Legal Question in Banking Law in California

Airline shut down 5 hours after payment was processed...

I recently booked 2 airline tickets for travel and submitted payment for tickets from my WaMu debit card, only to find out that the airline shut down 5 hours later. I tried to stop payment, and had constant communication over 5 days with various members of the banks customer service support team (all dates, times and names are documented). 5 days later, after shutting down, the airline received payment. I filed a claim with Wamu, including faxed information on the airlines decision to shut down, date and time of the announcement, public statement on airline website, all bank statements and transaction statements. Received confirmation that fax went through successfully. The bank credited my account for the amount in question, with the option to cancel this credit upon further investigation by the bank. Two months later, I received a notice that their investigation showed that I had not provided adequate information in the matter and that they were rescinding the credit. This notice was received on the exact day they were to withdraw the original funds. There is little recourse against the airline now, but what can be done to reclaim my funds from the bank? Can they be taken to small claims court to retrieve the funds?


Asked on 7/09/08, 12:02 am

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Airline shut down 5 hours after payment was processed...

I would encourage you to sue WaMu in small claims court, and to also sue and/or file a claim against the airline in U.S. Bankruptcy Court. Next time save 50c and use the "credit card" (not "debit card") option, that way you will have greater rights to dispute the charge.

Please consult and/or post to consumerist.com and flyertalk.com .

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Answered on 7/09/08, 12:17 am


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