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-   -   UnAuthorized withdrawals by bank (https://www.askmehelpdesk.com/showthread.php?t=247523)

  • Aug 2, 2008, 03:12 PM
    SaddestDay
    Cheque cashing Scams in Ontario
    Sadly I fell victim to my own ignorance.

    I've cashed about 4000$ worth of cheques at my bank. Then the person who I cashed the cheques for ran off with my bank card. Iève cancelled the card, but now I'm faced with a different problem, The bank froze my account and is holding my welfare cheque till the other 4 clear. I've been told by the bank that fraudulent deposits and withdrawals were made.

    A friend of mine suggested that I go into my home branch myself and make an offer to pay back everything and hopefully I won't get charged. He said the police will be involved, if I wait for the bank to contact me.

    What should I do ?
  • Aug 2, 2008, 03:57 PM
    tickle
    You should be ashamed and I hope you get caught. $4000 of someone else's money makes me sick. Turn yourself in and it will be easier on you.
  • Aug 2, 2008, 03:59 PM
    Fr_Chuck
    If the checks were fraud, you are the victimm and you need to file a police report against the person who gave you the checks, you take this to the bank. If the checks are bad and you took the money out, you will also have over draft and over limit type fees also. And if you bounced any checks because of this those fees also.

    But yes, you need to go see them and make arrangements to pay this money back.
  • Aug 2, 2008, 04:08 PM
    SaddestDay
    It wasn't someone else's checks I cashed, they were fake business checks...
    They had my name but fake info. And a well known business name on them...



    A friend of mine told me to go to the bank manager in person and beg for them to just make me pay it back instead of going through the court system.. . Cause then I'd pay back double or even triple plus get charged

    This is my first time doing anything like this, and I'm scared sh!tless cause I'm under 21 with 2 kids...
  • Aug 2, 2008, 04:27 PM
    Fr_Chuck
    If you made up the fake checks, did not get them from someone else, I doubt they will do anything but call the police, But you can go beg and if you can pay them back in full they may well do it.
  • Aug 2, 2008, 04:46 PM
    tickle
    You didn't read the OP right, FR. I did. He COMMITTED FRAUD.
  • Aug 2, 2008, 04:51 PM
    Fr_Chuck
    No, he says he cashed them for someone, so it sounded like someone else gave them the checks. Then that person ran off with his bank card.
    I did read it and he said the checks were someone else's
  • Aug 2, 2008, 04:52 PM
    SaddestDay
    Quote:

    Originally Posted by Fr_Chuck
    If you made up the fake checks, did not get them from someone else, I doubt they will do anything but call the police, But you can go beg and if you can pay them back in full they may well do it.

    Someone gave them to me, I have not the slightest idea how to make them...
    I didn't realize it was fraud till this morning, the guy wrote me some checks gave them to me
  • Aug 5, 2008, 08:04 AM
    SaddestDay
    Banking in Ontario
    The bank is holding my w3elfare check cause of fraudulent activity in the account, are they allowed to do that?
  • Aug 5, 2008, 08:05 AM
    ScottGem
    Yes
  • Aug 5, 2008, 08:07 AM
    SaddestDay
    Seriously,.
    Someone told me it depends on the banking manager
    And if they have it in writing that I'll pay them back them they might have mercy on me
  • Aug 5, 2008, 08:08 AM
    ScottGem
    Yes that's possible. But they are legally allowed to place a hold on funds if there has been fraudulent activity.
  • Aug 5, 2008, 08:29 AM
    SaddestDay
    ii, thank you
  • Aug 10, 2008, 04:16 PM
    SaddestDay
    UnAuthorized withdrawals by bank
    I have a credit card with BMO, but I owe them 3 grand in overdraft. Is BMO allowed to go into my credit without my permission and move the money from my credit card to the over draft?
  • Aug 10, 2008, 05:12 PM
    JudyKayTee
    Quote:

    Originally Posted by SaddestDay
    I have a credit card with BMO, but i owe them 3 grand in overdraft. Is BMO allowed to go into my credit without my permission and move the money from my credit card to the over draft?



    What State? It's done in NYS all the time.
  • Aug 10, 2008, 05:14 PM
    SaddestDay
    Sorry about that, in Ontario Canada


    Update: I called the bank and they told me that the transaction took place at my home branch, and the banks cannot do that unless I give written authorization...
  • Aug 11, 2008, 03:56 AM
    twinkiedooter
    What does your written contract say when you opened your account? Therein lies the answer to your question. If the "fine print" says they can when you have an overdraft, then they can do just that. How do you propose to pay for the overdraft?
  • Aug 11, 2008, 05:50 AM
    SaddestDay
    Quote:

    Originally Posted by twinkiedooter
    What does your written contract say when you opened your account? Therein lies the answer to your question. If the "fine print" says they can when you have an overdraft, then they can do just that. How do you propose to pay for the overdraft?


    They told me that I have till the end of September to pay the ovredraft before they take legal action... the joke is that my account has only been in overdraft for 11 days now...

    I agreed that I'll do my best to pay off what I can by September because I'm a single mother and about to go back to college... The manager said "No, you must pay this off by the end of september"

    I was planning on using a part of my student loan to pay it off. Seeing how at least I'd have more time to pay back student loan.
  • Aug 11, 2008, 06:09 AM
    excon
    Hello Sad:

    Doncha want to tell us how it happened?? Doncha think we've heard of the Nigerian scam that got you? What?? Did they answer you add of Craigs List?

    Apparently, your bank is holding criminal charges over your head... I'd do my best to pay them back, and I'd do it NOW.

    excon
  • Aug 11, 2008, 06:13 AM
    JudyKayTee
    Quote:

    Originally Posted by SaddestDay
    They told me that i have till the end of September to pay the ovredraft before they take legal action... the joke is that my account has only been in overdraft for 11 days now...

    I agreed that I'll do my best to pay off what i can by September because I'm a single mother and about to go back to college... The manager said "No, you must pay this off by the end of september"

    I was planning on using a part of my student loan to pay it off. seeing how at least i'd have more time to pay back student loan.



    When they say legal action are they talking about civil Court for a deliberate overdraw?
  • Aug 11, 2008, 06:14 AM
    SaddestDay
    Like criminal Charges because someone stole my card and committed fraud with my account... and there's no real way proving it wasn't me...

    Plus bank manager didn't believe me when I told her what happened...
  • Aug 11, 2008, 06:15 AM
    ScottGem
    Twinkie is right, what your contract says is a key issue here. Many banks do include language in the contract that allows this.

    But I'm a little confused here. You say you owe them $3K in overdrafts? What type of account is this? Did you have overdraft protection? On that account? Normally such protection involves an interest rate until its paid back. So it really makes no sense to charge your credit card for the amount.

    I think you need to explain the whole story behind this.

    I'm more confused then ever. Someone stole WHAT card? Your credit card? Did you report it? Why would they want to charge your credit card for overdrafts made against it? Please give us the straight story.
  • Aug 11, 2008, 10:32 AM
    SaddestDay
    A guy I know stole my bank card. I didn't report it until 3 days later. Somehow he managed to rack up 3k$ in fraudulencies. It went down as overdraft. I went in to the bank to clear it and they said they cannot help me clear my name because I was careless with my card. Originally I was told I have until the end of September to pay everything back, which I have no problem using my student loan to cover. But they held on to my welfare cheque, which put me and my child in some problems seeing how rent is due, I'm getting threats to get evicted. But luckily I had just gotten approved to get a credit card... What the bank manager from my home branch by the manager did was move all the money from my credit card into the account I had overdraft... When I called and inquired they told me that I made the transaction, I showed them that I didn't do that and they said it was made at my home branch... I was told that the bank cannot do that unless I request it or give permission...

    No I don't have overdraft protection.
  • Aug 11, 2008, 10:41 AM
    JudyKayTee
    Quote:

    Originally Posted by SaddestDay
    A guy i know stole my bank card. I didn't report it until 3 days later. Somehow he managed to rack up 3k$ in fraudulencies. It went down as overdraft. I went in to the bank to clear it and they said they cannot help me clear my name because i was careless with my card. Originally i was told i have until the end of September to pay everything back, which i have no problem using my student loan to cover. But they held on to my welfare cheque, which put me and my child in some problems seeing how rent is due, i'm getting threats to get evicted. but luckily i had just gotten approved to get a credit card... What the bank manager from my home branch by teh manager did was move all the money from my credit card into the account i had overdraft... When i called and inquired they told me that I made the transaction, I showed them that I didn't do that and they said it was made at my home branch ... I was told that the bank cannot do that unless i request it or give permission...

    No i don't have overdraft protection.


    To be straight forward, this is NOT the same story you have posted before. The last time you posted this question (1 of the 3 threads you've now started about it) you cashed checks for someone and the checks were fraudulent.

    Now it's a different story.

    Unless you are willing and able to tell the whole story, exactly as it happened, you are doing little more than taking up people's time for whatever purpose. You are going to get half right legal info because that same legal info is based on half truths.

    I personally think this was a scam and your partner turned on you but, hey, that's just my opinion based on seeing more than a couple of these "situations." You are fortunate you are not in the US because you would either be sitting in jail or out on bail.
  • Aug 11, 2008, 10:43 AM
    ScottGem
    Ok, so this is not a credit card, but a debit card linked to your account?

    Not sure what Canada law is on this, but in the US you would only be responsible for $50.

    How did you report it? Was it reported after you were made aware of the charges or before? Do you have a police report?

    If there is a police report of this, then, you should be able to get the bank to remove the chanrges.
  • Aug 11, 2008, 10:44 AM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem
    Ok, so this is not a credit card, but a debit card linked to your account?

    Not sure what Canada law is on this, but inthe US you would only be responsible for $50.

    How did you report it? Was it reported after you were made aware of the charges or before? Do you have a police report?

    If there is a police report of this, then, you should be able to get the bank to remove the chanrges.



    Scott - before you waste any more time on this take a look at the other 2 threads. The situation is most definitely not as described here - and it may not be as described on the other 2 threads.
  • Aug 11, 2008, 10:45 AM
    ScottGem
    Quote:

    Originally Posted by JudyKayTee
    Scott - before you waste any more time on this take a look at the other 2 threads. The situation is most definitely not as described here - and it may not be as described on the other 2 threads.

    Yeah I just did look. Your right, we aren't being told the true story.
  • Aug 11, 2008, 10:51 AM
    SaddestDay
    Truth is, yes there's fraud, yes the guy stole my card,
    Yes I talked to a manager, she gave me till the end of September
    Yes they held my welfare and now they've took everything off my credit card
    Yes I reported my card stolen, yes they said I'm still responsible for funds missing

    Nothings really changed, it's just different parts
  • Aug 11, 2008, 10:58 AM
    JudyKayTee
    Quote:

    Originally Posted by ScottGem
    Yeah I just did look. Your right, we aren't being told the true story.


    Wonder if the posts could be combined and/or shut down?

    I wasted enough time looking at the law just so OP could post 1/3 of the story - again.
  • Aug 11, 2008, 11:20 AM
    SaddestDay
    Sooo I shouldve posted everything in one thread?
    My apologies.
  • Aug 11, 2008, 11:21 AM
    ScottGem
    Merged all pertient threads
  • Aug 11, 2008, 11:42 AM
    JudyKayTee
    Quote:

    Originally Posted by SaddestDay
    sooo i shouldve posted everything in one thread?
    my apologies.



    Nooo - you should have posted the same story twice.

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