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Help Please!!! I Need Legal Advise by Middleborn: 11:21am On Nov 01, 2021
I have a savings account with Stanbic IBTC Bank, i opened this account in their Yenagoa Branch in November 2019. The bank used my details (Name, BVN and account number) to apply for a loan, received 750,000 payment, which i didn't get the alert and transferred the money to another account. Now its time to pay back the loan and i just discovered what had happened. I went to the Bank to complain on Friday the 29th of October. I spoke with the Manager who couldn't feign ignorance as the case was not the first. He explained that one of their staff who has been long transferred was involved in these scam. He wants me to lodge a complain, he says they will address it.

I think this is a criminal act to impersonate me in order to obtain a loan...i would like the lawyers in the house to advice me. can i sue this bank and possibly fine them for this criminal act? What are my chances if i sue?
What should i do, please give me suggestion because i have to act fast, as i have to start paying back this loan by February 2022.

Admin Please Push this to Front page, i need help. Thank you.
Re: Help Please!!! I Need Legal Advise by Nobody: 11:30am On Nov 01, 2021
The bank ought to take liability for the actions of her staff...would suggest you get all details surrounding the loan, how he applied for it, signature, guarantor, collateral so that way u have more idea on how to tackle it.

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Re: Help Please!!! I Need Legal Advise by Ralphlauren(m): 11:46am On Nov 01, 2021
I don't think you realise the seriousness of this fraud that has been committed using your details.

I will advice you name the bank and the branch where this occurred.

I'm surprised the staff was not dismissed and reported to EFCC rather than transferring him to another branch.

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Re: Help Please!!! I Need Legal Advise by Ralphlauren(m): 11:50am On Nov 01, 2021
750k is a lot of money and the lender will go through great lengths including blacklisting you with other banks to get their money back from you.

I will suggest you lodge a police report, write a letter/email of complaint (i'll suggest you do both) to the bank's HEAD OFFICE, EFCC and CBN.

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Re: Help Please!!! I Need Legal Advise by yuping(m): 11:52am On Nov 01, 2021
Better go and report, this is a very serious case.

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Re: Help Please!!! I Need Legal Advise by remi1444: 1:15pm On Nov 01, 2021
CC Litigator
Re: Help Please!!! I Need Legal Advise by Boogyman557: 2:29pm On Nov 01, 2021
HOLLY GRAM cool NA ALL DIS NONSENSE WEY DE HAPPEN 4 DIS CUNTREE DON MAKE ME GET MY OWN KALA. AS I DE YAN U NOW, I GET LIKE 2 KALA AND ANY STREET OR PLACE WEY I DE ENTER, I DE CARRY MY OWN KALA. ABOBI ANY MANCHI WEY MUMU 4 MY SIDE. I GO BLAST EM LEG B4 PEOPLE GO BEGIN ASK WEITIN HAPPEN. WTF MAN
Re: Help Please!!! I Need Legal Advise by fergieboy: 5:34pm On Nov 01, 2021
Wahala

But which loan company gives as high as 750k at first try
Re: Help Please!!! I Need Legal Advise by Nobody: 2:18am On Nov 02, 2021
Middleborn:

I have a savings account with Stanbic IBTC Bank, i opened this account in their Yenagoa Branch in November 2019. The bank used my details (Name, BVN and account number) to apply for a loan, received 750,000 payment, which i didn't get the alert and transferred the money to another account. Now its time to pay back the loan and i just discovered what had happened. I went to the Bank to complain on Friday the 29th of October. I spoke with the Manager who couldn't feign ignorance as the case was not the first. He explained that one of their staff who has been long transferred was involved in these scam. He wants me to lodge a complain, he says they will address it.

I think this is a criminal act to impersonate me in order to obtain a loan...i would like the lawyers in the house to advice me. can i sue this bank and possibly fine them for this criminal act? What are my chances if i sue?
What should i do, please give me suggestion because i have to act fast, as i have to start paying back this loan by February 2022.

Admin Please Push this to Front page, i need help. Thank you.

Well! First, I am sorry for the late response. Too many things to do within so short a time. One of those discourses of Seneca. grin grin

Now let's get down to your question and your possible options.

It's not in doubt that you are a customer of the bank. And by the existing banker/customer relationship, the bank has a fiduciary duty of care, including a quinescare duty, to ensure that fraud is not perpetuated against your person.

In view of the above said, it presupposes that the bank has a duty to ensure that there are no unauthorized access and usage of your bank account. Especially by its employees, who are the eyes and arms of the company. A breach of this can crystalize or culminate in legal actions.

So what are your options?

Option1:

Talk to your lawyer and get him to request an examination on the account and a report on the extent of use and possible damage.

But if you want to skip legal fees without caring a cent about the possible legal implications, you can go to the nearest police station, procure a police report to the bank and the bank cleans loan slate. Just like that, you move on with your life.

But, please ensure you keep records and ask for the right documents from the bank for reference purposes. This might save you future premium tears and also ensure you do not invest in a future case of money laundering.

It might shock you what you will discover if you ask for a full and thorough report.


Option 2:

Get the bank to officially admit liability.

You will need the services of a lawyer, so this option won't come cheap. tongue

If you go this route, you will need to officially write to the bank HQ lodging a formal complaint of unauthorised access and usage of your bank account and request an investigation.

But prior to that, ensure you have your documents ready cos some banks will rather go to court, so they can extract a confidential settlement from you than expressly admit liability.

So, you can decide to sue for breach of fiduciary duty of care, and claim damages and perhaps force an out of court settlement. But it's a long road, and it's not instant magic. The beauty is that the bank will be forced to do a clean investigation, and some persons might lose their jobs. A few more bad eggs will be out of the system.

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