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BytheBook
Aug 23, 2008, 07:28 PM
Yesterday, I was cashing several checks that had piled up from my husband's side job of repairing pools. They totalled up to $1500, much of which was going to be used for back-to-school shopping for our 3 kids, gas, a night out with friends, and grocery shopping. So I went though the bank drive through to cash them, and after a few minutes I heard the teller say over the speaker "Can you please come inside to cash that many checks." I realized I did have a lot so immediately said "Ok" and pulled up to the parking lot, parked and went inside to wait in line. When I finally get up to the window, the same teller comes to help me and I say I'm the person who was in the drive through and she had my checks to be cashed, at which point she says she gave me the money and had said "NEXT TIME please come inside to cash that many checks." Needless to say, I had not heard those first 2 words, pulled up my car to go inside, and she continued to send the envelope with my $1500 cash and my drivers license to the car behind me who decided to steal it.

Per my last conversation with the bank on Friday, the manager is not even sure they can get a license plate number from any of their security cameras to identify the thief's car, and are acting like they will not credit our account with the money unless someone admits to stealing it and they are able to retrieve it first.

What are my legal rights here?

Fr_Chuck
Aug 23, 2008, 07:36 PM
In all my years I have never heard of this, the person who sent the money out, should have seen you drive off, should have seen it was not the same person or car.

I my opinoin ( and that is all it is) they are liable for your money.
I would sue the bank for the money for not giving you the money but giving it to the wrong person.

I believe that the bank will be held responsible.

LisaB4657
Aug 23, 2008, 07:39 PM
Have you reported this theft to the police yet? After all, it wasn't just your money that was stolen but also your driver's license. In fact, if I were you I would contact my credit card companies to inform them as well. Identity theft is a real problem now and having your driver's license stolen makes it that much easier for your identity to be stolen as well.

Once the theft is reported to the police I'm sure that the bank will be much more cooperative about the investigation.

twinkiedooter
Aug 24, 2008, 07:45 AM
The bank should have been able to trace the person who ran off with your $1,500 from the surveillance cameras they have at the drive in and also what was their transaction. If it had been a withdrawl or deposit then they should have the person's account number. If it was a check being cashed, then they should have a record of that also. I would definitely report this to the police and insist the bank manager do something immediately to get your money and license back. The teller also should not have instructed you to do what you did. Usually there are big signs at drive thrus that state "No more than 2 transactions". Did the drive through have such a sign? Why would you be so inclined to cash these checks versus deposit them into your account? Cash has no owner as the saying goes, but a check or checking account has an owner. I would have gone inside and watched them like a hawk if I had that much money at stake.

What kind of run around did you get about the surveillance camera at the drive through from the bank manager? Are they real working cameras or just for show and don't work?

BytheBook
Aug 24, 2008, 09:36 AM
I have contacted the Sheriff's Dept. I spoke briefly with a deputy that came to the house on Friday and wanted me to wait until I heard more from the bank to see how it was being handled. He said he will be coming out to our house again on Monday for me to fill out paperwork on the theft. And he also said he can give me a form to get my license replaced free at least.

I don't know if the person behind me just took the envelope and then drove off or if they continued along with their own transaction. At the very least I feel they should be looking into the next transaction after mine since it's either the thief or the person that was behind him/her and may provide some information.

I guess I'm mostly baffled by the fact that in this day and age, with all the technology we have and how you hear about cameras being everywhere, that a BANK of all places is telling me they don't think they can get a license plate number off a car from at least one camera SOMEWHERE on their property.

In the original conversation with the deputy, he said that he can look at the bank's security footage if needed. At the very least, I'm hoping the police will put more pressure on the bank. I feel especially terrible because it was money from my husband's side job and he was getting up at 5am before his regular job to get extra work done.

Thanks for the input. I'll post as I find out more tomorrow.

BytheBook
Aug 25, 2008, 03:09 PM
Good news! I happened to have a wonderful deputy intervene and have a conversation with the bank manager about doing the right thing and resolving the situation. I also called the M&T general line to ask to speak with the higher managers. Not sure which did the trick but a couple hours later, the branch manager called and said they were crediting our account.

And yes Twinkie, though I have always been an old-fashioned cash kind of gal, I believe that may change after this. :)

JudyKayTee
Aug 25, 2008, 03:19 PM
Good news! I happened to have a wonderful deputy intervene and have a conversation with the bank manager about doing the right thing and resolving the situation. I also called the M&T general line to ask to speak with the higher managers. Not sure which did the trick but a couple hours later, the branch manager called and said they were crediting our account.

And yes Twinkie, though I have always been an old-fashioned cash kind of gal, I believe that may change after this. :)


Well, and the other advice is to NEVER use the drive through when it's cash. I've heard some real horror stories along the lines of what you've posted.

twinkiedooter
Aug 25, 2008, 04:45 PM
BytheBook - I am SO GLAD to hear you came out ahead from your predacament. It's much better to put the checks into the bank into your account. If your husband has nothing to hide, that's the safest place to keep your money. I know cash is nice and all, but cash has no owner and cash leaves no trail. At least when you use a check to pay for something or use your debit card (if you have one) that leaves a trail also.

I used to be Cash N Carry also. One time I got paid 1/2 month salary and had all the money in my pocketbook. This was in NYC many years ago. I went into a big dept store and was buying things for a cruise. Well, I had a very nasty surprise when I went to the register to buy some things and found that ALL my cash was GONE. I was a victim of a gang of pick pockets. I essentially worked 1/2 month for free and never saw that money again. You were lucky, very lucky. Now you can see why I'm plastic patty or checkie cathy.

LisaB4657
Aug 25, 2008, 06:35 PM
Good news! I happened to have a wonderful deputy intervene and have a conversation with the bank manager about doing the right thing and resolving the situation. I also called the M&T general line to ask to speak with the higher managers. Not sure which did the trick but a couple hours later, the branch manager called and said they were crediting our account.

And yes Twinkie, though I have always been an old-fashioned cash kind of gal, I believe that may change after this. :)

Congratulations!

excon
Aug 25, 2008, 07:13 PM
Hello By:

Let me add my cynical touch. I don't think the bank did you any favors. I think they realized that THEY gave your money away, and THEY'RE going to be responsible for paying you back. I AM glad they realized it BEFORE you had to sue them, but if they didn't, sue them is what I would have told you to do.

excon