pugetsound1973
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Yes they can it is in the fine print of the terms and condtions of the card. If it was a lot of money I would get a lawyer for some help bullying the bank |
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Cassandra
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Of course they can. No matter which account the money came out of when she swiped the card, she was purchasing items with the intent of them to come out of her account. The bankk is simply correcting the error. They aren't stealiing her money. |
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Anne
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Would she have used the same amount of money if it was actually her card?
If she had been using her own debit card the money would be coming out of her bank account anyway, therefore she is responsible for the money spent with the card. |
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ALEXSANDRA L
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Only a idiot would want that much problems.
It's a felony. |
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Terry
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Yes, banking law is clear on this point. If through some error you are given money from another person's account, you are NOT allowed to keep it - you must return it to the bank. So they are right to hold her liable for this money.
I assume she was simply drawing what she needed anyway, thinking this was her account, so she should have the funds to cover this in her own account. |
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Terrence B Knows
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Sad but true
mistake or not by the bank
the bank can balance the books by taking the money
back from her account or
making her pay it back.
The big issue is that she used the card so she is
responsible for what she used.
mistake is a mistake
she couldn't get charged a dime if she never used it.
so thats how it goes
the bank will not take a loss on this no matter what.
so make arrangements with the bank to pay it off or down
bit by bit.
http://www.moneyrushonline.com |
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Easy Peasy
|
If the bank gives someone's card to the wrong person they are responsible for replacing the money in the account that was wrongfully charged. However the bank is entitled to recover that money from the person who withdrew the money. |
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davegretw1997
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If you take money out of an account that isn't yours, the bank can and will try to get it back. I've seen it happen. If it is your fault, or you did it knowingly, you are a criminal. If it was an honest mistake, they just need the money back.
Your aunt seems to be the victim here. If someone else took her money, the bank should replace it and then recover the money from the person who took it. It is called taking care of the customer. |
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TD Euwaiteâ„¢
 |
Yes. "Finders-Keepers" will not hold up in court. |
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J U
 |
Wait, wait... of COURSE they can hold you responsible for the money you take out of the account.
Her money is the money she deposited into her bank account.
The other person's money is the money they deposited from their bank account.
Just because she withdrew or spent money from the OTHER person's bank account does not mean she should not be held accountable for that money! She spent someone else's money! Or the more crucial point, she SPENT MONEY. It should be credited to her account. What is the problem? It should be as if she spent money from her own account. To correct the "problem," it should be as it was going to originally be... her spending money from her own account.
Just because the bank gave her the wrong debit account does not mean she suddenly gets free money and gets to walk away from the situation with no responsibility. She spent money. She should be accountable for money she spends, just like every other human being. |
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Zeltar
|
Yes. She used another persons money. Apparently, she even knew it. |
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misty m
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yes, she will have to pay the money back, and or face criminal charges. She is repsonibile for any miney she spends, even though there was a mistake that doesn't matter. |
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Tan D
 |
If she is aware that the money is belong to another person, and she used it for her own used, then she had committed an offence under Penal Code, Section 403, Dishonest Misappropriation of Property, which may extent to 2 years imprisonment, or fine, or with both.
However, if she believe that the money was belong to her, then it's up to the bank to get back the money from her. |
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Tracy C
|
The bank will account for each transaction on the account, and have controls in place for such. So, even if this person didn't know it was not their account, they still performed the transactions. Seems to me that they would be held responsible, and that the bank would need to switch the transactions to the proper owner's account. Just because they were against the wrong account, doesn't mean that the person didn't incur the transactions and thus should expect to see them show up on their (proper) account.
For the actual account holder, the bank may have some policy in place that allows them to be protected against loss. How that would work would depend on the bank. |
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Lilkryptonite
|
No they cannot hold your aunt accountable.
It is their mistake not your aunts. Worse case scenario is that they take out what your aunt used, and put it back into the right account. but if I were your aunt I would have every receipt she has when she used the card and match them with her statements. Becauswe who knows how much they may take out.
Normally if the bank makes a mistake, they try to fix it as best and fair as they can. |
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Dayna R
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if the bank gave you the wrong debit card... as in they accidentally gave you someone else's card with someone else's name on it then yes you can be held accountable. its fraud and identity theft. you should return it to the bank and tell them. if they gave you a debit card that has your name on it but it is connected to someone else's account its the banks fault but they will probably still repay the wrong account with your account once they find the glitch. |
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Finally his wife!
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no thats there mistake...she she contact a lawyer is they try to hold her for it. was her name on the card? or did they put the wrong account number when they activated the card? its def.not her fault. she did not know..and the bank should be the one who cerdit the other person...she should switch to a new bank |
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Phineas J. Whoopee
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The question is was her name on the debit card or the other persons name? Was it that they had the numbers mixed up or just sent the card to the wrong address? |
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ella36_2004
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I have my account in my name but my Aunt who own the business was transferring money to my account for the office use. Will I be liable if I spend it for myself? We have no written agreement . |
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