On Sat, 17 May 2008 14:09:38 +1000, Sylvia Else
wrote:
>TomTom wrote:
>> In news:482e2fc0$0$17507$afc38c87@news.optusnet.com.au,
>> Sylvia Else typed:
>>> jag@nowhere.com wrote:
>>>> Maybe I've got too much time on my hands but........
>>>>
>>>> Just got a letter from my bank saying;
>>>>
>>>> "We have been advised by ANZ BANK that the above deposit was credited
>>>> to your account in error. Accordingly, ANZ BANK has requested us to
>>>> refund this amount to them so that they may in turn refund their
>>>> client.
>>>>
>>>> To enable us to comply with this request, we require your authority
>>>> to reverse the amount from your account.
>>>>
>>>> Please give your authority by completing and signing the eclosed
>>>> authority and returning it to us in the enclosed Reply Paid envelope
>>>> or by facsimile to ............"
>>>>
>>>> They include a screen dump of a computer screen with my name on top
>>>> and a dated entry with the "error" deposit. They also include a typed
>>>> authority......
>>>>
>>>> "To Whom It May Concern
>>>>
>>>> I/we__________________________________________
>>>> having authorityto operate on account number xxxxxxxxxxxxxxxxxx in
>>>> the name of MISSPELT give consent to "bank" to debit this account
>>>> with the amount of "carton of beer" representing a refund of an
>>>> amount credited in error on "2 months ago".
>>>>
>>>> ..... and a window envelope with Postage Page (not Reply Paid XX)
>>>>
>>>> It looks genuine enough on apparently official stationery and my name
>>>> and account details on it.
>>>>
>>>> But, I'm feeling slightly playful (and I don't like the ANZ blood
>>>> sucking vulture parasite vermin that they are). But I need to be nice
>>>> to the Bank that is my account keeper. And of course I've got no
>>>> problem returning money that's not mine, but if I can get some
>>>> payback in the meantime, well that's a bonus.
>>>>
>>>> It's a small amount so I'm curious firstly why at the apparent
>>>> request of the ANZ BANK, my bank has typed a 3 page document to me
>>>> after searching for my account details.
>>>>
>>>> Are they doing it for free, simply because the ANZ asked them to?
>>>> Yeah right, Is the ANZ doing it for free for their "client", yeah
>>>> right!!.... when the priggs charge me $35 for being 1 day late with
>>>> $4.95 on an ANZ card payment!!!
>>>>
>>>> I don't yet have the account statement from my bank that details
>>>> the error deposit, (they're 6 monthly), so obviously I'd need to
>>>> check that it did in fact happen first.
>>>>
>>>> So I'm thinking of simply acknowledging their letter, stating that I
>>>> do not have any bank statements which verify the deposit but would be
>>>> happy to refund any error following payment of a $35 investigation
>>>> and processing fee.
>>>>
>>>> Since I do not have the verification at hand, I need to search it out
>>>> and confirm before I authorise anyone to take money out of my
>>>> account. Comments, ideas suggestions ????
>>>>
>>>>
>>> I really don't see why the bank would think they need your
>>> permission.
>>
>> It's because, otherwise, the bank would be relying solely on the say-so of
>> the ANZ bank.
>>
>>> A bank account is nothing more than a bank's record of
>>> the bank's indebtedness towards you. It's not as if they're guarding
>>> a box that contains your cash.
>>>
>>> If they are under the impression that they have incorrectly stated
>>> that indebtedness, then they can correct it.
>>
>> That is not the situation. It is the ANZ that has asked the bank to refund
>> an amount from the bank's client's account.
>>
>>> This might at a later
>>> date result in your having an issue with the bank when they refuse to
>>> pay you money that you consider is owed to you, but that's a separate
>>> matter.
>>
>> The bank apparently has no legal justification for taking its client's money
>> from the client's account without the clients express consent. Acting on
>> the ANZ's say-so is not good enough.
>>
>>
>
>This reflects exactly the misunderstanding about bank accounts that is rife.
>
>A bank account does not contain money. When the bank says you have X
>dollars in your account, when it really means to say is that the bank
>owes you X dollars.
>
>Sylvia.
>
Thanks to all replies so far.
OK so far I'm getting;
that ANZ doesn't really know who I am, just that my account number
xxxx held by my bank has allegedly been" wrongly" credited.
Apparently my bank won't/can't just take the money back (or reverse
the numbers:) simply on any 3rd party's sayso.
Since my bank isn't at fault or out any money they probably
couldn't/wouldn't hold anything against me in future anyway.
I'm not refusing to return money I "know" doesn't belong to me.
I haven't got the statement that details the deposit but anyway,
deposits don't identify where they came from so how would I know
whether the depositor intended for me to have the money or not?
Whether I'm expecting it or not is irrelevant.
If it's the ANZs fault, stuff em, I'll offer to verify and
investigate by requesting an early statement (I'll be charged for that
by my bank) for an investigation fee but I suppose it could be some
poor careless depositor who penned the wrong numbers. So I'll offer to
waive the investigation fee in lieu of a stat dec from the depositor
detailing the full circumstances of the error.
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