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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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"i work in the fraud dept of a bank, and a customer of the

Resolved Question:

"i work in the fraud dept of a bank, and a customer of the bank has been defrauded.
i was able to recover just 10% of the funds for the customer but before the remaining 90% can be refunded the customer needs to provide a police report and a sworn affidavi..."but the customer claims to be unable to afford to get any of the required documents''

His lawyer then wrote threatning to sue the bank if he doesnt get a response to why his client hasnt been refunded and also for the delay. i hope i get a proper and befitting reply to respond his letter as i have my job on the line.
Submitted: 2 years ago.
Category: Legal
Expert:  MShore replied 2 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Is your question whether the bank can be compelled to issue a reimbursement to the customer?
Customer: replied 2 years ago.

No, we were able to recover funds so we are sure beyond reasonable doubts that it was a case of fraud but we need the customer to provide us with a police report and an indemnity so thte refund can be reinstated which he claimed he cant afford and if he cant provide it there is no way the fund can be refunded.


 


So we still request the police report and indemnity to refund the money immediately.

Expert:  MShore replied 2 years ago.
Thank you, XXXXX XXXXX your question to me whether the customer's claim that she cannot afford the fees for the documents to be produced is reasonable?
Customer: replied 2 years ago.
no, basically i simply need a reply letter(Write up) to the lawyer making a request for the police report and the indemnity in order to facilitate immediate refund other than delay the refund by his reluctancy to provide the necessary documents needed.
Expert:  MShore replied 2 years ago.
ok, and what question can I answer for you regarding this letter? Is it your objective to have a letter drafted via Just Answer?
Customer: replied 2 years ago.
yes, a drafted letter via Just Answer or directly to my email. viciallen @ yahoo . com
Expert:  MShore replied 2 years ago.
Thank you, XXXXX XXXXX receive a message from customer service shortly.
Expert:  MShore replied 2 years ago.
Thank you, XXXXX XXXXX draft the letter and will be in touch in the morning.
Customer: replied 2 years ago.
Oh Wow, i really need the reply now if i can get it pleaase
Expert:  MShore replied 2 years ago.
I just want to be clear on your expectations, because no attorney client privilege can be established via Just Answer, the letter would not be on letter head or written as though from an attorney to the customer, but written as though from the bank to the customer.Is this what you are seeking?
Customer: replied 2 years ago.

Yes i am aware it wont be on letter head, just simply give me a draft of the letter, it will be replied from the bank to the attorney to the client...


 


here is an example of what i drefted but i need a better letter.


 


In response to your letter dated xx xx xxxx, your client mr xxx a customer with us at Bank recently encountered a loss in the volume of naira xxx to a wide spreading fraud we were able to recover naira xxx only and the the bank is compelled to issue a reimbursement of the balance to the customer immediately.


Bank policies states that in the event of losses of this nature, a sworn affidavit, police report and indemnity is required.


The proccess of getting refunded has been on the slow side as nothing can be done with the availabilty of the required documents for our perusal, i urge the quick supply of the documents to facilitate the immediate refund other than delay the refund by his reluctancy to provide the necessary documents needed.

Expert:  MShore replied 2 years ago.
Thank you, XXXXX XXXXX a sample letter:

"I am writing in response to your letter dated ________________, submitted on behalf of your client ______________, regarding your client's claimed entitlement to a refund due to his/her claim of fraud. Specifically, your client claims a loss in the amount of $________, such sum representing the remainder of all sums your client claims as lost via fraud. While we were able to recover $_______ and shall disburse the same to your client, upon your client's submission of a sworn and signed affidavit, police report, and executed indemnity agreement. As you can likely appreciate, due to a loss of this nature, we must comply strictly with our applicable policies, which your client agreed to be bound by per the terms of the service agreement he executed as a condition to holding an account with (insert name of bank).

Please understand that a reimbursement cannot be processed unless and until we receive the requested documents for our internal records. Therefore, I urge you to produce the requested documents in a timely fashion in order that we may in turn timely reimburse your client."
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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