Can communicating with bank (defendant) hurt my case.

My fault. I wasn't clear on what I wanted. I'm more interested in the transaction itself rather than whether the bank is wronging you, in case there was some way of identifying the purchaser.

The date that the purchase was made?
What was purchased?
From whom was it purchased?
Where was your debit card on that date?
Anybody else have access to it? Family? Friends?
Date and time of the alleged delivery?

I've bought many items through eBay and never had to sign for anything. I just get an email when an item is delivered.
 
adjusterjack said:
My fault. I wasn't clear on what I wanted. I'm more interested in the transaction itself rather than whether the bank is wronging you, in case there was some way of identifying the purchaser.
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Sorry for the delay. I have been taking care of my sick mother.

The date that the purchase was made? November 18th 2022

What was purchased? Dell PowerVault LTO8 SAS External Tape Drive 0TPG36 01PL15801NNXD LTO-8

From whom was it purchased? eBay

Where was your debit card on that date? In my possession

Anybody else have access to it? Family? Friends? No

Date and time of the alleged delivery? 11/26/2022 1:24PM
 
adjusterjack said:
I've bought many items through eBay and never had to sign for anything. I just get an email when an item is delivered.
Click to expand...
This item cost $3,537.35. I am thinking that regardless of the cost $1 or thousands, eBay stated to Santander that I was not responsible. Does that not ultimately matter? Santander botched that communication up. Then when they were aware of the correspondence, stating I am not responsible, they simply say we don't have the money because we gave it back to eBay. eBay and Santander go back and forth about who should give me back the money. I have a recording of that. Now they are telling me, the entity with the least power, to go to the other party and retrieve my money.
 

Attachments

pctechtv said:
From whom was it purchased? eBay
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No. You purchased an item from a merchant who advertised on eBay.

Let's start with that.

A merchant received an order for an item. The item was paid for by your debit card. According to the merchant's records the item was shipped to your address and delivered on 11/26/22 at 1:24 PM.

How was the item shipped?
UPS?
Fedex?
USPS?
Other?

Was it shipped with "tracking?"

Have you gotten a copy of the "tracking" record that confirms delivery?

The merchant should have the tracking number that you can look up on the shipper's website.

Have you done any of that?

Seems obvious that the merchant isn't going to refund money on an item that was shipped.

I've read eBays money back guarantee and I don't think it's applicable to your situation. So, when eBay says you aren't responsible, that opinion is meaningless if eBay doesn't have a process for giving you eBay's money when somebody has committed a crime against you.

That leaves your bank. Your contract with the bank provides you with protection against unauthorized transaction. I asked you earlier if you complied (to the letter) with the section of the contract that addresses Your Liability for Unauthorized Transactions but you didn't answer.

I also asked you what you alleged in your small claims complaint and you didn't answer.
 
It wasn't purchased from eBay - eBay is the venue, not the seller.
 
adjusterjack said:
That leaves your bank. Your contract with the bank provides you with protection against unauthorized transaction. I asked you earlier if you complied (to the letter) with the section of the contract that addresses Your Liability for Unauthorized Transactions but you didn't answer.
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I found this out in the back on December 2nd. I sat down with a banker and made a claim. They told me to go call eBay and I did that. eBay sent me the letter I posted. The claim was opened at that time. I followed up with my banker to see that the information was received (from eBay) I did not hear anything back but received provisional credit. Santander states that later eBay provided proof of a valid transaction. But they missed the proof I show that my account was accessed without my authorization.

But as to the question, reading that section, I did comply. And then I sent them an email with the letter from eBay. This happened the same day I opened the claim in the bank.
 
All I can say at this point is prepare your evidence for court. Make sure you have duplicates of everything so you can hand one to the judge and one to the defendant.

Be brief. You won't have much time to present your side. Maybe 15-20 minutes. I wouldn't waste any time claiming lost wages and time, nobody every gets that.

Report the outcome when it's over.
 
pctechtv said:
I won my case. Please see the attached which gives some detail.
Click to expand...

It gave no detail at all. Why did the judge rule against the bank? What happened at the hearing? Did somebody from the bank raise a defense?

pctechtv said:
Is there any advice how I should contact the bank to get them to pay up?
Click to expand...

Give a copy to the person you have been dealing with at the bank.

Send a copy to the CEO at the corporate address.

Leadership | Santander Bank - Santander
 
pctechtv said:
Is there any advice how I should contact the bank to get them to pay up? Thanks
Click to expand...

Before you do anything, you must perfect your judgment.

This describes how one goes about this huge task.

Collecting a Judgment
If you win a Judgment from the Court, this does not mean that you get a check at the end of the case. Often, you have to take steps to find and collect the judgment. This section will tell you what you need to do to collect a judgment without hiring an attorney.

A civil case ends in a decision by the court. This can be after a trial, inquest, arbitration, default, confession, stipulation, or motion. The decision will state what the judge decided and sometimes it may explain how they made the decision. The decision can't be enforced until a judgment is entered. A judgment is entered when the clerk signs and files it. The judgment is the final decision after a lawsuit. After the judge decides the case, the following must occur before the decision becomes official:

A document, called a judgement, must be completed stating what must happen next; and the judgment must be entered by the clerk.

A judgment can order that (1) money is paid, (2) something is done, or (3) that the case is dismissed. A judgment will also include terms such as costs and disbursements. Costs are the amount of money the law says the person who loses a case must pay to the person who wins the case. Disbursements are out of pocket expenses that the person who losses the case is responsible for, like filing fees. A judgment is good for 20 years, but if the plaintiff wants to enforce the judgment against land it is only good for 10 years unless the plaintiff renews it for another 10 years. If a judgment is enforced against land, the land may be sold to pay for the money owed.

Entry of a judgment happens when the clerk of the court signs and files the judgment. In some courts you must ask the clerk to prepare and record (or enter) a judgment in your favor. In other courts, you have to prepare the judgment and give it to the clerk to record. Contact the court where you got the decision to find out what to do next.

Entry of a judgment happens when the clerk of the court signs and files the judgment. In some courts you must ask the clerk to prepare and record (or enter) a judgment in your favor. In other courts, you have to prepare the judgment and give it to the clerk to record. Contact the court where you got the decision to find out what to do next.

After Entry of Judgment
To enter (record) the judgment, the person who wins the case must:

Serve a copy of the judgment and a copy of the notice of entry form on the person who loses the case. See How Legal Papers Are Delivered. The notice of entry tells the person who loses, the date the judgment was entered (recorded) and when the time to appeal started. The person who loses has 30 days to start the appeal process. See Starting an Appeal

File the Affidavit of Service with the court
Once the judgment is entered (recorded), it can be enforced. When a money judgment is awarded by the court, the person who wins (the creditor), serves a copy of the judgment with notice of entry, and can start Collecting a Judgment against the person who loses (the debtor).

Finding the Debtor's Money and Property
The Creditor has to find the Debtor's money if the Debtor doesn't pay. The Court does not do this for you. Some of this information you can find out by searching the internet, making phone calls or trips to government offices.

Try to find the Debtor's bank: you or someone you know may have paid the Debtor with a check. If so, look on the back of the canceled check for the bank's information.
Try to find out if the Debtor has a car: contact the New York Department of Motor Vehicles and find out the car model, year, license plate number and address where the car is registered. You can request this information by mail. The form is on the internet.
Try to find out if the Debtor owns land: go to the County Clerk in the county where you think the Debtor owns property to search.
Serve an Information Subpoena: this is a legal document signed by the Court Clerk that orders the Debtor and others to answer questions about the Debtor's assets.
If you can't find anything yourself, you can hire an asset search company that you pay to search for the debtor's property. You can find them on the internet.


Collecting a Judgment | NY CourtHelp


Collection Tools:
There are many tools to help you collect money or property from the Debtor. Some Courts give you the forms you need. Contact the Court to see if it has a form for you and to find out where to file it.

Collection tools:

A very important tool to help you collect money or property from the Debtor is called a Transcript of Judgment. This is used when you want to Make a Judgment Work in a Different Court or County.
If the Debtor has a bank account: The Creditor can serve a Restraining Notice signed by the Court Clerk on the bank to stop the Debtor from withdrawing money. A Restraining Notice can also be used to stop someone who owes money to the Debtor from paying it back until your debt is paid.
If the Debtor has a job: The Creditor can use an Income Execution to make the Debtor's boss pay part of the Debtor's salary to him or her. This is called garnishment. The Creditor fills out an Income Execution form and has it signed by the Court Clerk. Then the Creditor gives the Income Execution to an Enforcement Officer. Read People Who Collect the Debtor's Money.
If the Debtor has land: A judgment filed in a County Clerk's Office becomes a lien on the Debtor's land or land he or she buys in the county. Having a lien means that the Debtor can't sell the property without paying the Creditor.
If the Debtor has personal property, like a car, boat or jewelry: The Creditor can fill out a Property Execution and give it to an Enforcement Officer to use to take the Debtor's personal property. Read People Who Collect the Debtor's Money.
If someone owes the Debtor money: The Creditor can fill out a Property Execution and give it to an Enforcement Officer to make the person pay the Creditor instead of the Debtor. Read People Who Collect the Debtor's Money.
Other Ways to Make the Debtor Pay
Other Ways to Make the Debtor Pay | NY CourtHelp

People Who Collect the Debtor's Money
If the Debtor doesn't pay, after you find the Debtor's money, you can hire an enforcement officer. An enforcement officer is a sheriff, local police officer, city marshal or town or village constable who is authorized to take money or property from the Debtor to pay your judgment. Contact the court if you want to learn how to find an enforcement officer. Use the court locator box.

You have to pay the enforcement officer to collect the Debtor's money or property. The enforcement officer may charge you a fee in advance. The enforcement officer can also charge you for mileage fee. Sometimes these fees are added to the money that the Debtor owes you. If you and the Debtor agree to settle after you hire an enforcement officer, you will have to pay the enforcement officer's fees, whether he or she helped you or not.

You must give the enforcement officer the information you know or found out about the Debtor's money. Visit Finding the Debtor's Money to learn more.

Other Ways to Make the Debtor Pay
In certain kinds of cases, you may be able to get the Debtor's driver's license or professional or business license suspended until the judgment is paid.

Here are some examples:

If your claim had to do with the Debtor's car or how he or she drove a car, the Department of Motor Vehicles may suspend the Debtor's driver's license and car registration until your judgment is paid. The judgment must be for $1000 or more, and it must be unpaid for more than 15 days.
If your claim was about the Debtor's licensed or certified business, notify the state or local licensing agency if the Debtor has not paid you. The agency may decide to revoke, suspend, or refuse to grant or renew a business license. It must be at least 35 days since the Debtor received notice of the judgment.
In a Small Claims Court case, if a Debtor has three or more unpaid recorded judgments including yours, but he or she has the ability to pay them, you may be able to sue the Debtor for three times more than your original judgment. This is called treble damages. Ask the Small Claims Court Clerk if the Debtor is listed in the Small Claims Court's index of unsatisfied judgments.
If the Court finds the Debtor's business is fraudulent or illegal, you can notify the Attorney General. If the business is licensed, also notify the agency that licensed the business.
If the Debtor applies for a credit card or mortgage and the judgment has been filed in the County Clerk's Office (see Make a Judgment Work in a Different Court or County)

Making a Judgment Work in a Different Court or County (Transcript of Judgment) | NY CourtHelp

the credit card company or mortgage company may reject the Debtor. The Debtor may pay the judgment to improve his or her credit rating.
 
pctechtv said:
Santander did not come to court.
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That was the detail I was looking for and pretty much expected.

You got a default judgment because the defendant didn't show up.

That's not the same as a win. In fact, I'm guessing that nobody showed up because they know how difficult it will be for you to enforce the judgment.

And when it looks like you may be making some headway they can file a motion to set aside the judgment for a variety of reasons and make you start all over again.

If you think I'm wrong, go ahead and send a copy to the CEO and see if anything comes of it.
 
Thank you again for such relative advice. I am happy to have gone through this because now I know the process. If i think about this, the money is not even important anymore. I like knowing what 99.9% of the public does not know. I have all day to go back to court with these dismissive a**holes! Even if it takes years. I love it now because the court explained to me now they can not use arbitration or avoid showing up for any more appeals. Maybe they have even slicker tricks planned. But... if so for next time I plan to turn up the heat.

I got to court very early because I was anxious to play my recordings and show my documents, but when I looked at my information, I was like what are they going to say. However. I know that related to being the 99.9%, I might not know. When I got to court I bumped into a friend of mine from my neighborhood that I know is a lawyer, but I did not know he functions at or around that court. He wanted to advice me and help. He took a look at my evidence and said the same thing the judge said during the moment in court. "Where did you learn to do this". They were talking about the way I prepared evidence. I came to smash them. My friend started reading my exhibits, stopped around exhibit C and said I cannot see them having any defense for this. Funny that is the same thing the Judge did. First he said to me that no one lawyer or person has ever handed him such well prepared evidence and said thank you because it make his job very easy. I started reading the docket list describing the exhibits he stopped me at exhibit C
adjusterjack said:
Make sure you have duplicates of everything so you can hand one to the judge and one to the defendant.

Be brief. You won't have much time to present your side..
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and said he did not need to hear anymore but he and the court need to research somethings but would have my judgment to me in 60 days. So here I am.

Everybody on the bench said to me - "good job". Everybody in the courtroom was looking at me weird. But one lawyer, made a joke, and said you should be my lawyer.

I left the court and patiently waited for my judgment. The whole time thinking that what the judge said about researching somethings could relate to some legal technicality that could make the action I took not possible. However, here we are. I would call this some headway, and if we are not finished I am just getting started. They have tricks, so do I!

Thank you so much for giving this the time you do, and telling me what I need to hear.
 

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