Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

My father (with QBank) set up an automatic transfer of $50…

Customer Question
My father (with QBank)...

My father (with QBank) set up an automatic transfer of $50 per fortnight to my account (CUA). Unfortunately, he had 1 incorrect number and $350 has been transferred to a different account in error. QBank have told him that it would cost $40 for every transaction to retrieve this money. That means, out of $350 he would only receive $70. Is this correct?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Queensland

Lawyer's Assistant: Has anything been filed or reported?

We contacted QBank and they said it was up to CUA to follow through. CUA said it was up to QBank. Eventually QBank told him about the $40 fee per transaction! My Dad is 72 and not very computer literate. He is on a pension and just beside himself.....$350 is a LOT of money for him.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really. I just need to follow this up for him because he is not good on the phone and I didn't know this online setup was available! How is it fair for the bank to take so much money from him - when only 1 letter is needed to the people who received this money to retrieve it. I had that happen years ago when money was put in my account in error and the bank took it back in one go? Thank you so much for your help.

Submitted: 7 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 minutes by:
11/24/2017
Solicitor: John Melis, Lawyer replied 7 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,288
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor in Melbourne, thank you for using Just Answer, I will assist with your question today.

Ask Your Own Australia Law Question
Solicitor: John Melis, Lawyer replied 7 months ago

Retrieval funds does result in a cost to the bank.

Each bank sets their only charges in this regard and you can review those charges under their policy guidelines on their website.

You could send a letter to the bank seeking leniency on the basis of hardship for the fee to be applied.

Have you considered that option ?

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
We tried that but they just don't care.
Solicitor: John Melis, Lawyer replied 7 months ago

Have your sent a further follow up to the banks hardship department and not the general bank addresses ?

The letter also needs to state what the hardship that you are experiencing at the present time.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
I cannot afford to talk to you on the phone! I cannot believe I am being charged for this......I was looking on the Ombudsman's website and it automatically went to you? This has now cost me more than Dad was going to get back....it's shameful! I just wanted to know HOW TO GET HIS MONEY BACK! It is theft for the other party to keep the money?
Solicitor: John Melis, Lawyer replied 7 months ago

this is site is just answer.

government websites in Australian have the string .gov.au

I understand your difficulty situation, and have extended a special offer to you to talk on the phone if you prefer ?

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
No I do not accept! Clearly this is an overseas person talking to me and I now wish to cancel all of this....DO NOT CHARGE MY CREDIT CARD BECAUSE YOU HAVE NOT ANSWERED MY QUESTION AND I WILL TAKE FURTHER ACTION.
Solicitor: John Melis, Lawyer replied 7 months ago

I am Australian Lawyer based in Melbourne if you need help I am willing to assist your matter with the bank ? That is why I have extended a special offer to you.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
No thank you. This is just a rort to extort more money out of innocent people who just need 1 answer to a question!!! Forget it. I cancel this and according to your first page, the money is refundable, so thanks for that at least!
Solicitor: John Melis, Lawyer replied 7 months ago

The answer to your important question was provided and how to deal with the next step with the rejection you received from the bank. Sometimes having a lawyer call the bank on your behalf will as well.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
No it wasn't!! You asked if we had asked for leniency and I said yes we have. How is that answering my question? I WILL NOT BE CHARGED FOR THIS.
Solicitor: John Melis, Lawyer replied 7 months ago

I also said to you that the next step is to send a letter to the hardship department and not just the general address to the bank, as there are very different areas.

Ask Your Own Australia Law Question
Customer reply replied 7 months ago
Actually, after I told you we had asked them, the request to call you came up on the screen - with the additional fee of course. I was answering that and I did not even know you had sent that reply until just now? Scrolling back through I saw it. It is not rocket science, nor is it legal assistance, to tell someone to write a letter. We are in the process of doing that anyway. I wanted to check with the banking ombudsman and DID NOT KNOW I would be charged for it. You have not offered me any legal advice as yet, at all. I am done here. Have a nice day.
Solicitor: John Melis, Lawyer replied 7 months ago

You are welcome to call me on the telephone if you need and there you can discuss your important matter in detail if you prefer. There are many ways to deal with the bank and each situation needs to be dealt with carefully.

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
863 Satisfied Customers
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Deborah Awyzio is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,635 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,940 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,288 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
Yesterday I made an international money transfer from my
Yesterday I made an international money transfer from my business account to the account of my overseas supplier. I made the transfer at 9 in the morning. My bank is the Commonwealth Bank. When I chec… read more
John Melis
John Melis
Lawyer
3,288 satisfied customers
A large sum of money ($5,000) was sent in error to the wrong
A large sum of money ($5,000) was sent in error to the wrong BSB and Account Number. I contacted my bank (Westpac) on the day of transfer Monday 5 December and have been given reference numbers for it… read more
John Melis
John Melis
Lawyer
3,288 satisfied customers
On 6th October I signed a release form for the Rock to
On 6th October I signed a release form for the Rock to release investment account of VE and LM Krause to our Westpac Account. After 40 days this transaction has not been completed, communication has b… read more
John Melis
John Melis
Lawyer
3,288 satisfied customers
If one partner has passed away & everything is left to the
If one partner has passed away & everything is left to the other. If shares are involved in joint names can they be sold like that or do they need to be transferred into the benificiary's name? How mu… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi,My Son has been renting a house for about 5 weeks and has
Hi,My Son has been renting a house for about 5 weeks and has been paying rent of $150.00 a week with a $510.00 bond and all cash with on receipt. On the third week they asked him to set up direct paym… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
if a divorce occurred in 2000 and no financial settlement was
if a divorce occurred in 2000 and no financial settlement was done ,is it too late to pursue it? In this situation the male person was working in Indonesia for three months with salary deposited in th… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I live in Melbourne and i use the HSBC bank in England, I get
I live in Melbourne and i use the HSBC bank in England, I get my 2 small pensions and my aged pension paid into my a/c there,from there, i pay my UK HSBC credit card each month from a transfer of cash… read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
Im a pensioner.I contact sometime ago, the human right commission
I'm a pensioner.I contact sometime ago, the human right commission to see if we could do something about the fact that ma pension is cut down or taking out because my wife do partime work.I got an ans… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
my 97yr old mother has sold property and wishes to divvy up
my 97yr old mother has sold property and wishes to divvy up proceeds to her 3 sons (I am eldest 70 yrs) now rather than when she dies and the will divvies it up.Is there gift tax payable and by whom?… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I recently sold a property in the UK and I wanted to exchange
I recently sold a property in the UK and I wanted to exchange my GBP to AUD. My Australian Bank advised me that they had a scheme that would allow me to transfer the funds from the UK to them and then… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
My name isXXXXX purchased a small business 2 years ago,which
My name isXXXXX purchased a small business 2 years ago,which included the name and email address. As part of a verbal agreement the previous owner would close his business account to prevent any monie… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
A number of times over the last few years, I have made a bPay
A number of times over the last few years, I have made a bPay payment, and the sum has been removed from my cheque account immediately, but the payee has subsequently claimed not to have received it. … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have made an error and tranferred money by internet banking
I have made an error and tranferred money by internet banking to an incorrect account number, have reported it to my bank, but they are saying they can only request the other bank to reverse the trans… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,940 satisfied customers
This question relates to Queensland. A power of attorney is
This question relates to Queensland. A power of attorney is used by a son to set up a joint bank account for himself and his mother using a large amount of his mother's money. The son has no other aut… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
The probate trust will of my father has no deed document included.Myself
The probate trust will of my father has no deed document included.Myself as trustee have to pay the nett proceeds from 40%of the monies invested to a mentally disabled pensioner , This bank interest e… read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
Hi there. I work for a private hairdressing college in Sydney,
Hi there. I work for a private hairdressing college in Sydney, Australia. I am suppose to receive my salary every Friday each fortnight, how ever when it comes to pay day it keeps me guessing as most … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I extended my morguage from my bank for a friend to buy a motor
I extended my morguage from my bank for a friend to buy a motor vehicle on the understanding that it would be paid back in a couple of months that did not happen I was taken advantage of I have drawn … read more
Leon
Leon
Solicitor
Master's Degree
27,635 satisfied customers
I have made an error transferring money online. The bank are
I have made an error transferring money online. The bank are not able to cancel the transaction or retrieve the money. The recipient account is interstate and I do not now the recipient (it is probabl… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x