[uche]

First, You were right to have written to the Bank. Now in terms of the next step, I would advice that you write another letter to the bank, notifying them of when and where the incident happened, the letters you have written to them so far, and telling them that you’ll take them to court and ask for a refund and damages should they fail to refund you. The letter may look like this:

(Date)

(Your name)

(Address)

(Email/phone number)

The Branch Manager

(Name of Bank)

(Address)

Dear Sir/Ma

REQUEST FOR REFUND OF DEBIT MADE TO MY ACCOUNT NUMBER ……. ON…….. AT…….

With reference to my letters dated …… and ….. which states that I was debited the sum of …… in your ATM located on…… at……. I write to notify you that it is over (number of weeks/months) now I’m still yet to be refunded.

This is a breach of the duty of care you owe to me as your customer. Kindly note that that should your bank fail to make the said refund within 7 days I will be taking the matter to court and asking for the following:

a. The (sum debited) debited.

b. The sum of N5,000,000.00 as specific damages for …..

c. The sum of N10,000,000.00 as general damages and

d. The sum of N3,500,000.00 as my attorney fees.

I look forward to receiving the said refund within 7 days of your receipt of this letter.

Yours Sincerely,

(Name)

(The above letter may be adopted as a template with the specific details of your case). The amount you seek for damages should also be reasonable.

In conclusion, the failure of your bank to honor your refund request for the unauthorized debit from the failed ATM transaction is a breach of the duty of care your bank owes to you as a customer. Your bank owes you the duty to ensure that both your card and the ATM work as they are supposed to, which is to give you money when you want. Therefore, whenever there is a failure of these services to you then your Bank has the duty to explain to you what happened and make appropriate refunds (where applicable).

Also, some banks have Internal policies within which such refunds are to be made. You may request the customer care of your bank for the timeline to confirm whether or not they have passed the timeline their policy provided for such issues. If they have then it’ll be an added point for you in court. I hope you find this helpful.

[uche]

An oral contract is valid and legally binding in Nigeria. Although it is difficult to prove. I will advice that henceforth you have all your contracts in writing. An oral contract is valid and legally binding in Nigeria. Although it is difficult to prove.
I will advice that henceforth you have all your contracts in writing.

[uche]

Generally, for a contract to be valid all parties must have the capacity among other factors. Generally, in Nigeria person under 18 (eighteen) years of age cannot enter into a valid contract under Nigerian law. Section 18 of the child rights act provides that No child shall enter into a contract, except a contract for necessaries, or a contract entered into by a child for repayment of money lent or for payment of goods supplied to the child Anything other than these 3 exceptions, any contract entered into with a child is deemed void.

Also, section 18 of the child’s right act further provides that, no action can be brought against the child after the child has attained the age of majority, to pay a debt contracted before majority or ratified on majority or any promise of the contract made by the child before majority, whether or not there was new consideration for the promises or ratification after the child attained majority; and if a child who has entered into a contract for a loan which is void agrees after majority to pay the loan, the agreement in whatever form it may be, shall be void so far as it relates to money which is payable in respect of the loan.

In summary, the only binding contract a minor can enter into is a contract for necessaries (basic things the child needs in life for health and safety, such as food, shelter clothing, etc.), contract for the repayment of the money the child lent, and contract for the payment of goods supplied to the child.

[uche]

If there is an existing written agreement for the loan between you and the person, then follow the procedure provided in the agreement before going to court.

If there’s no agreement then write a demand letter to the person clearly stating the loaned sum and date within which you want the loaned sum to be paid. In summary take the following steps:

1. Send a reminder to the person

2. Request for a meeting and discuss new terms of payment with the person.

3. If there is an existing written agreement for the loan, then follow the procedure provided in the agreement before you go to court.

4. If all the above fail, then you can proceed to institute an action in court for the debt recovery.

5. Depending on the amount on the amount you borrowed to the person, you can either go to the magistrate court or high court. If it the action is instituted in the high court and you have a document to prove that you borrowed the person money then the process could be commenced via the undefended list. The undefended list is designed to permit fast dispensation of justice. However, If you don’t have any document to show that you borrowed the person money then the court case will be instituted via a writ of summons because the matter contentious and both parties need to argue and plead. If successful the court may grant an order for the recovery of the loaned sum and award you damages and cost for the court case.

[uche]

There are two types of bail in Nigeria. Police bail and court bail.

Police is given to a person who is suspected to have committed a crime. IT IS ABSOLUTELY FREE.

Court bails are also free however certain conditions are prescribed by the court as a condition for the bail such as reporting to police station, getting surety giving ID card to law enforcement agency etc.