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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I started a mystery shopping job they sent me a bank draft I

Customer Question

I started a mystery shopping job they sent me a bank draft I cashed it at the bank. I took out half the money for job. The draft was no good. Am I responsible for that or should bank teller caught that. Now the bank is putting in to collections for me to pay.There was not enough money in account to cover bank draft.
Submitted: 8 months ago.
Category: Canada Law
Customer: replied 8 months ago.
It was also not at my bank as the job was in a different town same bank branch as my though. The draft was for 2,000.00 dollars. I thought bank drafts was as good as cash.
Customer: replied 8 months ago.
After I did one of jobs I didn't feel right about it so I went back to bank the next day and told them to put a hold on it. They told me they let me know in 5 days
Expert:  Legal Ease replied 8 months ago.

Have you reported this to the bank and to the police as fraud?

Customer: replied 8 months ago.
I talked to manager at bank. she said I had to pay it. Phoned victim services nothing they could do besides some counselling. Was going to go to police but my friend daughter-in-law works for customer service at a bank for quite a few years now, she said the teller was at fault. So I didn't do anything. About a week ago the bank collections phone wanting money. This happened last Sept.
Expert:  Legal Ease replied 8 months ago.

You should have reported this to the police.

And you should do that now though it will be harder to get them to act.

Regardless of whether this it the teller's fault or not the crime here is fraud and you have been the victim. This is actually a well known fraud and if you google secret shopper now you will find out that you are one of many, many victims unfortunately.

If you are correct and the teller erred then you are not liable for the funds as you would not have taken them out of the bank if you knew the cheque was not valid.

I cannot know if the teller should have been able to tell or not.

So here is what you do.

First you go to head office of the bank and you complain.

They will investigate and then if they don't agree with you, you file a complaint with their bank ombudsman.

If their bank ombudsman doesn't agree with you then you to to the governmental bank ombudsman who is impartial. But you cannot go to this ombudsman until you follow the route that I have explained.

If you go into any branch of your bank there will be a brochure on how to complain. All the contact information you need, for each step I've set out, will be found there.

That should ultimately work and if the teller/bank erred this will be determined.

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