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#131362 - 11/17/03 08:55 PM Reg E Letter
Anonymous
Unregistered

During our last compliance exam the examiners said we need to send anyone who we do not give credit in a Reg E dispute a written explanation. Does anyone have a letter they can share? Thanks. kbarton@pavillionbank.com

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Operations Compliance
#131363 - 11/18/03 03:58 AM Re: Reg E Letter
Andy_Z Offline
10K Club
Andy_Z
Joined: Oct 2000
Posts: 27,750
On the Net
OK, but don't blame me for a long post. Here is a possible series of letters depending on the circumstance, which is prior to the letters text in these examples.

Provisional Credit Letter

<Date>

<Customer Name>
<Customer Address>
<Customer Address>


Dear <Name>,

This letter is to inform you that on _<date>_ your account _<(number)>_ was given a provisional credit in the amount of _<deposit amount>_.. This is a temporary credit provided for you until we have completed your claim.

This provisional credit is in response to the electronic fund transfer claim you filed on _<date>_. This credit is being made to your account while we investigate your claim. The final resolution of your claim will be determined as quickly as possible, but no later than _<date>_. Until your claim is resolved, you have full use of these funds.

If your claim is denied, this provisional credit will be debited (charged) against your account. You will be notified in this event.

Should you have questions regarding this provisional credit, please do not hesitate to call me at _<phone number>_.

Sincerely,



<investigator name>
ATM Department

Certified Mail # <number>
Return Receipt Requested
==============================
Resolution of Claim - Error

<Date>

<Customer Name>
<Customer Address>
<Customer Address>


Dear <Name>,

This letter is to inform you that we have made a final determination regarding your electronic fund transfer claim dated _<date>_.

{Case facts inserted here.}

Based on the facts of our investigation, your claim is found to be valid. As of _<date>_, your account <(number)>_ has been credited for a total of _<$amount>_. This amount is itemized as follows:

Claim Amount: $
Less your liability: $
Plus fees, charges & interest $
Amount of deposit $


Should you have questions regarding this claim, please do not hesitate to call me at _<phone number>_.

Sincerely,



<investigator name>
ATM Department

Certified Mail # <number>
Return Receipt Requested
===================================
Resolution on Claim - Error - Provisional Credit

<Date>

<Customer Name>
<Customer Address>
<Customer Address>


Dear <Name>,

This letter is to inform you that we have made a final determination regarding your electronic fund transfer claim dated _<date>_.

{Case facts inserted here.}

Based on the facts of our investigation, your claim is found to be valid. On _<date>_ you were notified of a provisional credit (a temporary credit until we have completed our investigation) being made of _<$amount>_ to your account _<(number)>_. This provisional credit is permanent and is not subject to reclamation by the bank.

We apologize for any inconvenience this error may have caused you.

Should you have questions regarding this claim, please do not hesitate to call me at _<phone number>_.

Sincerely,



<investigator name>
ATM Department

Certified Mail # <number>
Return Receipt Requested
==========================================
Resolution of Claim - No Error

<Date>

<Customer Name>
<Customer Address>
<Customer Address>


Dear <Name>,

This letter is to inform you that we have made a final determination regarding your electronic fund transfer claim dated _<date>_.

{Case facts inserted here.}

Based on the facts of our investigation, we do not find that an error has occurred. Therefore, no funds will be credited to your account as a result of this claim.

Please contact me at _<phone number>_ if you would like to review the evidence which was used to resolve your claim, or if you have any further questions.

Should you have questions regarding this claim’s process, please do not hesitate to call me at _<phone number>_.

Sincerely,



<investigator name>
ATM Department

Certified Mail # <number>
Return Receipt Requested
=============================
Resolution of Claim - No Error - Provisional Credit Debited

<Date>

<Customer Name>
<Customer Address>
<Customer Address>


Dear <Name>,

This letter is to inform you that we have made a final determination regarding your electronic fund transfer claim dated _<date>_.

{Case facts inserted here.}

Based on the facts of our investigation, we do not find that an error has occurred. Your account _<(number)>_ was given a provisional credit (temporary until we completed the claim investigation) in the amount of _<$amount>_ on _<date>_.

As of this date, the provisional credit amount is being charged back against your account. We will honor checks, drafts and similar paper instruments payable to third parties and preauthorized transfers against your account (based on this amount being charged back) for five business days from today. Additionally, we will not charge you any handling fees if your account becomes overdrawn because of the charge-back.

Please contact me at _<phone number>_ if you would like to review the evidence which was used to resolve your claim, or if you have any further questions. If you have any comments about this claims process, please call the ATM Department and ask for the department manager, Anonymous.

Sincerely,



<investigator name>
ATM Department

Certified Mail # <number>
Return Receipt Requested
==============================================
Final Determination of Claim - Withdrawn

<Date>

<Customer Name>
<Customer Address>
<Customer Address>


Dear <Name>,

You advised us that you have chosen to withdraw your electronic fund transfer claim originally filed on _<date>_.

{Facts of case.}

Based on the above facts, you have concluded that no error occurred, thus we are closing this claim.

Please contact me at _<phone number>_ if you have any further questions. If you have any comments about this claims process, please call the ATM Department and ask for the department manager, Anonymous.

Sincerely,



<investigator name>
ATM Department

Certified Mail # <number>
Return Receipt Requested


Case facts are , Who placed the claim, What was taken, When did they occur, who did you talk with, photos were(not) reviewed, etc...
_________________________
AndyZ CRCM
My opinions are not necessarily my employers.
R+R-R=R+R
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#131364 - 11/18/03 02:00 PM Re: Reg E Letter
sue's mom Offline
Gold Star
sue's mom
Joined: Feb 2003
Posts: 455
IL
Thanks for your help. These are always good to have available.

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#131365 - 11/19/03 08:30 PM Re: Reg E Letter
Anonymous
Unregistered

Thanks. This will help alot.

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#1580239 - 07/20/11 02:27 PM Re: Reg E Letter Andy_Z
Tabbetha, CRCM Offline
Junior Member
Joined: Feb 2009
Posts: 49
Biloxi, Mississippi
This has helped me greatly. Thanks for the post!

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#1724685 - 07/30/12 01:05 PM Re: Reg E Letter Anonymous
mlongbons Offline
Junior Member
Joined: Jun 2012
Posts: 28
Do we need to send the letter that indicates the customer has withdrawn the claim if they withdraw it the same day they initiate it? I can not find anything in the Reg that discusses this. Thanks.

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#1724933 - 07/30/12 07:23 PM Re: Reg E Letter Anonymous
John Burnett Offline
10K Club
John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
That's because there's no requirement for such a letter. It's really a CYA procedure that makes it easier to document your compliance. It's human nature to put more credence in a copy of a notice or letter than in an annotation that something happened.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

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#1808174 - 04/25/13 06:47 PM Re: Reg E Letter Anonymous
MMA Offline
New Poster
Joined: Aug 2012
Posts: 21
In the case where the customer notifies us more than 60 days from first statement showing the unauthorized transaction, can we use our standard error resolution language, such as "we have concluded our investigation and determined the claim is valid...we are crediting your account in X amount", even if X amount is not the full amount of the claim because the customer is liable for the amounts past 60 days? Or do we need to explain in the error resolution letter that they are liable for the transactions occuring after 60 days from the statement showing the first unauthorized transaction, and that is why we are only crediting the amount of transactions that occurred within the first 60 days?

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#1808396 - 04/26/13 02:15 PM Re: Reg E Letter Anonymous
John Burnett Offline
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John Burnett
Joined: Oct 2000
Posts: 40,086
Cape Cod
I'd suggest you use the latter approach unless you relish the thought of fielding questions about the amount you've credited. The regulation isn't a model of clarity on the question, especially since you're operating under section 1005.6 rather than 1005.11.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8

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#1843421 - 08/16/13 10:15 PM Re: Reg E Letter Anonymous
vidaxi Offline
Member
Joined: Aug 2013
Posts: 66
Is there a letter that you can share where the customer initiated a dispute and was issued provisional credit but has now closed account and transaction came back as valid. Customer now owes us these funds but we can't charge it back to acct due to it being closed. Is there a letter that would inform the customer of his obligation to come and pay the bank in a specified time period?

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#1843443 - 08/16/13 10:50 PM Re: Reg E Letter Anonymous
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,367
Galveston, TX
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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