Credit Union Liability For Failure To Make Transfer
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9. Credit Union Liability for Failure to Make Transfer. If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events:

a. Liability for Direct or Consequential Damages.

  • If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds or pursuant to our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit.
  • If you used your Card or access code in an incorrect manner.
  • If the ATM where you are making the transfer does not have enough cash.
  • If the ATM was not working properly and you knew about the problem when you started the transaction.
  • If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction.
  • If the money in your account is subject to legal process or other claim.
  • If funds in your account are pledged as collateral or frozen because of a delinquent loan.
  • If the error was caused by a system of any participating ATM network.
  • If the electronic transfer is not complete as a result of your willful or negligent use of your Card, access code, or any EFT facility for making such transfers.
  • If the telephone or computer equipment you use to conduct audio response or electronic/PC transactions is not working properly and you know or should have known about the breakdown when you started the transaction.
  • Any other exceptions as established by the Credit Union.

b. Stop Payment Rights. If you have arranged in advance to make regular electronic fund transfers out of your account(s) for money you owe others, you may stop payment of preauthorized transfers from your account. You must notify us orally or in writing at any time up to three (3) business days before the scheduled date of the transfer. We may require written confirmation of the stop payment order to be made within fourteen (14) days of any oral notification. If we do not receive the written confirmation, the oral stop payment order shall cease to be binding fourteen (14) days after it has been made.

c. Notice of Varying Amounts. If these regular payments may vary in amount, the person you are going to pay is required to tell you, ten (10) days before each payment, when it will be made and how much it will be. You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.

d. Liability for Failure to Stop Payment of Preauthorized Transfers. If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

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David Fattaleh - davidfattaleh.com and
Steve Shaluta - steveshaluta.com

How do you like our new website? What would you like to see added to this website?
Please respond to administrator@scuwv.com