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I am an online seller of baby products
Last August 26, 2013 (8:44pm), a customer texted me and ordered an item. He decided to deposit his payment in my bank account. On August 27, 2013, he then told me that his driver mistakenly send an amount of more than the amount for his payment. I told him that I will confirm through online banking. When I confirmed that there is an excess amount in my account I asked him where can I deposit the money. He then gave me further instructions on when and where can I deposit or return the money.
Last August 30, 2013, when I was about to check my atm account, there is a discrepancy in my current balance so I went to the bank's customer service and made some inquiries about it.
The bank officer then told me that my account has been in a Hold status due to a notice of adverse claim with a supporting police blotter. I called the bank branch where the complaint was received and asked them if they could give me a copy of the complaint so that I can take legal actions for it.
Allow me to state the grounds for claim : Mr. A wanted to buy a camera on sulit.com, he made the transaction by calling on the (seller) on his cellphone and the seller told Mr. A to send the money on his wife's account. (According to Mr. A, the account was MY account). Mr. A deposited the said amount and after that the cellphone of the seller has been off and so its a scam online and they got the money of Mr. A and never received any item from the Buyer.
Apparently, Mr. A was able to present the deposit slip for the said transaction and yes he was the one who deposited the money in my account. But I was really puzzled because I never had any transactions with Mr. A..That same day, I was able to find out the contact details of Mr. A to figure out what really happen. According to him, maybe a syndicate used my bank account to do the transaction with him. He then asked me if I could just return his money back and he will lift the hold status of my account. I was already doubtful on his real intentions of holding my account and so I did some personal investigation about his statement.
I was able to received response from the support team of the website mentioned by Mr. A where he found the name and cellphone number of the seller. According to the support team, there is no such record under the name and cellphone number of the seller mentioned by Mr. A in this statement. I also asked the support team if there is an advertisement posted specifically with the item Mr. A wanted to buy with the said amount, and the support team answered me back that there is no such advertisement with that specific details.
I sent a copy of this supporting documents to the bank for them to review and make a decision to lift the HOLD status of my account but it seems that they are not working on it since last August 30, 2013.
I even wrote an e-mail to them stating my disappointment because they didn't even bother to inform me about this incident not until I was the one who went to my bank's branch and asked for it.
The bank manager told me that they were about to call me pero naunahan ko lang daw po sila kasi August 29,2013 and they were about to close the bank when Mr. A went to their branch for his complaint.
Last August 30, 2013, I sent them my statement, the proof of transactions that I returned the money to the person whom I thought was the sender of the money. At present, I cannot contact my customer and Mr. A.
The bank's cellphone number is also out of reach and they are not answering my call through their landline.
What is the best thing that I can do for this incident?
Do the bank has any liabilities for holding my account without due process of investigation and not informing me on hand?
Please give me a legal advise for this.
Thank you and God bless your support group.
I am an online seller of baby products
Last August 26, 2013 (8:44pm), a customer texted me and ordered an item. He decided to deposit his payment in my bank account. On August 27, 2013, he then told me that his driver mistakenly send an amount of more than the amount for his payment. I told him that I will confirm through online banking. When I confirmed that there is an excess amount in my account I asked him where can I deposit the money. He then gave me further instructions on when and where can I deposit or return the money.
Last August 30, 2013, when I was about to check my atm account, there is a discrepancy in my current balance so I went to the bank's customer service and made some inquiries about it.
The bank officer then told me that my account has been in a Hold status due to a notice of adverse claim with a supporting police blotter. I called the bank branch where the complaint was received and asked them if they could give me a copy of the complaint so that I can take legal actions for it.
Allow me to state the grounds for claim : Mr. A wanted to buy a camera on sulit.com, he made the transaction by calling on the (seller) on his cellphone and the seller told Mr. A to send the money on his wife's account. (According to Mr. A, the account was MY account). Mr. A deposited the said amount and after that the cellphone of the seller has been off and so its a scam online and they got the money of Mr. A and never received any item from the Buyer.
Apparently, Mr. A was able to present the deposit slip for the said transaction and yes he was the one who deposited the money in my account. But I was really puzzled because I never had any transactions with Mr. A..That same day, I was able to find out the contact details of Mr. A to figure out what really happen. According to him, maybe a syndicate used my bank account to do the transaction with him. He then asked me if I could just return his money back and he will lift the hold status of my account. I was already doubtful on his real intentions of holding my account and so I did some personal investigation about his statement.
I was able to received response from the support team of the website mentioned by Mr. A where he found the name and cellphone number of the seller. According to the support team, there is no such record under the name and cellphone number of the seller mentioned by Mr. A in this statement. I also asked the support team if there is an advertisement posted specifically with the item Mr. A wanted to buy with the said amount, and the support team answered me back that there is no such advertisement with that specific details.
I sent a copy of this supporting documents to the bank for them to review and make a decision to lift the HOLD status of my account but it seems that they are not working on it since last August 30, 2013.
I even wrote an e-mail to them stating my disappointment because they didn't even bother to inform me about this incident not until I was the one who went to my bank's branch and asked for it.
The bank manager told me that they were about to call me pero naunahan ko lang daw po sila kasi August 29,2013 and they were about to close the bank when Mr. A went to their branch for his complaint.
Last August 30, 2013, I sent them my statement, the proof of transactions that I returned the money to the person whom I thought was the sender of the money. At present, I cannot contact my customer and Mr. A.
The bank's cellphone number is also out of reach and they are not answering my call through their landline.
What is the best thing that I can do for this incident?
Do the bank has any liabilities for holding my account without due process of investigation and not informing me on hand?
Please give me a legal advise for this.
Thank you and God bless your support group.
Sometimes that can be enough. 