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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1293
Experience:  BCom; LLB; Masters in Law
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Someone in absa bank lawyers made a fraudulent documents

Customer Question

someone in absa bank lawyers made a fraudulent documents ,using my name to steal 666k and buy the house in lindhaven.can I sue the bank for fraud negligence and malpractise .where is their duty to care
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: this happen in Johannesburg ,money was paid on the 24th june 2008 ,they only investigating now because that person stopped paying the bond
JA: Has anything been filed or reported?
Customer: yes .I got the message from the dectetive who are investigating the case ,they are going to take this bunch of absa bank lawyers to court
JA: Anything else you want the lawyer to know before I connect you?
Customer: can I also claim for defamation of character,because this is damaging my reputation as a nurse ,causing emotional stress ,for being investigated for fraud ,such a felony
Submitted: 3 months ago.
Category: South Africa Law
Expert:  CaseLaw replied 3 months ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

In order to be successful in a claim against ABSA bank's lawyers, you will need to PROVE that you have suffered a direct financial loss as a result of this fraud. i.e. that you've actually lost money. The same will apply to fraud and malpractice. You need to have suffered a direct financial loss.

If you can't do that, then you don't have a case.

In my opinion there is no defamation of character that has taken place. There has not been any publication of these events, and even if there as been, the truth of the matter is that you are not involved. You don't have a claim there.

To prove a claim based on emotional stress is VERY difficult, and even if you are successful in SA you don't get big damages. The legal costs will outweigh any judgment that you obtain.

My advice is to work with the police and assist in their investigations.

The court will apply a "reasonable person" test to any damages claim. They will ask "will a reasonable person really get so emotionally stressed out that they need to be paid something". I think that the answer will be no, simply because the reasonable man will understand that fraud happens, and if your name gets caught up in it the police will assist to sort it out.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Customer: replied 3 months ago.
what about the flight I have to pay for to go back to south Africa to give them a statement ,loss of money ,I should be working now I have to dash to south africa ,unplanned visit
Customer: replied 3 months ago.
master minded fraud by the bank lawyers.i think I need to let the media know about this so the public can be cautious about it.this is atruth it is not a lie ,I don't think is defaming the bank.i have a bond that I never apply for.
Customer: replied 3 months ago.
i will need to work with the police then the media ,because they r going to tell me who is involved. sowetan and ilanga news paper will love this fraudulent news.how about the head lines that say ABSA BANK LAWYERS STOLE THE IDENTITY TO STEAL 666 000 RANDS USING FRADULENT DOCUMENTS.
Expert:  CaseLaw replied 3 months ago.

You don't need to fly back to SA to give a statement. You can make a written statement and send that to the police, or you can tell the police to come get a statement from you.

You can most certainly make this fraud public knowledge. You can contact any journalist and explain the story, or you can write about it on a blog. Just make sure that it is the truth.

Expert:  CaseLaw replied 2 months ago.

Hi there again,

I see that you've read my answer and I hope that you understood the answer and that it was useful? If you have a further question please ask it, or if you need clarity on the answer please let me know.

If you're happy that I've answered your question, please leave positive feedback for me.

Regards

CaseLaw