Do you know of a lawyer who is an expert on e transfer fraud. I was sent funds to me from their CIBC account it was

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Customer: Do you know of a lawyer who is an expert on e transfer fraud. I was sent funds to me from their CIBC account it was somehow intercepted and when I clicked to open the e transfer it said the funds were already deposited. CIBC knows where the funds went.. yet they seem to be stalling with the investigation. It has been 6 days now and the sender is getting concerned he will not get his money back. Banks can be notorious for not accepting
JA: What state are you in? It matters because laws vary by location.
Customer: Uh oh... Canada you may not be in our zone
JA: What steps have you taken so far?
Customer: CIBC escalated to client care. it went into an unknown TD account and CIBC fraud dept knows the name of that account.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: What is the most efficient manner to get the funds back. for the sender
Answered by Debra in 5 hours 2 years ago
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Debra
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Debra
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Jessica

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Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Debra, Expert

I am sorry to hear this.

What does CIBC client care say so far?

How much money are you talking about?

Customer
Still working on it
Customer
They know where the funds went the CIBC fraud department it went in a TD account and they know the name of the person the funds went into so I'm not sure where the run-around is since they know the steps that have occurred
Customer
I was the planned receveur but they intercepted the funds from the sender
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Debra, Expert

Ultimately you would sue CIBC if the money isn't returned to you. Not only was this the result of their negligence but they know where the funds are and so must retrieve them.

There is no reason this should be taking this long.

You can tell them if they don't get this resolved very soon you will have no doubt but to consider your legal options.

One would be to sue and the other to go to their ombudsman but you cannot do the latter until you get a decision for client care.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer
Hello
He sent me $1750 CAD . When I clicked on the e transfer it said it was already deposited. The crazy thing is the sender was on the phone with CIBC Fraud Dept the next day and as mentioned they know where the money went and the name on the account. A rep from CIBC will be calling the sender tomorrow. ...Lets see what they come up with. .. It is a bit concerning as banks can have a reputation of not taking responsibility for this..I have already called the CIBC people 4 or 5 times with lengthy conversations.. One rep who will hopefully provide the necessary reimbursement .We are trusting their system by participating with the funds transfer and as I mentioned the fact they know who the funds went to and the account a TD account really should settle it. I would think the banking system would have collaborative agreements dealing with fraud of this nature.
Thanks for the insights
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Debra, Expert

It sounds like they will get the funds back tomorrow.

If not you can follow my suggestions and if you end up having to sue I can help through the site.

Customer
Hello Debra
This is the response I got from Fernando the senderHi Geordi,After a long conversation and upon insisting; I was passed on to Morgan (Lead of Fraud Dpt) 1-***-***-**** ext 0061; she has now taken over the case # ***** and will investigate further and get back to me either later on today or Monday.I would recommend that you continue with your pursuits at your end; CIBC has not changed its approach about liability.
Regards,
FernandoWhat are you thoughts... ? Again CIBC knows where the funds went.Thank you
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Debra, Expert

Does Morgan work for CIBC?

Customer
I believe so
Customer
It would be the CIBC mortgage fraud department
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Debra, Expert

CIBC must get the money back or they are liable.

But so is Fernando.

Fernando owes you the money and you didn't get it.

So really he has to pay you and he has to sue the CIBC.

Customer
Fernando is okay he sent me an e-transfer two days later for 1300 and that went through without a problem
Customer
I know him a
Customer
I bet
Customer
A bit
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Debra, Expert

That's good to hear but ultimately you cannot be out any money of course.

Customer
True it is a bit unusual that the banks are giving the runaround as I thought this would be a quite a straightforward procedure let's see what time will tell
Customer
It sounds like you have dealt with this a variety of times before if we need to proceed I guess we need to give you a call
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Debra, Expert

I don't take calls. I just work online.

This actually happened to me several years ago and honestly it was resolved in a few hours. It was with CIBC.

So I don't know what is going on.

Customer
the same situation were you the sender or the receiverthe CIBC people are telling Fernando once it's sent meaning the e-transfer Cent is out of their hands but that sounds very bogus
Customer
Sent
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Debra, Expert

I was the receiver and the sender was my ex-spouse and it was a significant amount of money.

But now that I think of it the difference is that it somehow went to another account that was in CIBC. So I think they simply took the money out of the account.

Your problem is that the money is in TD now.

Customer
That is correct but I would think there would be a modus operandi understanding between the banks when things like this happen
Customer
Meaning they would have some sort of collaborative agreement out of mutual concern for the customer
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Debra, Expert

I would sincerely ***** *****

But it does sound like they are looking into it and so I am sure they will figure out how this happened and get the money back.

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Debra, Expert

Is there any update?

Customer
Probably know more tomorrowI phoned BMO fraud department Scotia fraud department RBC fraud department and TD fraud department trying to get ahead of the curve hereAbout 2 hours or more out of the day trying to get feedback
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Debra, Expert

OK

Keep me posted.

If you could rate me now that would be better for me. The post won't lock of course. So we can still go up and back as much as you like.

Thanks

Customer
Hello *****I just finished another lengthy and un-fruitful conversation with David of the CIBC ID Theft and Scam department.He indicated that a procedure to block and isolate the fraudster in TD bank was done; he clearly and repeatedly indicated that it is not CIBC’s responsibility to initiatiate an investigation nor procure the retrieval of the funds. He indicated that the interception took place once the funds were in your possession and that your e-mail was hacked and so on….He provided the case number ***** and the phone number 1(866)365 2208; for the police to contact them. They insist that it is there where it needs to be address. I hope you can convince them of that and that your lawyer will be effective in this pursuits.Please keep me informed.Regards,
Fernando
Customer
This is the not great response
Customer
There must be a very effective way of dealing with this.
Customer
ombudsman?
Customer
Other?
Customer
Not looking greatWe sent you an email
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Debra, Expert

Do you think that is possible that someone hacked your email?

Are they willing to tell you where the money is?

Customer
RCMP does not think it was hacked because I received another email 2 Days Later without a problem and if they perpetrators did try to get into it which they probably would have according to the RCMP they probably would have tried again not sure yet but RCMP had an interesting perspective
Customer
RCMP think once CIBC knew the funds location they should have demanded a recall or just paid out from the bank RCMP things that may have been a glitch in the system
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Debra, Expert

You and the payor should both be complaining to customer care.

If that doesn't work then your best next step is to file complaints with the bank's ombudsman. If that doesn't work you would then file complaints with the government ombudsman. Unfortunately you cannot skip any steps in the complaints process. If you go into any branch of the bank there will be a brochure on how to complain and there you will see all the contact information you will need.

If that doesn't work you would sue the bank in Small Claims court and can self-represent.

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