My bank stole $10,000 from me

I'm pretty pissed off about this, and was wondering what the OzBargain community makes of it.

I'm going through a nasty divorce, and my ex-wife somehow got access to my Debit card and paid her lawyers $10,000 with it. We'd been living apart for 2 years but she must of kept a record of the number.

When I went to the bank report it, they issued a new card and asked if I wanted to instigate fraud proceedings against her to get the money back. They were really trying to talk me out of it - "We will have to go to court, and sitting in court against a family member is really traumatic" etc. In the interests of not inflaming the divorce situation, I decided to not push the matter. Also I figured it would just get calculated into the payout that I would have to give her.

Now, months later I have become aware that the bank has reversed the transaction to the lawyer, and has kept the money for themselves. So, of course, this has inflamed the situation, as my ex thinks I have instigated fraud proceedings, and I can't adjust the payout for it - just what I was trying to avoid.

Is it legal for the bank to do this - I'm now in a position I was trying to avoid, and they have $10,000 of my money!!

Do I have any right to ask them for my money back?

Comments

  • +12

    You haven't mentioned how you have come to know that the transactions to the lawyer has been reversed… It would be helpful to know whether it actually got reversed or not.

    Banks do their reconciliations daily and if there has been a reversal from one account and no credit to another, there will be an outstanding discrepancy sitting somewhere. The discrepancy wouldn't just "go away"….

    I, personally, would pursue it the same way the bank would pursue me if I owed them $10,000.

    • -7

      You haven't mentioned how you have come to know that the transactions to the lawyer has been reversed

      My ex has shown me letters from the lawyer to her which state that. She claims the original money was jointly hers (which it wasn't), so now she is mega pissed off that she has to pay the $10,000 out of her own funds.

      Banks do their reconciliations daily and if there has been a reversal from one account and no credit to another, there will be an outstanding discrepancy sitting somewhere.

      I don't think this is a mistake - I think this is a deliberate way for the bank to make money, so there won't be any "discrepancy". They will just keep the money.

      • +11

        My ex has shown me letters from the lawyer to her which state that. She claims the original money was jointly hers (which it wasn't), so now she is mega pissed off that she has to pay the $10,000 out of her own funds.

        Did you formally lodge a dispute on those transactions? You said before that you didnt want to push the matter further, yet, the bank has reversed the transactions? The bank wouldn't go around reversing transactions unless they had some something to trigger those actions.

        And if for some reason, they did try to reverse the transaction. it's possible that the reversal was not successful and they have then written to the account owner to try recover those funds.

        I don't think this is a mistake - I think this is a deliberate way for the bank to make money, so there won't be any "discrepancy". They will just keep the money.

        Jumping to conclusions like this will not help your case. What reason did the bank give you for not crediting those funds back into your account?

        The best thing to do right now is to walk into a bank, sit down, and have a talk to someone there. Fill out whatever forms you need to fill out so that your enquiry/dispute becomes official. All banks have their own dispute resolution process that they will need to follow.

        Once you've gone through the bank's internal dispute process and you're still not happy, then your next step is to take it to the Financial Ombudsman Service.

        • -8

          Jumping to conclusions like this will not help your case.

          I don't know what other conclusion to jump to. The bank, from all the information that I have, has decided to reclaim my money from the lawyer, and yet has not contacted me to say "we have your money". This happened months ago, so I'm pretty confident that it's not going to happen now.

          What reason did the bank give you for not crediting those funds back into your account?

          I haven't asked the bank yet. Was hoping to get some constructive advice from this forum to see if this is some sort of loophole that is actually possibly legal before I get into a big fight with the bank. Remember that I didn't instigate fraud proceedings, so I'm trying to understand if this somehow means it's not "my money" any more and the bank can do what they want.

        • +6

          I don't know what other conclusion to jump to. The bank, from all the information that I have, has decided to reclaim my money from the lawyer, and yet has not contacted me to say "we have your money". This happened months ago, so I'm pretty confident that it's not going to happen now.

          Why don't you just phone the bank and ask them what happened?

          Was hoping to get some constructive advice from this forum to see if this is some sort of loophole that is actually possibly legal before I get into a big fight with the bank. Remember that I didn't instigate fraud proceedings, so I'm trying to understand if this somehow means it's not "my money" any more and the bank can do what they want.

          How about an equally illogical analogy…. Someone steals your car. You decide not to report it to the police. A stranger finds your car. Now he owns it because you didn't report it as stolen.

        • +2

          Mate, a bank wouldn't go to any length to try to steal $10,000. That's nothing for a bank.

          Just call the bank and ask what the deal is.

  • +24

    Having previous knowledge in the industry you are not giving us the full story, and you can't possibly get correct advice here if you don't provide all the facts. Fill in all the holes otherwise skip here and just strictly consult your lawyer.

    The one advice I will give, CLOSE any accounts you have and open brand new ones, solely in your name, with a DIFFERENT financial institution to 100% sure she cannot access the funds again. Use different PIN numbers, change all internet banking passwords and email passwords.

    • -6

      Why do you think this isn't the full story? Because banks wouldn't act like that based on your inside knowledge?

      I'm not trying to be antagonistic with those questions, but advice on this from someone with industry knowledge is exactly what I'm after.

      • +11

        Bank in Australia are highly regulated. They will game the system and charge you through the nose, but I highly doubt any would risk stealing $10k in such an obvious manner.

      • +15

        If your scenario is complete and true, banks don't simply "keep" disputed money. A simple phone call to them and they would have given you the exact specific reason they are holding the funds.

        You have either not enquired or disputed, or you haven't given us their response and "haven't given us the full story"

        • +32

          Wait a minute… you've been here… effectively accusing the bank of stealing your money to make a quick profit, yet you haven't even tried asking for the money back??

          oh my……

        • +38

          You've accused the bank of fraud and stealing and haven't even spoken to them??

          Advice? Call the bank. It's probably being held there awaiting your contact….

          Close thread. Waste of time.

        • -7

          @asapi: With that kind of attitude, no wonder you went through a nasty divorce…

        • +3

          I have to defend the OP a bit here. Although I agree with people saying to contact the bank and ask questions in order to get some facts first.
          On the other hand, banks have been found and proven to break many laws as well as act in complete ruthless, unethical ways in order to maximise profits. I can't believe how so many people here are more than happy to side with these financial institutions, although they are often paying huge fees and charges/interest, in order for the banks to be able to pay their bosses millions of dollars in salaries and bonuses.
          These matters have been in the news lately with thousands of people losing life savings over investment and superannuation funds moved illegally without consent to higher risk funds. No wonder there has been a huge influx of more ethical Halal super fund investments. No, I am not a Muslem, but I try to defend what is correct, not just by a countries laws but ethically as well.

      • +1

        $10k is probably nothing to banks, I doubt they would risk getting into trouble and damage their reputation for a tiny $10k

        • +4

          Well I'm not sure which bank doesn't care about 10k in profit. But I used to bank with the cba. But one time they screwed up a investment transaction of mine and costed me a minor $75. At first was friendly communication about how they will help, ended up with cold transfers to the guy who was supposed to help and failed promises to call back.

          I find with banks, anything remotely difficult to deal with, they just avoid. Even if it's for a minor amount, so they have no repute in my eyes from $75.

        • +1

          @cloudy:

          I'm sure every bank cares about $10k profit, but their business and reputation is worth a lot lot more than that. $10k is probably like $10 to them. Would you risk going to jail over $10?

  • +21

    Have you tried asking your bank why they haven't returned the $10 k?

  • +9

    I work at a bank, our brand is everything and there is no legal reason to suggest a bank could or would do what your suggesting unless you bank through Dodgey Jim's Financial Services (no offence if someone does). But if it went down the way you say it did, they could risk losing their licence. 10k isnt something a bank would risk their business over, if anything at all. Ergo as everyone else has eluded too, you either dont understand whats happened or your leaving something critical out. Go talk to your bank to understand it better or contact someone with the pull to be able to get the real details of what went down. If your looking for sympathy, try facebook.

    • If your looking for sympathy, try facebook.

      No, not looking for sympathy. Looking to see if anyone has advice as to whether what they did is actually legal or not. If I didn't instigate fraud proceedings does the money cease to be mine and they can take it, as they seem to have done?

      • +18

        Looking to see if anyone has advice …

        You are asking for advice. Everyone here is advising you to talk to the bank. While you turn blind eye to these advice and keep repeating youself.

        Don't understand your mentality.

      • +2

        You don't even know what they did until you ask them, so how can we answer your question? It could be a mistake which is easily fixed, or the money could actually be with your wife or her solicitors (despite what they're claiming).

        Here is your advice: Go and speak to the bank.

        • +5

          Maybe it is your ex-wife who is trying to shaft you for another $10,000.

          Why are you even blaming the bank before even trying to get all the details together e.g. go ask your bank?

    • +4

      cypher67, you are deluded if you think the big four banks don't do anything naughty because their "brand is everything".

      Banks, like everyone else, can and do, make mistakes.

      Speaking as a solicitor, I've seen at least two of the big four do something wrongful to the detriment of the account owner, and refuse to correct their errors until proceedings are threatened.

      • +4

        I still stand by the Bank's side, until the OP stops crying like a baby and start to find out what has happened.

        We can only speculate as much as we can, but there is so many variables.

        1. Solicitors Shafting you.
        2. Ex Wife Shafting you.
        3. Bank shaft you.
        4. All of the above.
      • +1

        Thank you kipps. Can't agree more. Banks often use lawyers in order to change rules and regulations, find loopholes in order to maximise profits.

  • +7

    What's with the title, the bank hasn't stolen money from you? What a joke.

  • +3

    Do I have any right to ask them for my money back?

    If you are really asking this question, then you are not telling us the full story. I think there is something else going on here.

    • You can read between the lines all that you want to - I have laid out the facts as I know them.

      All I'm after is advice as to whether the money somehow legally ceases to be "my money" if I didn't pursue the option to start fraud proceedings?

  • Was it a debit Visa, debit Mastercard card or a EFTPOS debit card, your wife used ?

    • What's the diff ?

      • +2

        You can't use an eftpos card without physically having the card.

  • +2

    Point your finger at her lawyers.

    Here's how Lawyers can turn $10,000 into $0

    1. Your bill is $10,000 please for our services.
    2. Here's my $10,000 thanks.
    3. Where did this $10,000 come from ?
    4. My ex's account - but half of it belongs to me anyway
    5. We can't take your money -WE'VE INSTRUCTED THE BANK TO TAKE IT BACK - here's a copy.
    6. Here is your bill again - note we've added the cost of returning the $10,000
    7. I don't have $11,000 - I'll ask my ex to pay
    8. No, sorry, I don't have $11,000 - someone took $10,000 and never returned it - was that you?
    9. BS - you're hiding it from me, now I'm pist at you more.
      10 Go and see your lawyer and I'll go see mine.
  • +4

    Go to your bank and request a "trace" on the transaction.

    That should tell you everything about the transaction.

    Keeping record of a number, doesn't usually allow someone to spend $10,000

    I'm assuming the number you are referring to is your password, I know with my bank if i add
    a new payee and try to pay someone new, it wants me to verify payment via sms.

    I also think you may need to order a statement for all the transactions afterward.

    The lawyers account has probably gone up to 20k, and that's why they are asking for another 10k

  • +10

    Step 1. Go to the bank.
    Step 2. Explain the situation nicely to the staff member without flapping your arms around, raising your voice or accusing them of stealing your money. (If you make the individual upset they're likely to take it personally and not do their best in helping you. It's human nature)
    Step 3. Ask for a trace on the money to find out where it is.
    Step 4. The money goes back into your account within 45 days or you see the banking ombudsman if no success after that time.

    There's your advise.

    The banks can not and will not take your money unless in error. If there's an error they will endevour to return the money to its owner but it may take time and you need to let them know there was an error. If they don't, go see the banking ombudsman.
    Next time see the source first (the bank) and don't ask advise from people like us that have heard things from the rumor mill or advise from people that heard it from their mothers brothers best friends mum. Good luck with the divorce.

  • +2

    So rather then going in and seeing your bank manager first, you decided to make a thread about them stealing your money?

    Banks handle millions of dollars per hour, your 10k isnt worth being dragged over the coals for.

    So OP, grow a pair, go and see your bank manager first, take any/all evidence you have with you, and keep copies of all correspondence from now on. Good chance its sitting in limbo in your account frozen, you just cant see it via internet banking etc, just waiting clearance from the manager to be released.

  • +3

    Such a nonsense post. A bank does not want to 'steal' your 10k it's nothing to a bank! Of course if the money was truly reversed you are entitled to it. Chances are it was not reversed (issue is with lawyer or ex-wife) or it's waiting for you to fill out some forms

    For the love of god change your attitude before you go to the bank. Quit the crazy person accusations and go straighten it out.

  • +8

    Sorry but this thread is a waste of time. You havent even contacted the bank yet which a reasonable person would have done

  • +7

    God I love intelligent, rational people :)

    • +4

      Thanks :-)

  • +7

    Awesome post, a person who doesn't have the balls to go into a bank and check out the situation decides to come onto Ozbargain to gather a group to cheer him on to give him the courage to ask the bank what has happened.

    A bank just doesn't steal your money, it all leads to a paper trail, 10k in the eye of the bank is just spare change, they won't do such a thing that would cause so much trouble for them.

    Logically it is easy to solve this problem, but you haven't thought about logic, the only logic you have thought about is complaining on Ozbargain which doesn't even have any authority at all.

    This ain't B1tchpool.

  • I think the big question here is why do you have $10,000 sitting on your debit card in the first place?

  • Reading between the lines, it sounds like what you are really trying to understand is the meaning of "instigate fraud proceedings" before engaging into further legal issues. This should not have been an accusation of the bank.

  • +1

    Have you been to the bank yet?

    (why has this thread got negs in it, so much for a discussion)

  • -5

    Thanks all for your constructive help. Of course I'm going to go to the bank - was just hoping to get some informed advice here before doing that.

    • +2

      For us to provide "informed advice", you needed to give us the full story. And what else can we do other than start talking to the bank?

      We can't start a bikie gang to come by and hassle them and neither ozbargain them to death. You need to take the first step.

      Personally, I think you didn't think this forum post through and got mixed up in all this emotion.

      Go talk to your bank.

    • +2

      The advice is to speak to the bank first and then seek advice if you still have questions… after you have spoken to them.

    • +4

      Do you want us to hold your hand too?

  • +8

    Contrary to popular belief and Today Tonight hysteria, banks in Australia don't steal your money in such a blatant fashion. Starting a topic with 'Bank stole my money' provides us with insight into you mindset/approach and from my experience that sort of mindset is very counterproductive when trying to find a solution to your problem.

    As mentioned several times above, the first port of call isn't Ozbargain, rather the bank. Talk to them, understand the issue (if there is one) and I'm sure you'll find a resolution. I highly recommend an attitude adjustment when dealing with them to ensure the matter is resolved in a speedy fashion.

  • +4

    From what I understand, the money was once in your account, your wife accessed it, now the bank has retrieved it but it's not back in your account.

    Do I have any right to ask them for my money back?

    What type of question is that? I would be on the phone to them ASAP asking where the hell it is.

  • +1

    I want a wife.

    • +1

      asapi might have a 2nd hand one going cheap if your interested. Done a few km's but always serviced ;)

  • +4

    I worked in the Disputes area of a bank previously, hopefully this can help.

    Given the scenario you described. The bank will only open a dispute case if you formally request for one. And according to your story, you say that your ex used your account without your authorisation. This means that you would've needed to claim this as fraud and would've needed to lodge a police report with your full story. The bank will not move forward without this given that you know who used your account without consent.

    Something you can maybe clarify quickly, is the account joint? Does your ex have power or attorney over your accounts? If yes to either of this then sorry but there's nothing the bank can do. It is a domestic dispute at the end of the day.

    Of course, I'm advising from one bank's policy and another bank may have different handling procedures.

    • +1

      even if u requested for one, u still need to sign official document before they will do anything. (For citibank anyway)

      • +2

        Yes, sorry I should've made it clearer.

        Some banks need an actual form to start the dispute process.

        In the OP's case, he hasn't even done anything. Seems like he wants to waltz into the bank and give this thread link to the bank employees and somehow make $10k magically appear into his account along with some unicorns.

    • But doesn't the fact that the bank has recovered the money (according to the OP) indicate that some sort of dispute process has been instigated?

      • +3

        The BIGGEST problem here is the OP not being very clear for whatever reason.

        If you look at some of his posts above, he clearly says he hasn't formally lodged any disputes.

        Maybe he enquired about it, but it does not seem like he went through with it.

        • +1

          Yeah I know there's missing info but my point is that IF (that's a big if) the money has been recovered as OP claims then something must have been lodged. Banks don't just randomly reverse payments.

      • +3

        Fact? What fact? I would be a fool to believe what the OP says. Either he himself doesn't have a clue or he is hiding something important. They are anything but fact.

        Some of the wording:

        … and my ex-wife somehow got access to my Debit card …
        … They were really trying to talk me out of it …
        … In the interests of not inflaming the divorce situation, I decided to not push the matter. Also I figured it would just get calculated into …
        … I have become aware that the bank has reversed …

  • The Bank hasn't stolen $10000 from you at all.

    You state that the amount was "reversed the transaction to the lawyer". So therefore the bank has 'stolen' $10000 from your solicitor, not you.

    You were pretty chilled in letting your wife have access to your card and PIN so not to "inflame the situation further".

    Do I have any right to ask them for my money back?

    No.

  • +6

    1.) I think this title and post are rubbish.

    2.) The OP can be happy that he did not post the banks name, otherwise he would
    probably now loose much more $ in a rightful defamation law suit by this bank.

    3.) The OP could easliy investigate his bank statements for following:
    Has 10K being transferred from his account and where has that money gone ?
    No need to ask his ex or anyone else and rely on second hand information.

    4.) If there was a 10K transaction and the bank has reversed this based on his
    report to the bank, than that 10K would be back in his account. The reversal
    would be again visible in the statement/transaction history.

    Agree with the many posters here that the OP:
    - Did not post the full story
    - Should speak with his bank
    - Ensure that his ex is not a joint accont owner or signatory on this account

  • +4

    Go to the bank and find out what is going on then come back and fill in the blank spaces.
    Shhheeeesssshhhh!!!

  • +2

    "My ex has shown me letters from the lawyer to her which state that"

    If you ex-wife was willing to defraud you of $10k maybe she is doing it again? Have you asked the law firm to show you evidence ( like a bank statement) that the $10k was even reversed? Furthermore what was narrated on your bank statement when the $10k was originally transferred. Or can you check the receipent bank details if it was an online transaction. Perhaps the $10k never hit the lawyers account in the first instance

  • +1

    So OP, have you learned your valuable lesson about asking this bunch of self-righteous assclowns about anything more serious than where to get the cheapest Eneloop batteries???

    The only bit of advice I would offer is to get yourself in to see a good solicitor with experience in family law matters…even without knowing more, I would suggest that you're potentially in a very tenuous situation; and $10k could be the least of your worries if you aren't proactive (with regard to your own best interests) in this kind of scenario. Let them advise you on the financial & legal ramifications, and for your own sake follow their advice to the letter.

    I see clients with very similar issues at least fortnightly, and let me tell you that for the average naive, unsuspecting male partner in a divorce/separation, things can go pear-shaped real fast!!!

    • -1

      Good advertising, bet OP is happy to fork the $10,000 as solicitor fee.

  • -4

    Why are 4 people consistently down voting the replies that the OP gives?

    My guess is the ex-wife has 4 ozbargain accounts and is using them to downvote him? :)

    • +3

      because he hasn't taken the first step of physically seeing his bank and asking where the money is.

    • Why are 4 people consistently down voting the replies that the OP gives?

      We can't answer this question truthfully without it being deleted as a personal attack :)

  • +2

    If you're having girl problems I feel bad for you son
    I got 99 problems but a bank ain't one

  • -1

    Simply unreliable that bank steal money in this manner….investigate the matter with bank for your satisfaction

  • Working in the industry at the moment and as everyone advises, contact the bank first. Some banks have a policy that if you let one of their bankers know that a joint account is in dispute of ownership then a block is placed on the account until you both come into a branch to sort out the specifics. If you mentioned in your enquiry that she frauded you of 10k they may have placed a block on the account and a payment of $10k could possibly be either uncleared or reversed.

    Look through statements to confirm that it was taken out and whether or not it came back in.
    If it is a joint account, go to the branch together to see if there are any uncleared funds, and close the account.
    Also request a trace on funds to confirm if they were paid to the lawyers, or reversed, or are in holding, or transaction dropped off while still in pending and never actually left your account.

  • +3

    So… OP… don't leave us hanging. Keep us updated on what happens.

    My popcorn is getting cold.

  • I think what to do is pretty clear. Have you done it?

  • Op I've got a bridge for sale.

    The wife's lawyers are trying to pull a fast one on you. And its working so far lol.

  • Sorry, there are a lot of replies on this post and I gave up reading after the first 30 or 40 to check - if it hasn't already been mentioned, when and if you eventually get your money back from the bank, be sure to check that they've included interest.

    If they won't come to the party and return your money, talk to the banking ombudsman.

  • I can't wait to hear what happens when he visits the bank today!

    • My hope is for- "The money has not been reversed. Please check with the transfer recipient."

      • An evil ex?!

  • I cannot understand anyone in this situation not trying to contact the institution first to try to resolve the matter - instead of crying Boo-Hoo for help from everyone else!
    We have had a tax situation where they kept asking for more payments. This morning I rang the tax office, spoke to a human eventually & got it sorted to our advantage.SPEAK TO THEM !!

  • +3

    You'll probably find that the issue is not the bank rather the EX. These situations are always very messy and I'm sure there's at least 6 sides to the story.

    • Is that

      • The husbands
      • The wifes
      • The lawyers
      • The banks
      • The truth
      • The real ozbargain truth?
  • +1

    So what ended up happening to the $10k?

  • +2

    posting to sub and see if op ever comes back.

    My money's on the op's ex working for the bank, stealing 10k and using it to hire a dodgy hitman and we'll never hear from op again :P

  • Bump

  • Looks like I was right. OP's dead.

    • Nope. Allegedly, the bank stole OP from Ozbargain :)

  • +2

    Boy what an idotic post! I confess I have had my fair share of posting BS queries in OZB but this one takes the crown. Take a bow…

    Having gone through the whole discussion and seeing OP's holding info off symptoms, I conclude that OP is the one who tried to spend 10,000$ from his/her being divorced partners debit card. Now that the original debit card holder has lodged a dispute at bank and withholding the money to be paid to the lawyer, OP is turning to OZB to gauge the depth.

    Just my 2 cents though…

  • +2

    Op… Any update. I've kept this page open since you posted. Dying to know what the result was.
    Pretty sure we won't hear… You can't dig UP, compounded embellishment of the truth is hard to maintain.

    Anyway, that's my bait for OP to continue this intriguing story

    • Op joined ozbargain just to post this forum thread it appears, probably has no intention to update or contribute after getting what he was looking for…?

      • It's unfortunately becoming very common for people to open a new account to ask idiotic questions so as to not 'tarnish' their actual account.

  • +3

    Member Since 02/07/2014
    Last Seen 8 hours 37 min
    Location Melbourne

    So he still lurks around. Probably watching to see if some other idiot is on his side.

Login or Join to leave a comment