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 Post subject: More Nigerian BS
PostPosted: Thu Mar 30, 2006 11:37 pm 
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Joined: Thu Mar 30, 2006 11:26 pm
Posts: 1
Hello folks - this is my first time posting. My story is pretty much the same. I've been sitting here for a few hours now reading everyone's stories and I think I even know what the answer is gonna be to my questions.
The usual Nigerian scam artist....a little over a year ago my wife had some pure-bred dogs that we had for sale on the internet. Of course a guy in Nigeria (used the name Gary Heather) replies and we go through the whole process of him shipping her fraudulent money orders and cashiers checks and having her cash them at our bank and wire him the money.
Long story short....the stuff came up fraudulent and we ended up owing the bank (Credit Union actually) about 10,000 dollars. Well lucky us. This happened right around tax time early last year. We were getting around $5000 back for our refund. About a week before the bank informed us that all the crap was counterfeit, we had arranged direct deposit for our refund. Called the IRS and there was nothing they could do to stop that. So of course, the bank took it right as it got deposited. So hey...they got $5000 of the money back. I thought "well...hopefully their insurance company will take care of the rest. They're a bank. They are insured. If someone robs them, they get their money back from the insurance company. This is a small town in Wyoming and people know each other...including the people at our bank knowing us. So they didn't think nothing of it when they went ahead and cashed the money orders / cashiers checks. I was really hoping they'd just write it off as a loss and that was that. Had not heard a word about it in over a year. We ARE at a different bank now since the old bank had frozen our accounts of course. We get a letter in the mail today from CUNA Mutual......the bank's insurance company telling us that they paid the bank the money that we took from them and now we owe them. Please submit payment for $4300 (or thereabouts).

Bottom line -- is there anything we can do? How convenient they waited until tax time again when we're about to get another big refund. I don't want to lose that refund again, but I'm almost afraid from what I've read it's right back to the same old "if you owe the bank you have to pay them. Period. No if's and's or but's. You're screwed." I don't want this insurance company or their collection department sueing us or taking everything we own and garnishing my wages and so forth.
Yet if a bank gets robbed, then unless they catch the criminals and recover the money, the insurance company just pays it and eats it. Isn't that what the FDIC and NCUA are for????? Why the hell can't they just eat it? We're the victims here! If they want their money let them go to Nigeria and go after Gary Heather!!!

(insert many many choice curse-words here)

Michael


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 Post subject: Re: More Nigerian BS
PostPosted: Sat Apr 01, 2006 6:15 am 
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Joined: Fri Feb 03, 2006 8:17 am
Posts: 19
Michaeljwyo wrote:
Bottom line -- is there anything we can do?


Michael,

I think your chances are not good. The way things work in the US (as I understand it) is that the person presenting the check bears the risk. That is, you are responsible for ensuring the check is valid before depositing it.

To go after the bank you would probably have to show that they were in some way negligent. They would have had to incorrectly advised you (hard to prove if its not written) or carried out some other act of negligence.

The only thing I will suggest is that you get proper legal advice before doing anything. The amount you're out makes it worthwhile, even if you have to pay a lawyers fee.

Sorry I can't be more positive.


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 Post subject:
PostPosted: Mon Apr 03, 2006 4:59 pm 
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Joined: Mon Mar 31, 2003 10:09 pm
Posts: 2921
There is always a chance that you could present your case and get a judge to see it your way.

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We get a letter in the mail today from CUNA Mutual......the bank's insurance company telling us that they paid the bank the money that we took from them and now we owe them. Please submit payment for $4300 (or thereabouts).


Personally, this is what I would do in responce to that letter . . . I would write back to them telling them that since you never got anything from the bank saying that you still owed them this amount you did not set up any sort of payment plan to take care of it and if CUNA Mutual wanted to pay this amount and then have you pay them back they should have contact you first to reach an agreement about that. But since they did not you are under no legal obligation to pay them back money that you did not enter into a loan or contract with them about.

Also, if you want to get some media attention to your story, which could help make the bank rethink things, contact your local media and tell them your story. Also, I would suggest you join our letter writing campaign sending your story to the contacts for the Washington Post and ABC news (contact me directly if you cannot find the posts with the contact info)

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Shawn Mosch
Co-Founder of http://ScamVictimsUnited.com
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 Post subject:
PostPosted: Mon Apr 03, 2006 8:10 pm 
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Joined: Fri Feb 03, 2006 8:17 am
Posts: 19
The risk of writing to them without appropriate advice is that you may unwittingly damage your case. If you unable to pay a lawyer, check for any free legal/consumer advice services available in your area.


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 Post subject:
PostPosted: Tue Apr 04, 2006 10:40 am 
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stealth wrote:
The risk of writing to them without appropriate advice is that you may unwittingly damage your case.


I agree, contacting a lawyer on what to do is best, I was just saying that the "smart mouthed" person that I am I would want to write back to them telling them that they paid it with out my knowledge of a debt still owed in my name . . . in my mind that is a gift and not a loan or exspence that they should be holding me to paying them for.

_________________
Shawn Mosch
Co-Founder of http://ScamVictimsUnited.com
There is strength in numbers!

Share your story with the media and educate others about scams! Details here http://scamvictimsunited.com/phpBB2/viewtopic.php?f=28&t=6319
Sign our petition http://www.change.org/actions/view/crea ... s_programs
Follow our blog http://scamvictimsunited.wordpress.com/
Find us on Twitter, Facebook and more http://www.retaggr.com/page/ShawnMosch
_______________________________________________
Has this site helped you?
Buy us a coffee to say thanks ~ http://www.scamvictimsunited.com/donations.htm


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 Post subject:
PostPosted: Tue Apr 04, 2006 5:42 pm 
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Joined: Fri Feb 03, 2006 8:17 am
Posts: 19
That would have been my first instinct to, but I guess age has had an effect and I'm more cautious these days. Mind you, when I'm sure of my ground you should see me tear into them!


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