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Legal action: When is it worth it?
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| Lira |
Unbeknownst to me, my bank automatically added two monthly payments to my account. One from a mobile phone company, the other... from a company I've never even heard of, but apparently publishes curricula online for a fee. Both would be awesome, had I not purchased a pre-paid phone from an altogether different company ages ago and landed myself an awesome job a while ago as well. I thought it was an honest mistake, and went to my bank today. It wasn't a large sum of money, my losses totalled about 40 dollars.
Upon my arrival, I learned I could not have the money they already withdrew from my account back because... they had already withdrawn it from my account, and it rightfully belongs to these companies now. All I could do was block future payments from these companies (and these companies alone) and check my account every other week to make sure no one charged me for random things I never got. I then decided to go to the phone company, but it was just as frustrating: their system was down, and they asked me to come back later tomorrow with a letter stating that I've never had any business with them - provided the system will be back when I show up. The other company is an online company, and I'm afraid I may clog something if I shove myself into the series of tubes known as the internet. I'm sure that's how Russian hackers operate anyway, and God know what they're capable of.
So, the question is:- When is it okay, in your opinion, to take legal action? Would you go to the phone company again, or is once more than enough? Should I even bother locating the online company? I visited their website, and there isn't a single page I can use to contact them - unless I sign up.
- Would you sue the bank for failing to protect you and inform you before it was too late?
- Has something similar ever happened to you? What did you go?
Whether or not I'll sue anyone depends on my level of arsedness when I wake up on Monday... It's probably easier than going back and forth asking these companies for my money back, but I'm not sure this is fair as I was well received by the phone company, and my attempt to contact the online company lasted about 5 minutes. |
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| Vector A |
I would change banks.
Both of the banks I've used here in Murrica made it quite easy to undo fraudulent charges.
Not sure what you could get out of a suit. It seems rather likely that you would end up with less money on balance after the legal costs (which I imagine would be well in excess of $40, but then I don't know anything about the Brazilian legal system...). |
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| Lira |
| quote: | Originally posted by Vector A
I would change banks. |
A change is definitely in order.
| quote: | Originally posted by Vector A
Not sure what you could get out of a suit. It seems rather likely that you would end up with less money on balance after the legal costs (which I imagine would be well in excess of $40, but then I don't know anything about the Brazilian legal system...). |
I could probably use the state to sue them (free of charge), and get the money they now owe me (namely twice as much as they got from me) plus "damages". A student who overheard the conversation with my wife said her cousin did something similar and, money wise, it was definitely worth it as he got 3500 dollars in reparations... and that's what made me wonder if it's fair. Sounds like too high a sum to get for such a small mistake. |
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| Vector A |
| Haha, that sounds really high, but if it seems like it might work, I guess go for it. |
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| SYSTEM-J |
In the UK we have something called the "direct debit guarantee" where if you dispute a direct debit payment the bank can get you your money back (although not any bank fees that may have been incurred).
If you can sue the companies responsible through the state, get your money back and get some extra, them 'em. It's free money for you, and since these companies are exploiting people to make money they deserve being charged some excessive damages. If it becomes a well-known precedent, it may dissuade them from their nefarious business practises and in the process save further innocent people from having their money stolen. |
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| pkcRAISTLIN |
| quote: | Originally posted by SYSTEM-J
In the UK we have something called the "direct debit guarantee" where if you dispute a direct debit payment the bank can get you your money back (although not any bank fees that may have been incurred). |
yeah but lira is mexican. his 'direct debit guarantee' comes in semi and fully automatic formats. |
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| Nrg2Nfinit |
It boggles me that your bank added a monthly payment from a company you never heard of. How did they get you bank information ni the first place?
edit: to
thats pretty good legal grounds to sue i would say |
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| Lews |
| quote: | Originally posted by SYSTEM-J
If you can sue the companies responsible through the state, get your money back and get some extra, them 'em. It's free money for you, and since these companies are exploiting people to make money they deserve being charged some excessive damages. If it becomes a well-known precedent, it may dissuade them from their nefarious business practises and in the process save further innocent people from having their money stolen. |
This.
Sue the cunts, Lira. |
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| itsamemario |
Wait what? Companies can just set up payments themselves? Or did the bank to it for them? This whole thing sounds really weird, but I think that might be because Norwegian banks work in an entirely different way. You have to set up automatic payments yourself, or at least (request then) approve them. And any other payment has to be authorized either by one of those code chippies, or card+pin code.
Good luck getting your money back, though you'll likely not see a dime without putting in some serious effort. Small claims cases like this are a bitch. |
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| SYSTEM-J |
| Yes, it would probably be worth looking into how these companies got hold of your bank details, especially if Brazil doesn't benefit from protective banking laws. |
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| sensorium |
You didn't approve payments.
Sue the bank, sue the two companies. Move money to different bank. Send "damages" to us. |
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