If a former bank makes a mistake in my favour who is liable?

Answers:4   |   LastUpdateAt:2012-10-22 23:56:02  

Question
Juleana
Asked at 2012-08-27 07:08:02
Basically, I had an account that had been dealing with a case of fraud by one year (yes, 1 year) after it was finally resolved in my favor. Making me and is not responsible for any charges. Before the fraud occurred in the account that was discovered. Then my closed account overdraft and fraud + were passed to a debt collection company. MedlinePlus MedlinePlus I was then mailed a check for money and it came with a letter stating the bank said it was a "refund fraud." So I finally managed to open a new bank account with a different company, and cashed the check, which cleared successfully. Then a month later I received a letter from my old bank saying that the check was a "human error" and now have to borrow money to pay the check I received. MedlinePlus MedlinePlus But physically I had wrote that it was a refund (although I suppose they did it wrong transpires) and my account has been closed for almost one year. MedlinePlus MedlinePlus My question is, am I legally responsible to repay the money? I tried to do a bit of poking around online, I never signed any contract or written letter requesting the check or for a loan. I do not bank with them and just send the check to me with a letter saying it was a refund for me. I am aware of many things, but just wanted to clear some things up in British law on counterfeiting and neglect. MedlinePlus MedlinePlus I understand that I am responsible for my overdraft yet but now my account has been closed by the same bank ... MedlinePlus MedlinePlus a letter of December 19 states that: "A check was sent by mail, which has been presented for payment. No way to eliminate human error, the error was avoidable feel and, as such, you can be sure the reaction has been the member of staff concerned. appear also after a previous conversation with Mr. A that were under the impression that the abovementioned funds belonged to you. My colleague spoke with Mr. A and not communication seems to be a misunderstanding. Mr. A was not aware that his account was closed "
MedlinePlus Any idea?
Answer1Bone ▎ ╰ つ cI Answered at 2012-09-06 23:32:03
This will depend on how strong you are mentally. You can take advantage of a genuine mistake. But never, never accept or admit that you are at fault. Write to the bank asking them to provide for you in writing the history of fraud that led to this error, you want more details. MedlinePlus Then, you create the test of their incompetence, or at least establish that none of this is your fault. then I say that the bank is not ignoring the issue of payment but will seek legal advice. This tells them that they are not alone. Then wait for 3 weeks - that have been written to you by then MedlinePlus. Write back saying they are not happy and are suffering this demand money back on top of all the problems of fraud and you feel that even though none of this caused by you and your account was in the car bank that you deserve some reward. MedlinePlus I would also add that I was so stressed about this that I will see my deputy for some assistance because the demand for money has put you in a serious situation. MedlinePlus This sounds a lot to do, but I can assure you that it is worth for you to stay in control and is likely to decline slightly all because of a couple of letters. MedlinePlus If you decide to return the money without a fight - you have the right to offer the lowest possible payment, in accordance with their income - the bank can not do anything about it - if you refuse to pay MedlinePlus. DO NOT TAKE A LOAN OR ANY WAY TO HELP THIS WAY> MedlinePlus @ @ Even though I respect HOARSMAN response is always "straight John Bull", my response is directed to the fact that never trust a bank. MedlinePlus PS> Banks have to be dragged screaming through the courts to return the money they have cheated us for years through their illegal charges.
Answer2duckAnswered at 2012-09-21 02:32:03
It appears from your account that you knew from the beginning that the "return " money had been sent by mistake.So what he did was , and is , knowingly dishonest . MedlinePlus MedlinePlus All their delays , all arguments have been designed and implemented simply to maintain this deception and benefit from it.and surprisingly , several respondents were encouraged to persevere in this deception , and try to benefit from it as much as possible . MedlinePlus MedlinePlus I think the whole subject incredibly dirty and depressing . MedlinePlus MedlinePlus I hope therefore persist with it , and finally reap the rewards they deserve .
Answer3Mom needs helpAnswered at 2012-09-28 15:14:03
You are probably responsible for the money ... however, can not require that you take out a loan and can not charge interest on the debt. MedlinePlus MedlinePlus Go to the bank in person and get it worked out as to how much they really need to ensure that no additional charges added to offer and to make small monthly debt payments . If your legal take a pocket recorder to record the conversation . If they try to rip you to say that you will see them in court and out .
Answer4KaeliAnswered at 2012-10-22 23:55:17
You have no right to keep the money . I should not have taken the money , as they should have been aware that the bank does not owe the money . You have no right to profit from bank error . You are legally and morally obligated to return the money . No matter that you did not sign a contract . And a "mistake " is not actionable misrepresentation or negligence . If they had sent a check with the secret intention to engage you in a high-interest loan , then you would have an argument .
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