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Who Is To Blame ( Customer Or Bank) ? - Business - Nairaland

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Who Is To Blame ( Customer Or Bank) ? by rhamzus(m): 4:26pm On Sep 20, 2011
I payed 12k into wrong account with a digit wrong but the name was right, now the account officer says its my fault. How is dis to be, cos i guess its the duty of the bank to ensure that the name matches the acct number. If i can get the name right and jst a wrong acct no, culdnt i nt b contacted on d error or wat is d pt of putting yur phone number on d deposit slip?
The funny thing is the wrong acct holder don play smart, d guy withdrew all d cash. Pls does anybody know d legal action i can tak on d bank or proper authority to talk to.

The bank has a orange square.
Re: Who Is To Blame ( Customer Or Bank) ? by Nobody: 7:24pm On Sep 20, 2011
you are both to blam as we can clearly see that the name on the account is useless since the guy got your money and withdrew it.
you are BOTH to blame and good luck in trying to get the money back as it sure wont be easy!
Re: Who Is To Blame ( Customer Or Bank) ? by samm(m): 8:59pm On Sep 20, 2011
You do have some blame but at the end of the day, the bank has a larger share of the blame.

Although, you had the account number wrong, the teller was supposed to verify both name and account number. That is the reason they require you to provide that information when filling out a deposit form.

I suggest to try to speak with the customer care manager at the branch location to have the transaction reversed and paid into the right account.

As for the person who withdrew the money, the bank should sort it out with the individual. Basically, he/she will get the same amount debited from his account.

Good luck.
Re: Who Is To Blame ( Customer Or Bank) ? by Nobody: 9:14pm On Sep 20, 2011
samm:

As for the person who withdrew the money, the bank should sort it out with the individual. Basically, he/she will get the same amount debited from his account.

Good luck.

i dont know where you are from but it doesnt work like that in the real world. since the person on the other side cashed the money, the bank can only "ask" that person to give it back. if he doesnt, there is not much the bank can do but to blacklist that person until they pay it back.(i guess if he withdrew it all that means the account is dead empty)

happened to someone very close to me in the UK, bank made a mistake and deposited a HUGE amount of money on his account. he withdrew it all before they realize the mistake. when they did, he told them he already spent it all and the only thing the bank could do was bank blacklist him until the whole amount was repaid. he opted for a BS repayment plan, something like 10 bucks a week and simply had another friend open a new account for him where he deposited his newly found "jackpot".
Re: Who Is To Blame ( Customer Or Bank) ? by Seun(m): 11:42pm On Sep 20, 2011
Although, you had the account number wrong, the teller was supposed to verify both name and account number.  That is the reason they require you to provide that information when filling out a deposit form.

Exactly. Also, good businesses almost never blame the customer.
Re: Who Is To Blame ( Customer Or Bank) ? by Nobody: 12:16am On Sep 21, 2011
rhamzus:

I payed 12k into wrong account with a digit wrong but the name was right, now the account officer says its my fault. How is dis to be, cos i guess its the duty of the bank to ensure that the name matches the acct number. If i can get the name right and jst a wrong acct no, culdnt i nt b contacted on d error or wat is d pt of putting yur phone number on d deposit slip?
The funny thing is the wrong acct holder don play smart, d guy withdrew all d cash. Pls does anybody know d legal action i can tak on d bank or proper authority to talk to.

The bank has a orange square.

The bank has 100% of the blame. The Teller that accepted the deposit should be written up as he/she didn't practice due care, he/she is supposed to be a financial professional. They need to verify/cross check deposits properly.

It's up to them to get the money back from the fraudulent customer.

Knowing Nigeria though you're out of luck.
Re: Who Is To Blame ( Customer Or Bank) ? by phuckNL: 12:57am On Sep 21, 2011
If the name and account don't match, the money should never have been paid in. PERIOD.
The bank is 100% liable.
Re: Who Is To Blame ( Customer Or Bank) ? by manny4life(m): 12:59am On Sep 21, 2011
rhamzus:

I payed 12k into wrong account with a digit wrong but the name was right, now the account officer says its my fault. How is dis to be, cos i guess its the duty of the bank to ensure that the name matches the acct number. If i can get the name right and jst a wrong acct no, culdnt i nt b contacted on d error or wat is d pt of putting yur phone number on d deposit slip?
The funny thing is the wrong acct holder don play smart,  d guy withdrew all d cash. Pls does anybody know d legal action i can tak on d bank or proper authority to talk to.

The bank has a orange square.

On this one, it's a shared responsibility. I'm not trying to side with banks; however, customers don't have any special protection and are held liable just as much as the bank and in this case, individuals have responsibility to make certain that they fill out the forms etc. Meanwhile, bank tellers are to cross check names and acct # to verify deposit. Quite unfortunate, there is no legal recourse to this, and if even if there was (in this case, small claims court which Nigeria DOESN'T HAVE), for 12k? Brother, if you're in dire need of the money, u have a PayPal acct, I can send $70 to you.
Re: Who Is To Blame ( Customer Or Bank) ? by randowang(m): 2:29am On Sep 21, 2011
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Re: Who Is To Blame ( Customer Or Bank) ? by logica(m): 2:57am On Sep 21, 2011
It's been a while I made payments at a bank counter but I figure the software they use to post is similar to the screens available for Internet banking. Therefore I expect the account officer to have had a confirmation page to compare with the details on the form. Since the name on the screen would not tally with what you have on the form, the officer is to blame.
Re: Who Is To Blame ( Customer Or Bank) ? by ShyOne(f): 3:55am On Sep 21, 2011
Seun:

Exactly. Also, good businesses almost never blame the customer.

phuck_NL:

If the name and account don't match, the money should never have been paid in. PERIOD.
The bank is 100% liable.

I don't know about Nigeria - but in the U.S. - the 2 above writers are 100 percent correct.



In the U.S.

the bank "COVERS THE MISTAKE"

the bank puts the money back into your account IMMEDIATELY - it might take some days maybe 5-7 days and it puts a negative into the other person's account and that person would also receive a letter stating the error - but they would be charged an overdraft fee.

Regardless that it was your error writing a wrong number

The teller must check the account number against the name.  The teller would catch that error prior to the deposit going through.

It has happened to me at 3 different banks - where I wrote my information down wrong. But they corrected it on their end.

At another bank - someone deposited into my account mistakenly - I withdrew the money (it wasn't alot) - I was then given so much time to replace the money - I was charged a negative amount and an overdraft fee because as the bank stated to me - It is my responsibility to keep up with the amount I have in my account at all times and they blamed me for spending money that was erroneously deposited into my account.

The person who deposited erroneously into my account didn't suffer at all and was reimbursed from the bank's own reserves, as it is the teller's fault for not catching the mistaken deposit because it was done at a teller window and not in a night deposit - I then replaced the bank's reserve amount.
Re: Who Is To Blame ( Customer Or Bank) ? by eunisam: 4:05am On Sep 21, 2011
the Bank is to be blame,why didn;t he check befor posting the money?
Re: Who Is To Blame ( Customer Or Bank) ? by Outstrip(f): 4:30am On Sep 21, 2011
The bank is to blame. You told them to deposit the money into the account with your name and that account number. If they deposited it into an account that was not your name but the account number you gave them then they are still in the wrong. I hope you get your money back
Re: Who Is To Blame ( Customer Or Bank) ? by okeyxyz(m): 4:55am On Sep 21, 2011
@rhamzus,
in as much as we would sympathize, but looking at the case critically, you will have to take a lot of the blame for this error. the bank may not be liable because the systems that banks use for transactions verify numbers only without names because of the myriad of errors that accompany writing and translation\interpretation of names. thus the only requirement is to get the numbers correct. Moreover, like MRbrown rightly said, the bank will have no legal powers to reverse the transaction because every kind of transaction on an account has to be legally mandated\authorized by the account owner before a bank can carry it out(i am aware that nigerian banks do reverse transactions, but this is illegal, & they know nigerians don't know their rights). these are the documentations u sign when you open your account or when hand money over to be paid into an account. so the bank can only "beg" the accidental beneficiary to return your money to you.

MRbrownJAY:

happened to someone very close to me in the UK, bank made a mistake and deposited a HUGE amount of money on his account. he withdrew it all before they realize the mistake. when they did, he told them he already spent it all and the only thing the bank could do was bank blacklist him until the whole amount was repaid. he opted for a BS repayment plan, something like 10 bucks a week and simply had another friend open a new account for him where he deposited his newly found "jackpot".
Re: Who Is To Blame ( Customer Or Bank) ? by Nobody: 4:58am On Sep 21, 2011
Shy-One:

I don't know about Nigeria - but in the U.S. - the 2 above writers are 100 percent correct.



In the U.S.

the bank "COVERS THE MISTAKE"

the bank puts the money back into your account IMMEDIATELY - it might take some days maybe 5-7 days and it puts a negative into the other person's account and that person would also receive a letter stating the error - but they would be charged an overdraft fee.

Regardless that it was your error writing a wrong number

The teller must check the account number against the name.  The teller would catch that error prior to the deposit going through.

It has happened to me at 3 different banks - where I wrote my information down wrong. But they corrected it on their end.

At another bank - someone deposited into my account mistakenly - I withdrew the money (it wasn't alot) - I was then given so much time to replace the money - I was charged a negative amount and an overdraft fee because as the bank stated to me - It is my responsibility to keep up with the amount I have in my account at all times and they blamed me for spending money that was erroneously deposited into my account.

The person who deposited erroneously into my account didn't suffer at all and was reimbursed from the bank's own reserves, as it is the teller's fault for not catching the mistaken deposit because it was done at a teller window and not in a night deposit - I then replaced the bank's reserve amount.

You've said it all. This is the way it should be but unfortunately in Naija it's not like this.

@ poster: I know someone this has happened to before and he couldn't get his money back. The bank will tell you to talk to the person or they'll try to for you. But it's up to that person to agree or not. It's both your faults but more of the teller's fault as he/she should have crosschecked. But that's Naija banking for you. Anyway don't give up. Maybe if you talk to the right person they may help. But ideally, Shy-one's post above depicts how the error should be managed
Re: Who Is To Blame ( Customer Or Bank) ? by itiswell1(m): 6:34am On Sep 21, 2011
This is contributory negligence. If you are not sure of the account, walk up to the customer care person for the correct account. The bank also owe you a duty of care to ensure that the account number tallies with the account name.
Re: Who Is To Blame ( Customer Or Bank) ? by Nobody: 7:13am On Sep 21, 2011
.
Re: Who Is To Blame ( Customer Or Bank) ? by aged: 7:19am On Sep 21, 2011
There is always this mutual suspision btw d bank and its customers.I have seen a situation whereby two customer open an acct with same name in diff branches of a bank mainly to defraud a bank in this way.They will capitalize on the bank negligence by paying into diff acct but similar name and make claim if the bank enter their trap.Therfore refund may not be made until proper investigation is carried out.
Re: Who Is To Blame ( Customer Or Bank) ? by phemmy26(m): 9:21am On Sep 21, 2011
the bank is to blame

You fill in your deposit slip with a particular name and account number. Since you have a wrong account number, once the teller inputs the figures, into the account, there is no way it wuldnt bring out an error. Obviously, the account he credited would not have the same details you had on the teller.its certain that that the account credited would have one out of the two information correct, hence that account shouldnt be credited.

The two information given has to be correct at all times so if one is incorrect, he shuldnt proceed with d transaction, rather he calls the person on the phone number on the given teller informing him bout it
Re: Who Is To Blame ( Customer Or Bank) ? by rhamzus(m): 9:39am On Sep 21, 2011
Went to d bank dis morning, all they can say is dt they hav done a negative amt on d guys acct, so once he pays in i will b refunded. Wat if d guy decides nt to operate d acct again?

its really strange how honesty is difficult to find, how can you just withdraw money that u do nt know how it gt into your acct. Am sure d guy wuld b claiming na baba GOD don do am.
Re: Who Is To Blame ( Customer Or Bank) ? by DidiLove1: 10:21am On Sep 21, 2011
@poster, your payoff line says 'what doesn't kill u will make u stronger'.

As the loss of the 12k hasn't killed you, guess u are stronger. grin grin grin grin

Your chances of getting your money back are as bright as a N10 candle. Move on already!
Re: Who Is To Blame ( Customer Or Bank) ? by pynkspyce: 10:57am On Sep 21, 2011
in theory, the bank. In Nigeria, the depositor.
Re: Who Is To Blame ( Customer Or Bank) ? by mrofficial(m): 11:08am On Sep 21, 2011
What's the name of the bank so they can lose more customers. How can they blame you? The name can never match.
Re: Who Is To Blame ( Customer Or Bank) ? by Bestglo(f): 11:15am On Sep 21, 2011
@ topic,both your bank and you are to blame
from experience,i think it's better u get the number right than getting the name right,it's like they work with the account number and don't bother much about name
You will get back ur money  only when money is paid into that persons account
Re: Who Is To Blame ( Customer Or Bank) ? by sylve11: 11:27am On Sep 21, 2011
like three months back i had same problem, when i paid 20k into my g/f's acct. then paid 15k into my kid sist. acct. it ought to be a reverse payment. i left the bank without noticing it. 15 mins time my kid sist. called and said she received an alert of 15k and was grumbling. i rushed down to the bank immediately; the cashier did a reverse payment. may be i was fortunate! cool


@op,

the bank should be held responsible. when they key in the acct. no. it displays the acct holder's data. i think with that they ought to have contacted u via your phone no. on the teller. sorry 4 the stress grin
Re: Who Is To Blame ( Customer Or Bank) ? by Lizzypop: 11:46am On Sep 21, 2011
Poster very sorry for what happened but the fact still remains that the bank should bear the blame cos i have made deposit in First Bank with a wrong account number and i was called back the next day to inform me that the number i gave was wrong and i corrected it on phone and the payment was made, so maybe the teller is one of those bad eggs in the bank. period.
Re: Who Is To Blame ( Customer Or Bank) ? by kpolli(m): 11:51am On Sep 21, 2011
Go to gtb and complain. . . y r u forming orange square? Is interpol looking for u?
Re: Who Is To Blame ( Customer Or Bank) ? by Fokativ: 11:54am On Sep 21, 2011
Banks should be liable, they need to double-check things.
Re: Who Is To Blame ( Customer Or Bank) ? by emmatok(m): 1:15pm On Sep 21, 2011
That Bank teller is 100% wrong.

Will the-same bank pay you if your acc name doesn't match your acc number-NO

Every teller is trained to always assume the customer  make mistakes.

So the Teller must cross check details vary well before carrying out the transaction.

On the system the Teller must match your name, acc number b4 entering details.

@op

Go back to that bank, and if noting is done go the banks regional/head office.
Re: Who Is To Blame ( Customer Or Bank) ? by buragidi(m): 4:25pm On Sep 21, 2011
My brother, this is a case of gross negligience on the part of the Bank. Under Bank-Customer Relationship, A bank is to excercise due dilligence and care in the discharge of its duty, that is why Bankers are suppose to be professional. It is unfortunate that these days, we have more of Bank workers than Professionals working in Banks!

In the Case of GREENWOOD V. Martins (1933), A customer could however be held liable for contributory Negligience! but in this case i doubt it. The law in Banking is so protective of customers that it says where a Customer is under-credited, the bank runs a risk of nominal or substantial damages depending on weither the Customer is 'a person in trade' or not whereas if the customer is over credited and the money is spent by the Customer, the law says the Bank can not rely on the evidence that the Customer should have known through his Bank statement to institute action. The bank can only institute common law action against the Customer.

When money is paid in a Bank, the Teller is expected to excercise due care and dilligence by ensuring that all details are matched with the system and in case of dicrepancy, the teller should not post! He should pass the deposit slip to his superior officer, usually Cash Officer or Head of Operation who should make contact with the depositor to come back that same day to correct the error. Where the depositor refuses to show up, the money should be warehoused in the Bank's internal Account (GL) designated for that purpose untill the depositor comes back.

On arrival, the depositor who should have come back with the Customer's copy of deposit slip would be made to write a letter stating his intention about the transaction and requesting the bank to do so. The letter would be approved by the appropriate officer of the bank and then the fund removed from the Bank's GL and posted as requested by the depositor. In case the depositor wants his cash back, the Customers copy is retrieved from him and a Draft is raised for the payment.

A breach of this procedure is a gross negligience on the part of the bank!
Re: Who Is To Blame ( Customer Or Bank) ? by Nobody: 5:07pm On Sep 21, 2011
the bank can easily deduct it from the account and refund you. his account will only reflect negative.
it's the fault of the cashier. her job includes checking and confirming that account number matches name


Why is it not your fault
the account number could be sent via sms and truncation could happen
the sender may make a mistake
you also stand a good chance

thats why you have to provide the name in the first place, and your phone number so they can call you to rectify the error.
Re: Who Is To Blame ( Customer Or Bank) ? by wizb: 10:55pm On Sep 21, 2011
Didi Love:

@poster, your payoff line says 'what doesn't kill u will make u stronger'.

As the loss of the 12k hasn't killed you, guess u are stronger. grin grin grin grin

Your chances of getting your money back are as bright as a N10 candle. Move on already!

Lol!


I think the teller is to blame because he/she would have seen that the name does not match with the number.
Bankers/tellers are also human beings and are likely to make mistakes, but the customer should not be made to suffer for it.
Contrary to popular opinion here, a friend once had a similar case (of #50k deposit) with the big red Z bank in Nigeria. She didn't even know until she received the alert on her phone the previous day. She went to the bank to ask why her account was credited the following day. They apologized and she left happily. Now that is excellent customer service.

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