I need a short report or Motion outline- outlining the validity of this case.
Here is the information you will need to know.
North Dakota Case.
Bob received a call from Fraud dept. at bank that his debt card is compromised. Bob is upset his card was compromised. Bob goes to the bank to get a new Debit card. Employee of the bank makes a new debt card and gave it to Bob.
Bob then contacts all creditors with the new debt card number and goes showing. He goes four (4) different locations (Transactions). Bob is notified by his wife that the transactions are coming out of her account.
Bob and his wife go to bank and ask for manager. None was available except a supervisor. Bob was upset about this mix up. The supervisor shows not sympathy towards Bob and tells Bob he not have to come down to bank to fix the problem.
NOTE: At this time there were 2 transactions that did go through and 2 transactions that did NOT go through showing in wife’s checking account.
The supervisor tells Bob he will take the total of the 4 transactions out of his account and place money in wife’s account.
Bob asks for a manager to call him. Supervisor states someone will.
A couple hours later, Bob attempts to use his debit card to rent a DVD but was declined. He then attempted to buy groceries and it was declined. While attempting to get groceries a manager of the store came over to see if they could help, causing bob embarrassment.
Bob was unable to get access (funds) to his account until the next day. Since debit card was deactivated by the supervisor when he attempted to “fix” problem.
Bob and wife went to another branch of bank to get new debit card again. The employees attempt to get Bob a new debit card but had problems but eventually made a new debit card for Bob. Employees explain Bob should have received a new debit card when he came into bank to talk with supervisor. What the supervisor did was transferred debt card from wrong account to Bob’s account, which employees say causes the debit card to become inactive.
Bob told employees to have manager contact him regarding these problems. Employees stated they would have manager call him.
Bob now has to contact all of the creditors AGAIN to provide the new debit card number, causing more frustration with Bob.
A day later, Bob notices that now 2 of the transactions (the ones that were pending in wife’s account- were transferred to Bobs account) are now coming out of his account from the initial four (4) transactions. Thus, since Bob had the money taken out of his account for ALL four transactions in the beginning and now being double charged for 2 of the transactions, causing Bob to lose money?
Bob has not been compensated for the loss of the double charging.
Days go by and NO manager or bank employee contacts Bob about the situation. Bob is upset even more.
Possible relevant information: Bob has a personal checking account, a business checking account and a car loan with the bank.
What is the “Duty” the bank has with Bob?
What is the damages Bob has suffered?
What citations of law will support Bob on a Negligence case?