name: M. B.

city: 22180

problem: 03/13/2000

Here is the letter I sent to the company (9TH LETTER) AND GOT NO RESPONSE! help!!!!!!!!!!!!!!!!!!!!!!

Dear X.COM:

I have had so many problems with your bank, none of them resolved. I have contacted the BBB, the FTC and the FDIC. Your customer service department has been nonchalant since my account closure/freezing on January 12, 2000.

I have been blamed and ignored. I have never received my account status restored, nor my money, and this is a last desperate attempt to get somebody to actually LOOK at my account. Apparently, nobody has looked at the history. I am tired if emails like the following, which shows a total disregard to my questions and lack of research into my situation. (Although I'll admit this was the most, and only, polite one):

Dear Customer,

Thank you for contacting X.com Customer Service. Sorry for the delay in responding to your email.

Kindly read the difference between the current balance and the available balance from our FAQ.

If you have any other concerns, kindly contact us.

Regards,

X.com(customer service)

A brief recap is: My account was closed after a deposit for a previous Chexsystem entry.

I got an email stating my account money would be returned within 10 business days. It never happened. (The rep was hho@x.com, however, the email I replied to him with was returned.) I sent an email in late January, and received a reply saying my account was "active" so I proceeded to use my Check Card. The hotel room was charged, as well as an overdraft fee (to my horror-somebody who already has a Chexsystems history freaks out when this happens and it's out of their control!) I had the money to cover it, however, NONE of my accounts were available. I’ve sent email after email, and finally after a phone call to customer service, learned my account is frozen, and there is nothing anybody can do. She admitted it was X.Com's fault, yet she couldn't help me. She told me I needed to find somebody who can "unfreeze" and reactivate my account (as well as credit it!), because nobody can close it at all without authorization. So of course I'm angry! I am also angry that it took 3 months to get an answer, but he answer didn't help me at all. All I want is a fully active account or my deposit returned to me. You have basically stolen all the money I deposited.

I was told to look on the Internet by the last anonymous rep, who apparently DIDN'T look at my account history and didn't care that I was angry.

What is “fund availability?”

Fund availability refers to when you can physically withdraw your deposits in cash, or when your deposits can be used to pay checks you have written. With all types of deposits – excluding person-to-person payments received from another member of X.com – there is a short period of time between when the funds post to your account (when the Bank receives the deposit) and when the funds become available. This period of time accounts for differences in your “Current Balance” and your “Available Balance.”

The goal of the Bank is to make funds from your deposits available to you as quickly as possible. Availability depends on a number of factors: when the Bank physically receives the deposit, what specific type of deposit it is, and other conditions described in detail below. Remember: If you have recently made deposit by standard mail, you will need to allow extra time for that deposit to post.

Time from deposit to fund availability:

The Bank accepts deposits on Business Days, which are Monday through Friday. The Bank does not accept or post deposits on Saturdays, Sundays, or federal holidays. If you make an electronic transfer deposit before 8:00 a.m. Eastern Time on a Business Day, the deposit post to your account that day. However, if the Bank receives your electronic transfer deposit after 8:00 a.m. Eastern Time or on a Saturday, Sunday or federal holiday, the deposit will post on the next business day. Paper checks and other paper instruments mailed to the Bank are considered deposited on the business day they are received. Checks and other paper instruments are received by the Bank at the time the mail is delivered to the Bank.

My deposit was made in December. Why in hell would you hold my money unavailable for three months? There is no evidence of fraud. Nobody has read any of my emails entirely!

Here are some terms of agreement you HAVE violated. I have tried to close my account, and get my deposit back to no avail, even though I like your services:

ACCOUNT CLOSING: Your Right to Close Account. You agree to notify us of your intention to close your Deposit Account, and we reserve the right to request that your notice be in writing. After a Deposit Account is closed, we have no obligation to accept deposits or pay any outstanding checks, but we may do so at our option. You agree to hold us harmless for refusing to honor any check drawn on a closed account.

Our Right to Close Your Account. For security reasons, we may close your Deposit Account and require you to open a new account if there is a change in authorized signers, there has been a forgery or fraud reported or committed involving your Deposit Account, any Deposit Account checks are lost or stolen, you have too many transfers from a Deposit Account that has transaction limitations, or you have violated any other provision of an agreement you have with us.

You also have violated the following:

You further understand that in certain circumstances we will have the right under this Agreement to:

4. Charge or credit a transaction to another of your Accounts if you use your Access Devices to access an Account that is no longer available or that lacks sufficient funds to complete the transaction.

- I have always had sufficient funds to complete transactions. Everyone working on my "problem" has ignored the account screen. (Showing that I had plenty of money in my account for the ONE transaction outside of X.COM.

You further understand that in certain circumstances we will have the right under this Agreement to:

1. Cancel your Access Devices at any time without notice if we receive notice of your default or for security reasons.

4. Charge or credit a transaction to another of your Accounts if you use your Access Devices to access an Account that is no longer available or that lacks sufficient funds to complete the transaction.

You are liable under the agreement we signed for the following reason: My money, deposited on the 30th of December, 1999, was not made available and my account has been frozen ever since.

Hence, the transactions you refused (I can't close my accounts, my line of credit disappeared, and I have no access to MY MONEY.

My first complaint was in early January--I have records of each email, phone call, and letter at home.

This is not a very timely manner, and in fact, is ALSO in violation of our contract:

Our Liability for Failure to Complete Transactions If we does not complete a transaction from your Account on time or in the correct amount and according to our Agreement with you, we will be liable for your losses or damages proximately caused by this failure. However, there are same exceptions. For instance, we will not be liable if:

1. Through no fault of ours, you do not have enough available funds in your Account, including any available overdraft line, to make the transaction.

- My account money being unavailable without explanation or resolution IS your fault! Besides the fact that my overdraft lines disappeared with out notice.

TERMINATION OF CREDIT PRIVILEGES. Lender reserves the right to terminate Borrower's right to obtain additional Advances on the Overdraft Account ("Credit Privileges") by notifying Borrower. Lender may terminate Credit Privileges in its sole discretion and even if there is not an Event of Default. After termination of Credit Privileges, Borrower shall be obligated to pay all amounts outstanding on the Overdraft Account pursuant to the terms of this Agreement after termination until all such amounts have been paid. If this is a joint account, any Borrower may terminate Credit Privileges on the Overdraft Account for all Borrowers, by providing written notice to Lender, but no such termination shall be effective until Lender has processed (at its option) all Advances requested by any of Borrower.

COLLECTION COSTS. To the extent permitted by law, Borrower agrees to pay Lender's reasonable fees and costs, including, but not limited to, fees and costs of attorneys (other than the salaried employees of Lender) and other agents (including without limitation paralegals, clerks and consultants), which are incurred by Lender in collecting any amount due or enforcing any right or remedy under this Agreement, including, but not limited to, fees and costs incurred on appeal, in bankruptcy, and for post-judgment collection actions, and whether or not suit is brought.

-I was never in default of the overdraft line ( I never had the need to use it) However, my overdraft line of credit was cancelled with no notice, as well as my account money frozen without notice.

Please look into this and resolve this. I would hate to have to put a black mark on YOUR banking history with the regulatory authorities. (Even though I've already sent them the complaints) In the future, I suggest you follow your own guidelines, believe that every mistake of this magnitude is one X.COM is responsible for, and make it up to the customers before you lose them as well as the people they have referred.

Please respond to this letter in a timely manner. -M. B.