sharedraft account.
    
    				-$-
    
    This regulation nets out to mean even if you select the "savings
    first" option for clearing overdrafts, the fourth overdraft in a
    month will automatically go to your line of credit.
    
    New informational literature is being generated to inform all line
    of credit applicants of their option to select either the "savings
    first" or "line of credit first" option for overdraft clearing.
    The member's signed intent is still required.
******************************************************************************
101.49Making a differenceTSE::LEEBERSummer Fun!!Mon Jun 20 1988 14:4611
    RE:. 48
    
    >New informational literature is being generated to inform all line
    >of credit applicants of their option to select either the "savings
    >first" or "line of credit first" option for overdraft clearing.
        
    I would say that this literature is a result of the input provided
    by this notes conference. From small beginnings....
    
    Carl
    {as just a humble noter}
101.50Now THAT'S a response!SALEM::ALIZIOMon Jun 20 1988 18:1912
    
    re. .49
    
    Well, it is nice to know that my letter did some good. If we had
    settled for the initial "official DCU response" it may never have
    happened. 
    
    Thank you, Mary and all those who helped to fan the winds of change.
    
                                                       Regards,
                                                       Paul
    
101.51A Little Accomodation never hurts 28815::BEKELEBe reasonable, do it MY WAY!Tue Dec 06 1988 17:369

       Why can't DCU pay a check from regular savings
       when there is enough fund in it but you have 
       exceeded the 3 overdraft limit and then charge 
       you with handling fee instead of returning the
       check?

		Dan (who_is_paying_too_much_for_being_forgetful)
101.52TOKLAS::FELDMANPDS, our next successTue Dec 06 1988 22:238
    re: .51
    
    Because Federal laws and/or Federal Reserve Board policies make
    distinctions between the two types of accounts, and prohibit the DCU
    (and other banking institutions) from using your savings account as a
    secondary checking account. 
    
       Gary
101.53Could be very dangerous to your financial healthDPDMAI::AINSLEYLess than 150 kts. is TOO slow!Wed Dec 07 1988 01:3318
    I have an account at a bank (FDIC) where an overdraft in checking
    is automatically taken from savings.
    
    There is a potential problem with this:  Someone gets one of your
    blank checks and writes it for say, $5K.  You have insufficient
    funds in checking, so you life savings get cleaned out to cover
    the check.  Of course now, your checking account has a zero balance,
    so all the valid checks you wrote, get their funds from savings
    too.  Not very nice.  This could go on until your savings were wiped
    out, or you decide to check you balance in savings, or you get your
    next monthly statement.  In any case, I would not want to be the
    employee at DCU that takes your VERY irate call after all this.
    
    BTW, it was this possible situation that caused me to decouple my
    checking and savings account.  I will just eat the service charges
    if I screw up and start bouncing checks.
    
    Bob
101.54Is it that easy?NEWVAX::PAVLICEKZot, the Ethical HackerWed Jan 25 1989 20:479
    re: .53
    
    Is it true that the bank has *NO* liability for processing a check
    with a forged signature?  I was always under the impression that
    the *SIGNATURE* was the authorization, not the blank *DRAFT*.
    
    Anyone know for certain?
    
    -- Russ
101.55TOKLAS::FELDMANPDS, our next successWed Jan 25 1989 21:4613
    My understanding (which isn't authoritative) is that the bank is
    liable for forged checks, but you have an obligation to bring it
    to the bank's attention in a timely manner.  If you wait six months
    after a forged check clears and then start bouncing checks because
    of the forgery, the bank would likely assert that they're only liable
    for the amount of the forged checks, but you're liable for all of
    the costs associated with the bounced checks, since it's your fault
    for not telling them.
    
    Of course, this is likely to vary from bank to bank and state to
    state.  I suggest asking several banks, to get several opinions.
    
       Gary