Fraise wrote: [....]someone rang up the bank claiming to be us[...]
Fraise,
What a nightmare for you! This is called Identity Theft, which is a whole different game than a charge back. Be very, very careful. It's the largest growing crime and some staggering statistics floating around - something like 1 in 10 people in the US affected or know someone who has been a victim of identity theft. Count me in.
My friend (a doctor) was a victim a few years ago and it was a nightmare for her. Someone went thru her mailbox and took one of those pre-approved credit card applications. She didn't find out until she made a mortgage application and found her credit ruined by a string of unpaid bills. Luckily, they did catch the guy and he got jail time, but it took years to sort out.
Instead of your bank trying to deny culpability, they ought to be falling over backwards to help you take the necessary steps to limit the potential future damage. Here in the US, you would need to contact the four large credit reporting agencies, Experian etc. and pull your credit report, to check for recent loans, credit card and store card applications made in your name. Then ask them to lock your account, so no future applications can be made, or change of address etc.
Your bank knows all about this. I would be floored if you were the first victim of identity theft they have ever come across. For a start, this bank account should have been closed on the day they found out about it and a new one opened, otherwise the fraudsters can still use the details to obtain credit elsewhere. If it hasn't been done already, I would do it immediately. I would also inform the bank in writing that you are holding them responsible not only for the 10,000, (plus interest), but also for all ramifications resulting from their multiple errors, yes, multiple errors in not dealing with this situation (identity theft) in an appropriate and timely manner.
Whatever their future response, I would definitely consider changing banks. You can only hope the criminals stopped at the 10,000, but it would be a mistake to assume that they did. You really need to pro-actively look at everything else they could get their hands on, and if the bank is sloppy enough to have accepted an unauthorized fax mandate with a fake signature, then who knows what else has also slipped through the net that you do not yet know about.
You haven't explained the court case happening later in the year, but I'm assuming they have not yet caught the perpetrators, so stopping them would be my number one concern. 10,000 is not pocket change, and getting away with it is the best incentive to come back for more. Watch your back.
You have all my sympathy.
My 2 cents.
Regards,
Joanna