Scammed!

What is the name of your state? Ohio

Someone emailed me in response to an add we had posted on internet sight to sell dirtbike. Long story, but it took 40 days to finally receive their cashier's check. I was to forward the money (included in cashier's check) to Nigeria for shipping this item. I was to keep my portion to cover cost of bike. You guessed it, cashier's check came back fake. My bank assured me (teller and teller manager) that there was not any clearance time on a this particular cashier's check because "the money for a cashier's check has to be put up front in order to purchase". Now, of course, they have held my responsible for covering the losses on this check (total 8300.00). I have found, through internet searches, that others have been scammed similiarly and that their banks too, gave them incorrect information to the point that they felt safe enough to follow through with the transaction.

Can my bank be held, in any way, partly accountable for this error? If so, what type of lawyer do I need, what would be their speciality area.

THANKS!

You have been scammed and are not going to get nothing. The first thing you must do is change your bank account number. When the folks in Nigeria get it, they are going to clean out your account. It doesn't matter what kind of lawyer you want, none are going to touch this with a ten foot pole. You would really need a lawyer in Nigeria, but they will just take your money too.

My response:

Copy and paste this link into your browser without the on each side: [url]https://forum.freeadvice.com/showthread.php?threadid=135603

Looks like "greed" did a gotcha to you. Now, you're stuck with the whole enchilada!

IAAL

In addition to IAAL's correct post, I add the following....

"Can my bank be held, in any way, partly accountable for this error?"
*** This is not a bank error, and they are not liable or accountable. The check that you presented to the bank was a forgery. There is NO statute or regulation that would require the bank to honor the forged check that you presented.

It has even been on CBS news:
http://www.cbsnews.com/stories/2002/11/01/eveningnews/main527883.shtml

This is a VERY common scam... and LOTS of people fall for it. More on THIS scam:
http://www.nigerianscams.org/SpecialAlert.htm
http://www.geocities.com/scamvictimsunited/scam.html
http://www.catteryworld.com/beware.htm
http://www.carsearch.com/mb/read.php?6,1,page=1
http://www.equine.com/external/alerts/africa_scam.asp
http://www.isetta-owners-club-gb.com/wwwboard/messages/6789.htm

I am curious " Always Liable" ...why do you feel that "greed" played a part in my scam?

I have found information where people have been compensated and settled out of court with their respective banks. Apparently someone is holding the banks accountable for the incorrect and insufficient information they gave to their customers regarding these fake cashier's checks.

At the risk of sounding a bit defensive...I haven't disclosed any information regarding the financial agreement between me and the buyer. I do not consider being offered the asking price of the bike as any "big money payoff". In addition, being offered the asking price for an item does not fall into the "too good to be true" category, in my opinion.

Thanks for your insight, none-the-less.

My response:

You made the statement - -

"I have found information where people have been compensated and settled out of court with their respective banks. Apparently someone is holding the banks accountable for the incorrect and insufficient information they gave to their customers regarding these fake cashier's checks."

And I responded - -

"MY RESPONSE: If you can please show me any indication that a bank was charged with being the "holder in due course" over these fraudulent "cashier's checks", I would be very interested and happy to read any evidence you have."


Should I hold my breath waiting for you to substantiate and confirm your statement, and thereby answer me?

IAAL

Patience apparently isn't one of your stronger points. When I have all of the correct and TRUE information, I will post. Until then, you may hold your breath if you like.

Are your postings always so rude in nature?

"Are your postings always so rude in nature?"
*** Are you always this defensive... in the face of overwelming evidence that you have NO chance of recovery??

You came on this FREE forum asking a fairly simple question ("Can my bank be held, in any way, partly accountable for this error?").
*** The clear answer is NO.

You further said that you had already researched this issue ("I have found, through internet searches, that others have been scammed similiarly and that their banks too, gave them incorrect information to the point that they felt safe enough to follow through with the transaction").
*** You weren't given incorrect information. You were given information that was accurate at the time that you presented the check. For all intents, the bank simply had no reason to suspect it. Further, I have to ask.... what did they say in WRITING as to the validity of the check??? If nothing was in writing, it is simply your word against theirs.

In any case, ONLY after getting accurate information from this forum, you have decided that rather than accept that you are the victim of a well-known, well-documented scam, and say "Thank You" (as any normal person would), you have decided to kill the messenger. Denial of the facts can only lead to further problems.

Let me be VERY clear on this....
1) You allowed your desire to sell the item, maybe even for more than your asking price.... and certainly more than you would have 'settled for' in any normal purchase process. (that is the greed part).
2) In return, you dropped what would be the normal persons 'alarm systems'... (that big old $8K+ cashiers check, clearly far more than any used dirtbike was worth, was pretty irresistable, huh??).
3) The cashiers check that YOU presented to your bank is forged or fraudulent (both tactics have been used).
4) And now YOU are stuck with making it good.

And I very seriously doubt that you have found any bank that made good on their customers problem as you claim. However, IF that happened, it would have been some very special circumstances. Like a long-time high-account customer that has allowed the bank to make big bucks in the past.... and they don't want to lose that account. Also, very likely factored would be the actual loss incurred. Simply, the bank has NO legal obigation to help you in the mess that you allowed yourself to get into.

Have a good day....

This forum is nothing but a place for arrogant lawyers (or so be claimed) to show their true colors.

In case you haven't noticed...there is an adult and educated way to inform someone of the reality they are in a more civil manner. Yet you people chose to do so otherwise.

I regret even posting on this sight.

Please....STOP THE POSTINGS. I've seen enough.

ohioresidents said:

This forum is nothing but a place for arrogant lawyers (or so be claimed) to show their true colors.

In case you haven't noticed...there is an adult and educated way to inform someone of the reality they are in a more civil manner. Yet you people chose to do so otherwise.

I regret even posting on this sight.

Please....STOP THE POSTINGS. I've seen enough.

Click to expand...

My response:

Hey, you're the one who "raised the bar" when you became snotty after we were the one's who had to give you the bad news. You can call us "arrogant" all you want - - if that's what your "guilt" requires you to do. Simply, you're just annoyed that we weren't able to "get you off the hook" and you're feeling terrible that you got scammed.

Don't take your stupidity out on us.

P.T. Barnum said it best - - "There's a sucker born every minute."

I guess when you entered into the "agreement" and lost your shirt to greed, that was your "minute."

IAAL

Snotty2hotttie is a real joke.
signed,

Arrogant Attorney