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  • Owing a bank money (their own fault)

    So this is something that is happening to a mate and I thought I would throw it out here to get opinions on what would be the best way to proceed.

    I have a friend who had an account (just a normal debit account) with 'X' bank. There was an issue where this persons card was used (or at least the card's details were used) to purchase something (which of course wasn't done by my friend). Since then, my friend decided that they don't want to use the account anymore and proceeded to pretty much take everything out of it. They left the account open as they were expecting the bank to refund the stolen money back into the account, in which they would then withdraw it and close the account.

    Now this happened, but the problem was, the bank fucked up and refunded the money twice, and the company which the stolen details were used at also refunded the money into this account. So instead of getting '$Y' back, they got 3 times the amount back (this being a fuck up on the banks behalf). With the intent of closing the account and also not having anything going into this account anymore, it is reasonable to assume that all money going into it was from the bank.

    They money was then taken out (legitimately didn't know that the bank had fucked up and deposited too much money) and wanted to close the account. They then got a letter in the mail saying that the bank fucked up and to re-deposit whatever they gave her too much back into the account (I think it is $4-600). The issue is, my mate isn't able to afford this at all.

    Now I know that banks can waive these 'owings' of money and they do it all the time, but the interesting thing is that my mate got a letter the other day saying that there is still money owing on the account and if they don't deposit it within 30 days, the account will be closed (which is what they wanted in the first place).

    Where does one go from here? The obvious answer would be to pay the money back, but the issue here is that there is no money to allow this person to pay back.

  • #2
    I guess your friend will be paying some sort of late fee/interest the bank if the sum is not paid in full.

    Comment


    • #3
      If I am reading this correctly, your 'friend' has spent the money that was not legally his or hers in the first place.
      Surely having an account with limited funds, you would know within $50 or so how much was in there.
      Simple theft as far as I can see and he/she will have to repay it or possibly face prosecution.
      Banking errors are not a free meal ticket.

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      • #4
        Your mate is a fucktard. If he can't afford to pay it back, he shouldn't have taken it in the first place.
        Please don't ask questions you clearly know the fucking answer to, you smarmy prick.

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        • #5
          So, empty account, she was expecting something like $200 back, somehow ends up with $600, doesn't realise the bank made a mistake?

          Bullshit, your mate knew the bank had made a mistake, and tried to steal the money. It's not the banks fault that your mate is a lying, stealing scumbag...

          It's only different from the two Kiwis who stole $10 million from a bank error in terms of scale, the principle is still the same. Theft is theft, and only arseholes do it.
          Last edited by BenG; 17-12-2012, 07:13 PM.

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          • #6
            My first question would be why did your friend not question that there was 3 x more money than they expected to be returned.

            Now in regards to the dealings with the bank, I would suggest that your friend first writes to the bank to explain the extenuating circumstances that prevents them repaying the money and asking that the bank waive the debt to them. The letter should also explain why they did not realise why the money was more than they expected.

            If this fails, then your friend should then make a written offer to repay the debt at a rate that they can afford (maybe $50 per week or per fortnight).

            By doing this in writing, your friend has proof that they are attempting to resolve the issue.

            The other thing is to get some sort of legal advice..... Even if that is talking to legal aid or a community law centre

            Comment


            • #7
              The old I have a mate trick I like it!

              I would get on the next plane and get out of the country!



              Oh wai..... $600..... hahaha why would you even bother!

              RR
              http://www.cleanride.com.au - https://www.facebook.com/cleanridedetailingstudio/ - https://twitter.com/CleanRideAD - https://www.instagram.com/clean_ride_aus/

              Comment


              • #8
                Originally posted by Bowlen View Post
                they gave her too much back into the account

                Obligatory PSB question, is she hot?
                I used to have a nice sig offering to shadow ppl. Now I have no sig...

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                • #9
                  Let's not be too harsh...

                  Can your 'friend' count past ten?

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                  • #10
                    Could let it drag on for a while, and eventually someone in the bank will review it and decide that it's not worth spending a bunch of bank resources and staff time in chasing it up.

                    But really, you your friend should pay it back. At whatever dollars per week that can be afforded.

                    Not a particularly brilliant decision to spend the money.
                    One owner. Only driven gently on Sundays. Sold to best offer. First to see will buy. Reward offered for safe return. Coming soon to a cinema near you. Available for a limited time only.

                    My waterbed broke this morning. Oh, I don't have a waterbed. Bugger.

                    Comment


                    • #11
                      Originally posted by Bowlen View Post
                      They then got a letter in the mail saying that the bank fucked up and to re-deposit whatever they gave her too much back into the account (I think it is $4-600).

                      Now I know that banks can waive these 'owings' of money and they do it all the time, but the interesting thing is that my mate got a letter the other day saying that there is still money owing on the account
                      Also, by the sounds of these two sentences, you(r mate) ignored the first letter, expecting the bank to waive it then got all surprised when the second letter came.

                      If you(r mate) wanted the money waived, you(r mate) should have explained the situation to the bank as soon as the first letter arrived. If I was the bank manager, and you(r mate) completely ignored the first letter, then I would chase you down for every last cent for the principle of the matter, regardless of whether or not you(r mate) could afford it.

                      Originally posted by Phildo View Post
                      decide that it's not worth spending a bunch of bank resources and staff time in chasing it up.
                      They won't waste any more bank resources, just hand it over to a debt collector, to recover the stolen money, plus interest, plus the recovery costs. It won't cost them a cent.

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                      • #12
                        Originally posted by Bowlen View Post
                        ...whatever they gave her too much back into the account...
                        Ah, it's a she.

                        Female, meet chrome pole. Chrome pole, meet female.

                        Should be able to pay it back after the first weekend.
                        One owner. Only driven gently on Sundays. Sold to best offer. First to see will buy. Reward offered for safe return. Coming soon to a cinema near you. Available for a limited time only.

                        My waterbed broke this morning. Oh, I don't have a waterbed. Bugger.

                        Comment


                        • #13
                          Yeah. Nah.

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                          • #14
                            If your friend owns nothing then tell the bank they don't have the cash to pay it back and they have no intention of doing so. They can't get blood from a stone and court costs will drag them further into a debt they will not recover. If they have property or forfeitable goods the bank will be coming for it sooner or later so they may as well organise a repayment schedule. If they can get away with it screw the bank, if not, pay the bank.

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                            • #15
                              You are asking us our opinion on theft?
                              How is this theft the "banks own fault"?

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