On Wednesday, Joanne received an email from law firm Simpson Grierson, which said it was acting for Westpac New Zealand Limited, about a claim she had made to funds held in the account of a Westpac customer.
“We understand that your position is that you were induced to make the payments to this Westpac account as part of a scam (or that you made payments to another account and those funds were then transferred on to this account) and that the payments should be refunded to you.”
Westpac had received complaints and claims from “a number of other parties” about payments made to the same account.
The letter said the account owner maintained he had “no involvement in any scam”, and took all necessary steps to ensure the transactions were legitimate.
“He, therefore, claims ownership of the funds. Westpac has investigated these claims, but is unable to determine the validity of the competing claims without significant further evidence.
“Accordingly, Westpac considers that it is on notice that there is a dispute as to the ownership of these funds, and it therefore cannot pay these funds out to you (or any other person, including the account owner) until this dispute is resolved.”
The account owner had also referred the matter to the Banking Ombudsman, but the office said it did not have jurisdiction.
However, based on the recommendation of the Ombudsman, Westpac had filed an “interpleader” application with the High Court, which allows the court to determine all competing claims to the funds.
“Westpac will comply with any directions made by the Court as to the ownership or payment of the funds,” the letter continued.
Joanne, and the other claimants, needed to confirm within 15 days of receiving the letter if they wished to maintain their claim to the funds.
“As part of this process, Westpac will be seeking a court order permitting payment of its reasonably incurred legal fees from the frozen funds. This amount will be prioritised over any payouts to any claimants, if successful.”
Joanne told the Herald on Sunday she was “very excited” when she received the letter and was hopeful she may receive some of her money back.
A Westpac spokeswoman said she was unable to comment on the letter.
Joanne earlier told the Herald on Sunday she was adamant she was going to find the man who had her money.
“I’m going to track down this guy come hell or high water and sue him to get my money back even if it kills me.
“I don’t know how I’m going to do it, but somehow I’m going to get this a******e’s name and I’m going to track him down if it’s the last thing I do.”
Sam Sherwood is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the Herald in 2022, and has worked as a journalist for 10 years.
