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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36909
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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My parents and I have bank accounts at the same bank account,

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My parents and I have bank accounts at the same bank account, a fact that is known to the manager. Recently my dad went to the bank to take care of his personal business when the bank manager asked him to verify my contact information since they needed to contact me. Furthermore, she stated to my father that the reason that she needed to get in touch with me was in regards XXXXX XXXXX personal transaction that I carried out in which I handed to the bank teller small denomination notes in return for a larger denomination note. She went on to tell my father that during this transaction, I was wrongfully given $300 in excess of the funds that I had handed to them during the transaction. Effectively, the claim is that I owe the bank $300. THe bank has yet to contact me directly on this issue, but when my father brought it up, I decided that whether or not they get in touch with me, I am personally going to the branch to sort this issue. First issue I have is a breach of confidentiality by sharing information about my account with my father, who is not my legal power of attorney and can therefore not conduct business on my behalf. I am 24 and of legal age, furthermore, I am a working professional and do not rely on my parents for any financial support. Second, if i indeed owe the bank $300 (which I don't because i clearly recall this transaction), why hasn't the bank contacted me personally to sort out this issue (it has been more than a month). Thirdly, by making this allegation, I feel that the bank manager is effectively accusing me of theft. I am going to the bank next week to talk to the manager, and depending on how it goes, I am ready to either a.) escalate this to her manager given the above mentioned violations b.) ready to pursue legal action c.) I am thinking of giving her a notice to put in writing a complete acquita. Like I stated, I am yet to meet with the manager and would greatly appreciate your input. Please let me know if my understading is correct and please point out any errors. Also, please provide any advice on how to deal with this. I also plan on recording the entire meeting with her as evidence should I need it.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

I will be very happy to respond to your concerns, and I am very sorry to hear that you are in this type of a situation. Please be advised, however, that while I can provide you legal information about your issue, I cannot act as your attorney, and I cannot provide you with 'legal advice', as that is a potential violation of state bar rules and forbidden on this site. Knowing my own limitations, is that acceptable to you? Can I go on with my response?
Customer: replied 1 year ago.


go on with your response

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

This appears to be a situation where you can claim that the bank is violating the 'fiduciary duty' that they owe to you, specifically by maintaining proper, confidential, private, and correct records of your transactions. Therefore they have no right or ability to discuss your situation with third parties, even family, as they are not privy to your specific situation as they are not your agents via a power of attorney. Furthermore if the information is false, this also can be considered defamation of character. To prove defamation four factors must be shown:
1. A defamatory (untrue) statement
2. Of or concerning the plaintiff
3. Communicated to third parties AND
4. Caused damages, specifically financial damages.

Defamation is harder to prove than a breach of fiduciary duty, and frankly the latter is far more serious of a charge to be levied against the bank. Consequently making such an accusation is likely to have the manager seriously attempt to resolve this issue as quickly and as painlessly as possible so as to avoid litigation.

Good luck.

Customer: replied 1 year ago.


Thank you Dimitry,


What do you think about me recording the meeting?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, and you are most welcome.

Ohio recording laws permit recording of any conversation so long as one party to that conversation has consented to the recording, or there is no reasonable expectation of privacy. Here, so long as you consented to your own recording, there is no legal issue or concern for you to worry about--this is permitted.

Good luck!

Customer: replied 1 year ago.


In resolving this issue, should set as a condition that the bank manager/bank write me an official letter to clear my name, since in actuality this is a false accusation.. Also, in looking at the definition of breach of fiduciary duty, it seems to apply to employee/employer relationship and not necessarily client to agent relationship... Is my reading in error?

I have found this definition at :http://legal.practitioner.com/regulation/standards_9_3_6.htm

If I am in error, please provide me a source where this definition is specifically addressing client to agent relationship as it is in my case. Also, in what way does the bank manager seek to personally benefit?

Thank you

 

 

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

I am not sure what that letter ultimately will accomplish. You suffered no real injury and other than a potential apology the bank is not really required to provide you with anything beyond it.

As for a 'fiduciary duty" I am afraid that is incorrect. ANYONE who provides services to you in terms of your financial management is your fiduciary. For example if I run someone's estate, I am their fiduciary in that role. A power of attorney is the principal's fiduciary. A banker is your fiduciary if you are keeping funds in that bank. The bank manager is not 'benefiting', he or she is merely violating the rule for maintaining confidentiality.

Please review this definition:

http://legal-dictionary.thefreedictionary.com/fiduciary+duty

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 36909
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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