Good day everybody,

Please I am writing to seek advise/guidance from anybody who may have any to offer. Sometime last year, a large sum of money was withdrawn from my GTB account, yet I did not lose my ATM card at any point in time. I wote GTB and they replied me that my PIN must have been compromised or somebody I knew probably used my ATM card. In short, they passed the buck right back to me. I felt really incensed because none of these things happened, anyway they promised to get the picture of the fraudster who made the withdrawals.

In my reply to them, I anchored my case on the fact that shortly before and throughout  the fraud withdrawals the bank did not send me any phone or e-mail alert, which could have alerted me to complain earlier. Interestingly, just after my account was completely looted, the bank started sending alerts on any transactions on my account. Till date the bank has not replied my letter. Now I am contemplating a legal option but I want to know what my options are and if I stand any chances.

Please what are my options? I anchor my case on a simple premise which is: GTB failed to discharge a service of giving me alerts on my bank acount, a service for which I pay for, as a result of their negligience I  lost  a fortune ,therefore I am seeking a redress for the financial loss Do you think I have a case? if yes do you know any legal practitioner or group that can help me in this regard?

Kindly let me know if or how I should proceed to handle this.

Many thanks,
Ayo

I have just finished writing an e-book on How to Protect Your Bank Account from ATM Fraud.

In it, I comprehensively wrote about the methods ATM fraudsters use to clear money from victim's accounts. You will be surprised to know that there are methods that do not even require them to get your card physically.

You also need to know that the bank will only be liable to pay you back when you report within a certain length of time, otherwise you will be held liable for illegal withdrawals from your account.

I suggest you order this e-book so you are informed about this and other issues pertaining to ATM card protection. The same goes out to others who may be interested as well.

Send an SMS only to 08027601655 (do not call; the phone has been configured to receive SMS only) for details on how to get your copy for N1,800. Or email info@n2sms.net.

As an aside, I am willing to grant some help to those who purchase the e-book who may have been victims in the past. Not that I will actively begin to chase the people involved, but there are hints I will give that will help you close down or at least narrow down your search for the people behind this.

@ Stagger, many thanks, and congrats on your new book.Unfortunately I might not have been helped a great deal.I understand your right to profit from your intellectual property, maybe I was expecting no-strings-attached contributions.All the same, thanks, and keep up the good work of writing books to enlighten us. I promise to think about getting your book.

I am not a banker, but I am aware that there is a software that banks have that specifies the exact location, time, amount and other transaction details of ATM usage.

You need to get this information as that will let you know if you have a strong case based on your premise. My advice is that you first try diplomacy. Parley a bank official to help you push your case. If you adopt a method of open confrontation, the bank will do all it can to frustrate you.

hi neuro,im a lawyer based in abuja,ur case is not novel to the banks and they have lawyers that get paid to do the dirty job of frustrating a case.fighting a corporation requires u have the proper instruments of office esp money.with gud money,persistence on ur path,u can actually make them pay for the negligence.however,where the matter goes to trial and it is thru evidience adduced shown that the negligence was from u,the court wud award cost for time wasting and attempt to mislead.for further details, call 08069793367

Injustice of any form makes my blood boil.
If you dont pursue this case to the end, you will make me believe you either stole the money that was stolen or that this story is not true.

Every transaction by every bank on earth is recorded and duplicated for record keeping.

Was the money withdrawn from your account through an ATM? If yes, where and when.EVERY ATM has a camera, of the camera's dont work-the bank is liable.

Was the withdrawl via a cheque? if yes, all withdraws above a certain sum involve the picture of the person making the withdrawn being taken

Was the withdrawl to another bank account? If yes, what was the account to which the money was transfered to.

Ol Boy, human beings, governments, organizations fear facts and the people behind them.

Get your facts straight and if the lose is not due to your negligence, get your money back or you may continue to loose money like this.

[quote][/quote]

The banks can't pay for everything. Sometimes people are careless when entering their pins and some smart criminal clones their ATM card and withdraws from it. Should the bank be held liable for carelessness?

I'm not saying OP was careless, only saying we can't blame the banks all the time. Just speaking my mind and i ain't no banker.

Gaggi:

The banks can't pay for everything. Sometimes people are careless when entering their pins and some smart criminal clones their ATM card and withdraws from it. Should the bank be held liable for carelessness?

I'm not saying OP was careless, only saying we can't blame the banks all the time. Just speaking my mind and i ain't no banker.

u said my mind, which of their branches did this happen?

sorry my brother this same happen to me 2years ago but i make them pay 4 it i went to the bank GTB opposite shell gate in port/Harcourt, own case was that money keep missing without my knowledge almost 300,000 thousand Naira i went to the bank i make alot of noise the M D called me into is office for settlement they pay back my money in two days time apply this to your self i promise it will work for u.

1. Get a lawyer
2. Take them to court.

File a complaint! If that takes time, Sue them!!! But seeing as its Nigeria we talking about; the same place where aspiring politicians run around with a belly full of high grade Colombian coca, I'll advice u to go "BrookNam" on they aszzes: Run up in they Joint with 2 guns drawn, and a AK-47 slung across your shoulders for extra-measure! You might even end up taking out more than u lost in the first place! May God be with u on your quest!

i have seen people compromising their pin numbers, at some atm terminals, especially month ends when workers collect salary it is crowded and instead of people to keep their distance to enable the person withdrawing to enter his/her pin discretely.  You will see people shoving even the person collecting and most times they are not bothered only interested in collecting the cash.  I always insist people give me some space, if they refuse I refrain from entering my pin.  You will hear some people abusing you "how much do you have? you think I'm a thief? In fact how did you get the money? and so many derogatory remarks will be made.  There are thieves among them and the honest innocent ones will support them, because to their knowledge you are alleging that they are all crooks.

His Royal Lowness (is it Highness?), His Unmajestic (Majesty?), d shameful wifebeating, public fightin, Deji of akure is hereby suspended indefinitely by council of kingmakers. gbam!

the thing about atm is that before you took it, you have been made to sign that the bank will not be responsible for any loss.thats one clause most of us dont realize. the smiling CSO will just tell you "sign here and here"and most of us never realy read whats written there we just sign.so seeking a legal justice might not be an easy thing.

stagger:

I have just finished writing an e-book on How to Protect Your Bank Account from ATM Fraud.

In it, I comprehensively wrote about the methods ATM fraudsters use to clear money from victim's accounts. You will be surprised to know that there are methods that do not even require them to get your card physically.

You also need to know that the bank will only be liable to pay you back when you report within a certain length of time, otherwise you will be held liable for illegal withdrawals from your account.

I suggest you order this e-book so you are informed about this and other issues pertaining to ATM card protection. The same goes out to others who may be interested as well.

Send an SMS only to 08027601655 (do not call; the phone has been configured to receive SMS only) for details on how to get your copy for N1,800. Or email info@n2sms.net.

As an aside, I am willing to grant some help to those who purchase the e-book who may have been victims in the past. Not that I will actively begin to chase the people involved, but there are hints I will give that will help you close down or at least narrow down your search for the people behind this.

See your self, rather than giving free advise you are advertising your market.
My brother don't mind him. Meet them again in the bank and let them know you have not disclosed your ATM card to anybody. May God help you.

@ neuro,sorry 4 ur loss but i happen 2 have a gud knowledge abt ATM disputes being dat i once worked in such a dept with a bank n i hav seen countless cases n solomonjay is  right abt having all ur evidence complete b4 u go 2 court cos banks do know hw 2 protect demselves very well. Now d truth is if u have collected d card n pin n signed for it @ d bank,den d bank will shift liability 2 u but will only be liable if d card or pin has nt been given 2 u b4 d withdrwals or if u can proove dat d bank or it's staff somehow disclosed or gave out ur pin and card details 2 someone else,only if u can proove dis is wen d bank will admit liability.
As 4 d messages u didnt get on time as @ wen d withdrwals took place,u can sue for every other money taken except d 1st withdrwal if u can proove dat d delay in d msgs didnt give u time 2 react n block ur acct by sending a msg 2 d bank or callin dem 2 block ur acct 4 u n stop d oda withdrawals, but in all honesty u r climbing a steep wall. Wish u best in event u dcide 2 sue n hope u get 2 read dis among all dis mombo jumbo.

@neuro. that was exactly my case.

same GTB, same "unauthorised withdrawals from ATM, same last year, same i did not lose my atm card and my pin was not comproomised.
i am even sure that the response letter written to u by one Charles Ndak is a template they use in sending to everyone. "the bank is unable to acede to your requesr for a refund". It is a mess. N442,600 was withdrawn from my account. it was a terrible experience. my organisation tried stopping placement of monies with them until they attend to my issue but they still didnt. i did not try option of lawyer but seeing ur message, my hope of recovering my money is rekindled.

sorry i forgot to add that in my case too, i didnt get any alert until two days later when the person had withdrawn about 442,000 in bits of 20,000

@ Poster: Please call 08070998015 and I'll see what I can do to help.

homerac7:

His Royal Lowness (is it Highness?), His Unmajestic (Majesty?), d shameful wifebeating, public fightin, Deji of akure is hereby suspended indefinitely by council of kingmakers. gbam!

But some folks are very funny; you know! What correlation has Deji of Akure's case  got to do with this discussion on ATM frauds?
Na wa ooo

what if the atm was used to purchase a product on-line?

@neuro,
sorry about your loss. Three things could have caused the fraud that happened to you
1. You compromised your pin on one of your withdrawals
2.You used an ATM that had a cloning device(very rarely in this part of the world)
3. There was an insider dealing at your branch (happens often)

My advice for you is that there is a desk at CBN that takes care of these cases because of the alarning trend. If you are very sure,repeat very sure your card was not compromised,please go back to the bank and threaten them that you are having your lawyer write to CBN about the case. You see,the secret is that CBN had mandated the banks long ago to have cameras and a special upgrade on the ATM that prevents fraud. Most banks have not complied,hence if the bank can provide the details of where the withdrawals where made,the owner of that ATM is liable. The back up should have been pictures of the withdrawals.
Giving the banks details like this will most likely let them cough out the money without trouble because they fear CBN

The other option if you have the energy and money is to try EFCC tactics. That also works wonders.

Good luck and sorry again.

All this talk of get a lawyer, take them to court is mere brow beating.

@ solomonjay and others, i have a simple question for you, is it possible, remotely possible, that someone, without EVER EVER, having access to your card, physically, or noting the batch number on it, or your processing code, or your pin number, which supposedly is known to just you, have access such as to be able to use the ATM on your account?


see, if you can demonstrate the above, then feel free to sue!! you can get in touch with me sef, i will handle it for you. provided you can demonstrate the above.


look, get this thing right, the technology is called pin and chip. their is a chip, there is a card with a particular code on it, then there is your pin
to successfully clone your card, the above is needed or at least the first two.

note also that the cloned card will not have the same card code!!! (thats how they find out that a cloned card was used.

so even if the card was cloned, you also forget that your pin is neccesary and tied to your account. to change it, you need to even know it. the bank doesnt know it, interswitch may know, but you will get it only on the pain of death


we usually find it difficult to believe that people around us, loved ones can do such but unfortunately such is the case often.


@ poster, the best you will get is a verdict that says you are contributorily negligent along with the bank(your only firm ground is the alerts, which by the way i actually hope you subscribed for on your ATM application form) if you did not, the bank had only been scamming you by sending alerts to get fees, they do not owe you a duty to send you alerts, the contract you have does not say so!!!!!!!!

there is absolutely no way the bank will be made to pay you for your negligence. this is like suing the bank for honouring your cheque on which your signature was forged. how did the forger get your cheque leaflet? (i handled a case like that 2 years ago, the guy is still licking is wounds for being silly and allowing a lawyer con him for a fee)

@ poster, how much is the amount involved? if the amount is less than or equal to 100k, i will advise you forget going thru court to seek redress. reason is because of legal fees. You said it was after the fraud and just after you made a report you started geting alert? I bet the alert was configured for you after the fraud, not before. Some banks configure alert for their customers soon as the account is opened, some don't untill the customer specifically makes a request for it. I wouldn't know which league GTB belongs, but the alert you got after the fraud may have been configured or reactivated just after the fraud, for your benefit only, and to avoid future re-occurence.
A lot of thing may also have gone wrong:

1. If an alert had previously been configured for you before the fraud, and was dormant for the duration of the fraud , but was immediately active when you made a report: We can narrow it down to insiders abuse. someone in the e-banking/IT dept must have a case to answer iff and only if you are sure your pin was not compromised. the bank may be held liable.

2. If no alert was configured till you made a report, and you are sure your pin was not compromised (which i doubt in this case), the bank will not be liable, because your card must have been cloned.

3. If you cannot account 100% for the safety of the card, or you suspect at any time prior to the time of fraud that a friend or relative or any third party may have seen your card number (not necessarily PIN), and, i repeat, the amount is less than 100k, forget about lawyer oh! work to get more money, that one is lost.

I wish i can speak for you the first option here is true, then you can comfortablly go to court with a lawyer behind you!
best of luck man.

if you have ever changed the pin from the initial one, forget it the bank doesnt know it

why do people forget that its not the bank that runs ATM' network. they are run by interswitch. the banks have arrangements with them whereby the card is customised with the bank's branding, and issued through the banks and tied to accounts with the banks. the money making part is between them

in my opinion somebody is trying to market a product here. my opinion may be wrong, pls but i am entitled to it.
Nero, Stagger and Country man are all one and the same person with many aliases trying to sell a book. ain`t nothing wrong in that but honesty has been compromised.

Dearest Nairalanders:

This is why you should join me in the campaign to discourage Nigerians from using d ATMs. Banks are making a kill from the ATM, still, customers cry daily for loss of hard earned money thrugh their ATMs. If you have not lost money via ATM, wait, it's just a matter of time, you certainly will. It's not about keeping your PIN and card safely, it works like magic. As if some spirits are involved in d game. Dont be fooled, banks will not pay u any dime. and I bet, u can hardly win an ATM fraud case against any bank, unless na mumu bank.
Lets all stop using d ATMs. dont collect your ATMs from banks in the first place, if you have collected already, walk back to d bank and tell them u want to return your ATM card to them. They will give you a document to fill and sign. drop the stupid card for them and free yourself.

@ poster, accept my sympathy though.

there are criminals inside naija banks

This thing is becoming something else

knotty:

in my opinion somebody is trying to market a product here. my opinion may be wrong, pls but i am entitled to it.
Nero, Stagger and Country man are all one and the same person with many aliases trying to sell a book. ain`t nothing wrong in that but honesty has been compromised.

I sensed it, but just replied for other readers. Even when it is proven that a post is for marketing or 419 people still respond to such posts on nairaland.