<p>I wasn’t comletely sure at first because I reported the incident to the Internet Crime Complaint Center with all the information. </p>
<p>The bank sent a letter asking for the funds and threatened taking legal action. I simply wrote back with my argument and welcomed legal action. I have not heard from them in 3 weeks.</p>
<p>You were not completely sure? Wow. You need to do some research and get educated on these scams my young friend. You will get caught again. </p>
<p>You told the bank you welcomed legal action? Are you insane? You don’t have a leg to stand on legally. You have no legal argument. You will hear from them very soon trust me. And they will come after you for legal and court costs as well. Regardless of how it happened you committed fraud and took the bank’s money. Technically they could have you arrested - it has happened in these cases. </p>
<p>You need to go to the bank right now and talk to a branch manager about a repayment plan. Otherwise you better figure out how to pay for a lawyer. </p>
<p>This is the real world. It sucks what happened to you but it is your fault and your responsibility.</p>
<p>You really need to follow IronMaiden’s advice and go to the bank NOW to try to work this out. This could result in criminal charges and hiring a defense attorney will be more loss to you. Go to them to try to work out some sort of payment plan. You do not welcome the legal action that they can take unless you want a criminal record.</p>
<p>OP- there is a BofA case mentioned often by Clark Howard the nerdy money talk guy on the radio- BofA arrested and pursued charges against a customer who unknowingly deposited a bogus check.</p>
<p>Avoid this escalating, go find some one in person and talk to them, get this out of the system and into a personal realm. Do not allow the computer processing to affect your ability to open a bank account (there is a national database which tracks who is a ‘bad’ customer) or your credit</p>
<p>Your college should have counsel that is available to help kids who are in legal problems. Set up a meeting ASAP and bring all documents and evidence regarding the situation.</p>
<p>My only question is, how am I going to repay this?</p>
<p>I replied to the bank because a family fried who is a lawyer said he has dealt with this issue before and said banks don’t want to get involved for small change (to them).</p>
<p>I have made a grave mistake.</p>
<p>I will have to contact the bank soon, but this just seems so impossible. I have a work study job, and to think that after the little money I get, a lot of it will go to that criminal day after day.</p>
<p>Yes, you would be repaying the money that was sent to him. For a moment, I thought you meant he would still get money somehow. </p>
<p>I think you just have to chalk this up to “lesson learned” and do the best you can to move on. Throw yourself on the mercy of the bank - maybe you’ll get a sympathetic ear.</p>
<p>Just to reemphasize what others have said, your email and regular mail address may now be on a list distributed far and wide to scammers. Do not ever take any of these email offers seriously. Don’t take phone offers seriously. Don’t take mail offers too seriously either. Any legitimate restitution effort through a foreign nation would likely come from diplomatic channels to law enforcement in this country. A very rare event. Your email, as others said was definitely a scam. As a business manager, since our address and phone number is out there for the public, we regularly get all kinds of patently fraudulent requests for information and funds, which we ignore. If I think that there is any way that law enforcement can help to stop it, I forward the information to them.</p>
<p>OP –
This is a unique CC thread, because there is no one disagreeing with the advice given to you. </p>
<p>Some have suggested you see if there is legal counsel available from the school (start with your Dean of Students) or that you contact Legal Aid.</p>
<p>You need to find a way to change your tone with the bank. Instead of welcoming legal action, you want them to be sympathetic to you. Explain that your initial reaction to them was due to your anger over the situation…but you now realize what needs to be done. Explain your financial situation. They will likely work out a payment plan with you. It is unlikely they will forgive any of the amount…but they might.</p>
<p>If you’re busy with final papers and exams, explain that to the bank too, and set a firm date to meet with someone there after exams are over.</p>
<p>I agree, it might have come from my anger. </p>
<p>I do have finals right now and am swamped with work, but that plan sounds well. I don’t really know how to make my case for them to feel sypathetic though. Banks are banks. And I do not want to ask my parents for financial help, they are already under a lot of pressure. </p>
<p>Who do I call though? The collections committee? I don’t have the number for the ‘fraud department’ so I think my best bet would be the collections committee. </p>
<p>Do you still have the demand letter the bank sent? Start there to see if there is a contact person. If not, go to the manager of the branch where you bank. I would go in to meet with him or her and just tell what happened but do not show any anger towards the bank - don’t question anything the bank did at this point and don’t try to shift blame to them. You want them on your side - not in a defensive posture.</p>
<p>I don’t know what you said in your letter, but when I first skimmed your post, I thought you meant you welcomed the bank taking legal action against the criminal Maybe you could imply that is what you meant, that you are young & naive and thought they were going to help you get your money back?</p>
<p>Don’t lie, but if some one has an ugly attitude with you due to your letter and it could be read that way, too, maybe asserting you thought the bank was on your side would be helpful</p>
<p>Are you kidding? Affect your credit? If you let it go to collections, or other legal actions against you YES! Ja! OUI! SI. A judgment against you(if it goes that far) is typically sent direct from the court to the credit bureaus. Then, any potential lender or potential employer will see it. Anyone reading that report will get the impression either that you are a stupid crook(tried to defraud a bank) or a deadbeat debtor. Both of those options are very negative.</p>
<p>I urge you first of all, not to be either of those. Secondly, I urge you not even to appear to be one of those.
Naturally, the longer you ignore this problem with the bank the less sympathetic they will be. Waiting gives the impression of trying to avoid facing this. For sympathy, I think your best bet is to give your bank the impression that it was a stupid kid who fell for an obvious scam, and then ask for their help to make it right given your finances. It’s not the most flattering picture to paint of oneself, but I believe it would be the most helpful.</p>
Ouch. This is a little harsh. True-- the OP should become more self-protective, but she has come here for help. We can probably be direct, even blunt, without calling her insane. JMO
This is good advice, because it seems to be the truth. The OP was perhaps a bit too trusting and/or naive and got scammed. Working with the bank and asking for their assistance is a smart move. If the OP’s parents happen to bank with this same bank, and happen to have a good relationship with them or with any bank officer, time to call in the contacts and resources. I have often been able to get things taken care of at our bank (a megabank but we have a good relationship with the branch folks and do a good amount of business with them) that my kids couldnt have gotten if they went on their own (though fortunately it was never anything like this situation- more like getting some extra services for free). If you haven’t involved your parents, OP, now might be a good time to do so. JMO</p>
<p>I’m sorry, but I stand by my original statement. Telling a bank to go ahead and take legal action when 1) you can’t afford to pay them back, 2) you don’t have a legal leg to stand on and no hope of winning, and 3) you can’t afford the legal fees you will be forced to pay (yours and the banks) on top of what you already owe may in fact be the legal definition of insanity.</p>
<p>The OP has been given absolutely correct advice which they chose to ignore and then almost fell for the scam again. I think a little tough love is in order here. We’ve got to stop coddling kids in this country and make them take responsibility for their actions.</p>
<p>Hopefully political correctness will be a casualty of this current economic crisis. We’ve got to get back to plain talk in this country if we are ever to get off the mat.</p>
<p>Perhaps asking the OP to clarify what she meant by saying she told the bank she “welcomed legal action” might be helpful first, before ripping her a new one. She’s not insane, she is inexperienced. Lighten up on her.</p>