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#81
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[ QUOTE ] [ QUOTE ] I actually had a class on bank transactions in law school called "Commercial Paper," but I can't remember all the rules. It seems like if you had actually followed through with the transaction (sent the guy the go-kart and $4500), that you would have qualified as what is known as a "holder in due course" (HDC). As a HDC, you would only be subject to certain defenses after the bank paid you. A good lawyer might have been able to keep the bank from recovering the money back from you. [/ QUOTE ] I think forgeries count as a "real" defense and therefore usable even against a holder in due course. I know material alternations and fraud in the factum are both real defenses, and forgeries should fall into at least one of those categories. [/ QUOTE ] Ok does anyone really know the answer? I mean i do not see how the bank could recover from you. They could say you are liable but i see no criminal aspect here because you were a victim as well? [/ QUOTE ] I don't see how the bank could recover from me either. Come on. Like I said this bank employee said this with a straight face. I couldn't of if I were him. |
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#82
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This is a riot. The OP must be joking. There is simply no other explanation. The posts he's making can't be serious. [/ QUOTE ] Up yours. |
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#83
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[ QUOTE ] So what was that in English LOL? [/ QUOTE ] In English, it looks like if the OP received a check from the Nigerian scammer written on the Nigerian scammer's bank account (that had no money in it), then the OP's bank wouldn't be able to get the money back after they paid the OP if the OP sent the $4500 and the go-kart to the scammer. However, if the OP received an "altered instrument" (a money order that was originally made out for $60 but that had been changed to $6000), then the OP would have breached a "transfer warranty" and would have to pay the bank back the money. At least that's my interpretation. In any event, just be very careful when dealing with checks or money orders (especially those written on foreign banks). The bank you cash the check or money order at may be able to come after you long after you are given access to the money from the cashed check or money order. [/ QUOTE ] And in your opinion this is legitimate business practice? And I was careful. |
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#84
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once the bank cleared that check they are responsible if something goes wrong later. [/ QUOTE ] Obviously they are not responsible and will take back the money after they have cleared it. Thats how the scam works. You fell for the scam, how can you not see that? The bank teller saved your ass. |
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#85
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[ QUOTE ] Lots of people fall for this scam. The fact that you didn't know that the bank can still recover the funds after the cheque has cleared does not make you stupid. I would suspect that most people don't know this. You're calling outright fraud A"SCAM". This is nothing but theft. What are you talking about? Your own bank can guarantee to you a checks validity , you act on that assurance, and then they can later declare check invalid AND YOUR RESPONSIBLE. Is that what your saying? [/ QUOTE ] Yes, that's what I'm saying. I'm not defending the banks , I'm just telling you how things work. The banks' asses are covered if the cheque turns out to be fraudulent. [/ QUOTE ] And you don't think that is fraud. If your not defending them good, because you can't. Don't assume you know who is the originator of the check in this scenario. All I know is it came in the mail addressed to me. |
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#86
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This is a riot. The OP must be joking. There is simply no other explanation. The posts he's making can't be serious. [/ QUOTE ] I think he is serious and is just a stupid [censored] good ol boy, right wing, redneck, nutcase. |
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#87
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Question: Why are you bringing this up now, well over a year later? You're obviously still angry about it, did something happen recently to bring it all back? [/ QUOTE ] No I was just reading another thread about this and so i decided to share my experience about it. |
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#88
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[ QUOTE ] I'm not trying to get in the middle of a highly entertaining argument, but the OP did state: [ QUOTE ] after a few days I get an e-mail from some guy in Nigeria [/ QUOTE ] unless I am misreading something [img]/images/graemlins/confused.gif[/img] [/ QUOTE ] LOL...that's hilarious. I thought he'd stated that there was a guy from Nigeria involved, but then he was adamently arguing otherwise so I assumed I was mistakenly. Sigh, I think "ManyBeers" comes by his handle honestly. [img]/images/graemlins/smile.gif[/img] [/ QUOTE ] Getting an e-mail from somebody CLAIMING to be from NIGERIA does NOT mean said person is from Nigeria. Could be from across the street guy. Or you disagree. |
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#89
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Getting an e-mail from somebody CLAIMING to be from NIGERIA does NOT mean said person is from Nigeria. Could be from across the street guy. Or you disagree. [/ QUOTE ] Do you not realize that THIS HAPPENS ALL THE TIME AND THEY ARE KNOWN TO BE FROM NIGERIA. Jesus Christ |
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#90
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[ QUOTE ] once the bank cleared that check they are responsible if something goes wrong later. [/ QUOTE ] Obviously they are not responsible and will take back the money after they have cleared it. Thats how the scam works. You fell for the scam, how can you not see that? The bank teller saved your ass. [/ QUOTE ] Why in gods name aren't they responsible? They are my agent in this transaction and have guaranteed the checks validity. But their not responsible? Then who the fvck is. Are you serious? And you have the nerve to call that a scam. Three card monty is a scam, not this. |
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