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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Fraud Examiner
Satisfied Customers: 41221
Experience:  Experienced Attorney.
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Someone was fraudulently pilfering money out of my account

Customer Question

Someone was fraudulently pilfering money out of my account for 10 months to the approx amount of 800 per month. The bank has agreed that it appears to have been a pattern but are only offering me 10% of the total lost amount. What recourse if any do I have?
Submitted: 1 year ago.
Category: Fraud Examiner
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. How did the pilfering begin? Was it internal or external? What happened?
Customer: replied 1 year ago.
I noticed on 6/01 two withdrawals for $100.00 each on 6/01 from gas stations at locations I had never been using my debit card. I immediately called bank and they asked me to go over statement on line to see if there were other examples. To my horror there were charges that were happening on a regular basis going back to 7/11/14 totaling close to $10000
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi, Do you know how your debit card was stolen or cloned, or you have no idea? Did you report this fraud to anyone else other than the bank?
Customer: replied 1 year ago.
They told me it would be covered by banks insurance and that I would get me money refunded by bank
Expert:  Dimitry K., Esq. replied 1 year ago.
Who told you this, and was this stated to you in writing?
Customer: replied 1 year ago.
The person who answered phone when I called to report. I was told by a subsequent banker that there was recorded evidence of the conversation
Customer: replied 1 year ago.
It was not stated in writing
Customer: replied 1 year ago.
Do not know how the card was compromised and reported only to bank
Customer: replied 1 year ago.
Hello
Expert:  Dimitry K., Esq. replied 1 year ago.
Hi,The reason I asked is because typically banks do not cover losses unless either:a) they were somehow liable or complicit with the loss. In your case I am not yet seeing an overt act by them creating such a liability unless the information about your account was stolen directly from the bank.b) there is a contract in place between you and the bank where they promise to cover losses. I suspect there is no such contract, but as far as their oral assurance, if you can get the tapes you may argue it, but this is generally not the bank's responsibility.Since it is a third party that caused the loss they are responsible. You may want to contact the FBI and have them help you investigate this directly to see if they can find an image and other information about the person who was making such transactions. Sincerely, ***** *****
Customer: replied 1 year ago.
Thank you for your help.
Expert:  Dimitry K., Esq. replied 1 year ago.
My pleasure, truly! Please let me know if I can ever assist you again. Otherwise, if satisfied, kindly do not forget to positively rate. Thank you and good luck to you! Sincerely, ***** *****