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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Not sure if I have a case - Three names on our property

Customer Question

Hi Deborah - not sure if I have a case - Three names on our property title - mine, husband, daughter - hubby & I have joint bank a/c & statements and bank a/c from which mortgage repayments are d/d each week.... daughter has her own a/c also.... it has been this way for 15 years with no problems.... the three names appear on our a/c .... daughter bought new car last Feb .. tagged it on to her existing bank loan... she has done this many times .... realised yesterday that ANZ bank have been deducting my daughters repayments from hubby and mine a/c since Feb this year - totalling around $4,500.... had appt with bank mngr this morning.... I asked him who authorized the bank to deduct this from my a/c and he said that my daughter authorised.... my daughter made no such request... there is nothing in writing to back her up. her banking history alone ( over 15 Years) will show that her personal bank a/c has been the only a/c from which mortgage repayments have been withdrawn.... she had no need to change this..... manager said "too bad" her name is ***** ***** a/c too so it is also her account..... so he won't refund my $4,500 + accumulated interest and transfer the amount over to my daughter's a/c. My daughter very happy to complete any necessary paper work to facilitate this but the bank won't listen to any reasonable explanation. They have made a mistake here and will not admit it. My daughter willing to sign affidavit to confirm she did not advise them to take the money out of my husband and my account
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Hello Pearl - sorry - This happened on the Gold Coast Qld and my daughter's M/
JA: Has anything been filed or reported?
Customer: Sorry - state Qld - Gold Coast - daughter's m/v purchased in Feb this year. attached to her home loan. repayments have been deducted from my a/c from this time - only get 3 monthly statements and I didn't notice the deductions on the first statement for the year
JA: Anything else you want the lawyer to know before I connect you?
Customer: First contact was this morning - had appoint with the bank manager
Submitted: 1 month ago.
Category: Australia Law
Expert:  Leon replied 1 month ago.

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

Expert:  Leon replied 1 month ago.

Good Afternoon

Did your daughter keep a copy of the direct debit request that she signed?

Has she asked the bank to provide the evidence?

Has she authorised them to fix the issue and repay your account?