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Minor legal advice needed (long)

Discussion in 'The Pub' at netrider.net.au started by davesta, Oct 7, 2008.

  1. Hey all, i know there's a few people here that know a bit (or a lot) about the law and a few that have successfully managed to get back monies owed to them (i'm looking at you, MG :grin: ), so i thought i'd ask for some advice. Ages ago my gf bought something off ebay and paid with direct bank deposit. All sweet. Then about 4 months ago she paid our rent (about a grand) and instead of paying it into the real estate agent account, she stupidly paid it into the account for the ebay vendor. Neither of us realised until the real estate agent called me asking where the rent money was. I was not happy :evil: and had to pay the rent again. So my gf has a look, finds out what happened and called the bank to try and reverse it. She also manged to get the ebay persons details via slightly illegal methods and gave her a call. She seemed reasonably nice and agreed there was a large deposit into her account that shouldnt be there. Then the ebay woman (now called person a) called all pissed off because she claimed her bank had frozen her account because of the funds reversal request. The bank claimed it send a letter to her and could do nothing until she signed it and returned it. Anyway to cut a long story short, my gf came to some sort of agreement that the money would be paid back in installments, which never happened. Many emails later and it was claimed that person a was in hospital getting a liver transplant (yeah i'm serious) and this other person (person b) was running the business for the time being and had no idea about any of this money owed. Person a has a fairly unique name and by looking at facebook it is quite clear that she was not undergoing a liver transplant (quite young and no mention of it anywhere on her profile). So this went back and forwards between my gf and person b and person b promised that the accountant would have a look and sort it out. More emails back and forwards, person b always saying 'next week, next week' and my gf eventually saying she is seeking legal advice. No contact after that. So where to from here? Is it worth contacting ebay? This woman lives in nsw (Sydney) so does that make dealing with small claims or whatever more difficult? I have made an appointment with a lawyer but i'm not sure if its gonna be worth it because an hour is 300$. I just want my money back, i know its not heaps of money but its the principle of the thing as much as anything else, i earned that money, i'm the one who can spend it on beer and hookers- no one else. I'm hopeless with such things (law stuff) and would rather drive up there and inflict my own justice, but can anyone here advise me on what i can legally do to get my money back? Thanks heaps in advance

  2. Didn't the bank freeze her account until they can process the matter?

    Surely the bank has a procedure for resolving this type of thing. It must happen a lot with the big list of accounts it remembers for you to click.

    Demand the bank reverse the transfer. Speak to the manager of the branch you originally set the account up with.

    OR ask them what their recovery process is for funds accidentally transferred, when the receiving account holder is uncooperative?

    Perhaps get the police involved... by keeping that money, this other person is stealing.
  3. Ya, call the cops if thats a possible route..

    Otherwise just post up her address and we'll get a few guys together and go say g'day :LOL:
  4. When a stupid ebay seller gave a wrong bank account no, I got my money back with no action on my part. I only get charged a fee. Mind you I did it via internet. I'm with Comm Bank. The value is around $250.00

    When I think about it again, it probs due to the fact that the account holder name and the account no didn't match which won't be the case here.
  5. The cops won't be able to do much - they didn't physically take the money from the account. It was put in. Find a mate who works in a solicitors office or law firm and ask for a short letter (on letterhead) requesting the refund or the matter will be taken further.

    If this doesn't spook her you can take her to a "small claims" court. It'd take a bit of time but a grand is something you miss.
  6. I think she was prob telling porkies about the bank freezing her account, i don't know. I very firmly handballed all of this to my girlfriend, if she lost my grand she could get it back but that has obviously failed. The bank (can't remember which one, think it was westpac) are friggin useless and unless she signed and retured the letter (which she claims she never got) they claim they can't reverse the process. As for the cops, i wouldnt waste my time. I have had little to do with them in my time (i'm generally a pretty law abiding sort of guy), but from what i read about them on this forum they seem to be pretty much useless and lazy (in matters relating to motorcycling/accidents anyway) Perhaps it wouldnt hurt to get my documentation together and go down to the nearest station, but the end result would probably just make me even more pissed off, and i'm assuming because she is in another state its not easy for local cops to do much. In the initial emails between person a (now known as the biatch) and my gf she did claim that she wouldnt be able to give it all back, as it was a business account and there would be a fee for a withdrawal (something along those lines). I was happy with this and was gonna make my gf pay that hundred bucks or whatever it was (call it a tax on stupidity). I'm guessing i need to send her a letter of demand, which i guess i could do myself, but it would def have more kick on a law firms letterhead. And yes, she is a thieving biatch. I had to cash in a heap of built up days in leiu at work to get that grand, and i'm not happy about it :evil:. And yes i could just hit my girlfriend up for the money but i'd feel like a bit of a tightarse...
  7. And this is the reason you delete the ebay seller's account details when the transaction is done. All I'm able to do is mistakenly transfer to wife's account or other close family member. Same as old billers, deleted as soon as they aren't needed.
  8. Can you get a copy of the letter?

    Do you know where she lives?

    I'd turn up with a big, scary friend, and a winning smile, and say "Oh, I know how hard it is when the bank doesn't send you the letter properly. So I have a copy here for you to sign right now, and I'll go take care of it."

    Then give it, and a pen to her... accidentally-on-purpose flashing the knife you're carrying in your jacket :p
  9. I used to work for a rather large company with a Head Office back in the United States, our banking area duplicated deposits for four clients of a couple of grand each, I wrote a few abusive letters saying I would ruin their credit rating if they didn't return the funds belonging to other clients etc. I got money back from two, other two there was basically nothing that could be done.

    So if a large company with slick lawyers can't get money back from small fry there is nothing Joe Citizen like you and I can do.

    Just bid for one of her items on ebay, don't pay for it and leave abusive comments for everyone to read.