On XXXX XXXX, XXXX I set up an account with Bank Of The West. The account was a fresh start account for my son. Upon opening the account, I was informed that after a year of good standing the service fees of {$12.00} a month will be dropped. On XXXX XXXX, XXXX I spoke to a branch manager to have him drop the fees, he informed me that the fees were dropped. On XXXX XXXX, XXXX I noticed the {$12.00} fees ( there have been fees taken out since XXXX XXXX ). When I spoke with a branch manager she stated that my account will continue to be a fresh start account because there was an overdraft amount of {$4.00} in XXXX XXXX. The overdraft fee was paid the very next day. There was a breech of contact because I was lead to believe that after a year of good standing my account will not be considered a fresh start account, which is why I agreed to open this type of account with this bank. I am aware of the XXXX waiver which expressly requires the bank to consider hardship. I am also aware of the banking code, which requires the banks to behave sympathetically. 
