I'm pretty pissed off about this, and was wondering what the OzBargain community makes of it.
I'm going through a nasty divorce, and my ex-wife somehow got access to my Debit card and paid her lawyers $10,000 with it. We'd been living apart for 2 years but she must of kept a record of the number.
When I went to the bank report it, they issued a new card and asked if I wanted to instigate fraud proceedings against her to get the money back. They were really trying to talk me out of it - "We will have to go to court, and sitting in court against a family member is really traumatic" etc. In the interests of not inflaming the divorce situation, I decided to not push the matter. Also I figured it would just get calculated into the payout that I would have to give her.
Now, months later I have become aware that the bank has reversed the transaction to the lawyer, and has kept the money for themselves. So, of course, this has inflamed the situation, as my ex thinks I have instigated fraud proceedings, and I can't adjust the payout for it - just what I was trying to avoid.
Is it legal for the bank to do this - I'm now in a position I was trying to avoid, and they have $10,000 of my money!!
Do I have any right to ask them for my money back?
You haven't mentioned how you have come to know that the transactions to the lawyer has been reversed… It would be helpful to know whether it actually got reversed or not.
Banks do their reconciliations daily and if there has been a reversal from one account and no credit to another, there will be an outstanding discrepancy sitting somewhere. The discrepancy wouldn't just "go away"….
I, personally, would pursue it the same way the bank would pursue me if I owed them $10,000.