ANZ Bank can go to hell

My niece, who is an overseas study, has an account with ANZ. This is what happened to her,

05/09/2013 - found a payment in her statement saying "Payment to Telstra 2484500276". The amount was $401.42. This is strange because she is no a Telstra customer and has no association with Telstra.

11/09/2013 - we went to ANZ. They said they would investigate and stop any further direct debit from her account

18/09/2013 - received a letter from ANZ. "We wish to advise that in regards to your enquiry for $401.42, we have been informed by Westpac Banking Corporation, that the debit user has not provided an authority form. If you wish to request for a refund please contact us on 131314...."

23/09/2013 - another payment to Telstra but this time it was $1522.58.

26/09/2013 - went to ANZ. #@@#$%^&**:~

02/10/2013 - was told that ANZ won't refund money because Telstra refused to give the money back.


Feeling angry and quite helpless actually. Might have to contact fair trading and find a lawyer.

Any thoughts?

is that Telstra have her account details.
Although I suspect we may see more of these errors occurring as it only takes 1 number incorrect in a multi digit BSB and account number to debit the wrong account.
We have in the past (though not for the same reason) had dealings with both the Telecommunications Ombudsman, Telecommunications Industry Ombudsman - TIO
and the Banking Ombudsman, Financial Ombudsman Service
and they have both been great to deal with and got things fixed.

My concern is that you may get pushed between the two saying the other is at fault, so I would lodge a complaint with both concurrently. In the meantime close the account and move whatever funds are there somewhere else otherwise I guarantee it will happen again!
One thing some people are unaware of is that once you sign the paper to allow direct debit only the debitor? can stop the payment, you cannot!

Telstra must know to which account the funds were applied.

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Originally Posted by Wongo

My niece, who is an overseas study, has an account with ANZ. This is what happened to her,

05/09/2013 - found a payment in her statement saying "Payment to Telstra 2484500276". The amount was $401.42. This is strange because she is no a Telstra customer and has no association with Telstra.

11/09/2013 - we went to ANZ. They said they would investigate and stop any further direct debit from her account

18/09/2013 - received a letter from ANZ. "We wish to advise that in regards to your enquiry for $401.42, we have been informed by Westpac Banking Corporation, that the debit user has not provided an authority form. If you wish to request for a refund please contact us on 131314...."

23/09/2013 - another payment to Telstra but this time it was $1522.58.

26/09/2013 - went to ANZ. #@@#$%^&**:~

Banking ombudsman
02/10/2013 - was told that ANZ won't refund money because Telstra refused to give the money back.


Feeling angry and quite helpless actually. Might have to contact fair trading and find a lawyer.

Any thoughts?

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Banking ombudsman, thats what their there for

We went to Telstra but they could not help. She is no a customer so they do not have any information about her. The payment number on the statement didn't get us anywhere.

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Originally Posted by rwbuild

Banking ombudsman, thats what their there for

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Thanks for that mate.

They can help, but just won't because you are not the ANZ or Telstra acount holder. It would appear to be a criminal matter so I'd go to the police. They have the powers to get the info from Telstra. You may need to organise a Power of Attorney so that you can act on her behalf.

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Originally Posted by FenceFurniture

You may need to organise a Power of Attorney so that you can act on her behalf.

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Spot on.

Until you have a power of attorney or are organised as a signatory to your niece's bank account you can complain as much as you like but it's like p*****g in the wind. You have no legal authority to act and privacy legislation stops them doing anything.

So get an authority to act or use a solicitor.

Peter.

Close her account with ANZ for starters.

My feeling is that it has nothing to do with Telstra. It could be a criminal act. We are going in again this afternoon and take all money out of her account. I really want to go to the police. Do you think they can help?

I think you may need to close it outright. If emptied only, direct debits can still be taken out and put the account in debit.

Craig.

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Originally Posted by Wongo

My feeling is that it has nothing to do with Telstra. It could be a criminal act. We are going in again this afternoon and take all money out of her account. I really want to go to the police. Do you think they can help?

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Police will say its a private matter between you and the bank. unless you can prove it was fraud and not incompetence.

As has been posted elswere, talk to the managers, manager and keep flowing up the food chain until you find someone who gives a @#$%, this is from an employee at one of the competitors.

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Originally Posted by Wongo

My feeling is that it has nothing to do with Telstra. No, that's right, they are just receiving and accepting the money. But it has to be applied to a Telstra account, and they will obviously know which account it was applied to. Curious that there would be two in two weeks though.

It could be a criminal act. Can't see it as anything else, personally.

We are going in again this afternoon and take all money out of her account. Surely if you have authority to do that then you have authority to close the account, which would follow on to having the authority to be given information?

I really want to go to the police. Do you think they can help? Only one way to find out. Solicitors charge "rather a lot" per hour - Police are free, and if there is a criminal case then they will also take it to court for you, essentially acting on your behalf.

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The point is that somebody has set up this direct debit - the bank should know who that was (although it was probably done on the Net, but still....), and Telstra has applied those funds to some account. I'd hazard a guess to say find the Telstra account holder and you'll probably find the perp.

Closing the ANZ account may not be the best option.

At the moment she is a customer and as such the bank should have to listen to her complaint, if the account was closed she is no longer a customer and therefore the bank is even less likely to take notice of her complaint.

I think Gra's advice is very good, keep going up the food chain.

A registered letter to ANZ setting out the case so far and advice that the matter will be referred to the banking ombudsman wouldn't hurt either.

Verbal complaints are easy to ignore, complaints in writing via registered letter are a tad harder to ignore.

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Originally Posted by FenceFurniture

The point is that somebody has set up this direct debit - the bank should know who that was (although it was probably done on the Net, but still....), and Telstra has applied those funds to some account. I'd hazard a guess to say find the Telstra account holder and you'll probably find the perp.

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The direct debi, may not have been set up with the bank, but with Telstra, so the bank may not know who set it up, they just got an electronic feed from Telstra to debit account no XXX.

Wongo's problem here seem to be finding someone who gives a @$%, hence my sugesstion of going up the food chain until you find someone who does. I guarantee you a call from the regional manager to a branch gets things done real quick