National Bank of Canada — Refusal to investigate and address Internal Fraudulent Transfers
To: NATIONAL BANK OF CANADA
Branch [protected] DANFORTH AVE TORONTO,
Ontario M4K 1R2 via fax at [protected] and [protected] and [protected]
ATTENTION MS. Marinis Marina Branch Manager
c.c COLLECTIONS DEPARTMENT MS. ZINEB
c.c. National Bank Ombudsman ombudsman.[protected]@nbc.ca
March 16, 2016
Subject: FORMAL COMPLAINT- REFUSAL TO INVESTIGATE THEFT AND FRAUD
This is a formal complaint against you, your deliberate misrepresentations made about my account, your negligence as a Branch Manager in failing/refusing to investigate my complaints of fraud/theft from my account, and the violations you committed against me and my rights under the Cost of borrowing Act, Consumer Protection Act, Code of Conduct, and Bank Act.
1. On January 19, 2016 I had $842 in available credit from which my monthly interest was being paid, as per the line of credit agreement. The average interest rate is $350/month. On February 19, 2016 the available credit would have been $495 ($842- $347)
2. Between January 19 and February 3 2016, someone from your branch committed the act of theft and fraud in the amount of $495 between January 19, 2016 and February 1, 2016. Without any prior notice or forewarning you or your employee withdrew without trace $495 from my available credit, created a ZERO available credit, charged the stolen $495 to my total balance and bogus overdraft fees and then sent my account to collections, without any notice or warning, all contrary to your own Banks code of conduct.,
3. You falsely misrepresented to the collections department in Montreal that you followed the banks rules and sent me notifications in writing and attempted to contact me, and find a resolution. All of which are blatant lies.
4. The undisputed truth is you failed/refused to send me any disclosure statements of account, notices of insufficient funds, default, nor have you ever attempted to contact me in 7 years, since 2009, which is all contrary to section 439 Bank Act and 80 of the Consumer Protection Act.
5. On March 3, 2016 I received a letter dated February 26, 2016 demanding letter from collections department. This was the first time in 7 years someone contacted me from the bank. I immediately contacted the Collection department spoke to Ms. Zineb and made a proposal for payment.
6. On March 8, 2016 your employee Pat Boudouris contacted me and intentionally misled me to come to your branch today March 16, 2016 to refinance, and make arrangements for payment.
7. On March 14, 2016 you sent me a letter advising me that I am over the limit and requesting that I remedy and make payment.
8. On March 15, 2016 in response to your letter I advised you of that I had available credit and was not over the limit until February 2016 advised you of the fraud and theft issues and requested you to investigate and return back the $495 that was taken from my account and put my account into the way it was on January 2016 before the fraud and theft. and remove the false overdraft charges,
9. Today on March 16, 2016 I attended the branch in good faith with money, financial documents, statements of account, receipts, thinking that you the bank had investigated my complaints and was going to help me resolve my matter. You Misled Me.
10. Instead of investigating my complaint, and helping me resolve the my matter, I was ambushed into a closed room without any forewarning and continuously intimidated, insulted, humiliated, and degraded for over 2 hours, all because of asking you to do your job and investigate my complaint of fraud and theft committed against me.
11. You refused to investigate my complaints, and refused to correct the errors you made. When I asked you to explain the missing $495 you threatened me with foreclosure of my home.
12. You refused to help me in any way, refused to accept my payment plan and denied me the fundamental right to make a payment towards my account.
13. When I tried to explain to you about my previous deposits into the bank machine not showing up in my statements you accused me of lying. Then I deposited in front of you and your own customer service manager $800 and provided you with the receipts showing and proving to you that deposited $800 did not show up in the overdue amount. You refused to investigate why the money deposited in the ATM did not appear on my account and refused to apologize for calling me a liar.
14. You refused to become familiar with my account, you have no knowledge about my account, and refused to take any steps to become familiar with my account before making such degrading false accusations.
15. You refused to help me and told me to go call collections because they have my file, despite calling me and misleading me to come to your branch.
16. You refused to follow your own banks code of conduct, act in good faith, provide me with proper notices before sending my account to collections or charging me additional fees. You intentionally misled me and refused to investigate my complaints.
NBC CODE OF CONDUCT
If the credit relationship changes in such a way that additional information is required, the client is contacted and given a reasonable amount of time to provide this information.
Normally, the Bank will notify its clients at least 15 calendar days in advance of any measures it intends to implement following a change in the credit relationship. In addition, National Bank will inform its clients in writing of any modification affecting their credit relationship with the Bank (e.g. change in terms and conditions, fees or financing).
I. Contrary to section 439 of the Bank Act, and section 80 (3), of the Consumer Protection Act, you refused/failed to notify me of Insufficient scheduled payments within 30 days as required under section 80 (4) Consumer Protection Act
II. Contrary to section 71. Consumer Protection Act, you refused to investigate and correct my complaints of theft and fraud.
III. Contrary to the National Banks Code of Conduct you did not advise me 15 days in advance prior to sending my account to collections
IV. Contrary to the National Banks Code of Conduct you failed to act in good faith by intentionally misrepresenting my account to the collections department, failing to take any steps to investigate my complaints of fraud and theft.
DESPITE all the above I made a $820 payment at the branch ATM and the bank accepted my payment. The However the overdue amount did not change. I intend to continue making the payments as per my proposed payment plan.
The line of credit agreement is for 300 months (25) years. The agreement requires interest only payments in the amount of $375 on, When I made payments at the Scarborough branch in person on Kingston road, the payment was reflected.
I have no trust or confidence in the Danforth branch. They defrauded me out of my available credit and misrepresented my account to collections.
1) Therefore I request immediately that my account be transferred to the branch on Victoria Park and Kingston road or any other competent branch which will be able to resolve my matter without prejudice or bias.
2) I request that I be given an opportunity to resolve this matter and not be discriminated against. I am not required to be subjected to humiliation, insults, and intimidation nor should I have to be.
3) I request that you investigate the missing $495 from available credit from my account, remove the illegal overdraft charges and correct my account to the same condition that it was before it was sent to collections.
4) I request to meet with someone competent from another bank and resolve my matter, without prejudice or bias.
5) I request to be notified as per the code of conduct of any changes are made to my account or any additional charges or fees are charged
6) I request to receive statements of my account by paper and request to know the cost of borrowing, interest and how payments are applied.
I am hopeful that the Ombudsman will enforce the Banks Code of Conduct and respond to this complaint.
However if the bank refuses to investigate my complaints and violations committed against me by the Danforth Branch, then I will further elevate this complaint to the Financial Services Commission Ontario and ask them to investigate the matter instead.
Attached is proof of $400 payment from today at the Kingston Rd branch .
Attached is also proof how your branch ATM is manually intercepting my deposits and not processing them automatically like the other branch.
Look at your ATM deposit receipt from March 16 $820 deposited balance did not change. Deposit at a different branch account updated automatically. Why so someone from the branch can count my cash and skim it?
I have confirmed I cannot withdraw any money from my account nor can I make any transfers electronic or via card. Therefore those fraudulent transfers in February 11, 15 were from inside the bank while my account was in dormant status.
Someone inside your branch has manually changed the status of my account from dormant to active fraudulently set up internally-generated debit transfer transactions and brought it to zero without any evidence of fraudulent activity, cleaned out my credit available and sent it to collections.
Your employees knew I was not getting any statements and knew I had no way of knowing what they were doing, cleaned out my account. With no statement and account sent to collections there was no chance of me discovering it. But thanks to collections giving me online access to view my statement and discovered the fraud.
This is why I do not trust your branch and want my file transferred to a different branch
Date: Wed, Apr 6, 2016 at 2:59 PM
Subject: UNADDRESSED COMPLAINTS OF NON-COMPLIANCE AND SECURITY BREACHES
Pursuant to National Bank Canada complaint process, please find attached the unaddressed complaints from the branch level, requested remedy, and supporting documents, letters to the branch.
In total I have sent seven (7) follow up letters since March 16 to the branch asking for a response and proposed resolution. No response nor resolution has been provided. I have documented all my letters and have them available for you.
These documents have been faxed to your office today April 6, 2016 at 2:47PM EST t the Fax: [protected]
Your office states two (2) day response time. I am asking that my consumer rights be respected as per your commitment to other customers and that my complaint be treated with the same priority, without any further reprisal from the branch
Thank you very much
RESPONSE OMBUDSMAN ---JOKE
As per the automated reply you have previously received when you wrote to the Office of the Ombudsman, our Office does communicate with a client within 2 business days of receiving an email. Also, as explained in our March 22nd email, it may take up to 90 days for the analysis of a file to be completed once it has been opened at the Office of the Ombudsman. While we have received your previous correspondence, please note that your file is currently not opened at our Office.
Indeed, following the receipt of your email below, the Office of the Ombudsman was informed that an appointment was set up between your branch and yourself for tomorrow. We therefore refer you to your branch for discussion. Should you remain dissatisfied after you receive a final answer from your branch, we invite you to communicate with our Office to escalate your complaint.
Also, as email is not a secure means of communication, we advise you not to use it to send your personal or banking information. Only general information should be sent by email.
Description : Logo
Bureau de l’ombudsman des clients / Office of the Ombudsman for Clients (Transit : 9152-1)
[protected] / [protected]
[protected] / [protected]
Banque Nationale du Canada | National Bank of Canada
Casier postal 275 / P.O. Box 275, Montréal (Québec), H2Y 3G7
I do not know what chain of emails you are referring to? Since your last response on March 22, 2016 I have not included you in any emails with the branch.
My meeting with the branch is about an is not related to the complaints that your office handles. If I am wrong please correct me but I don't think your office deals with complaints about credit decisions, interest rates, mortgage agreements or line of credit applications?
My complaints will not be addressed in tomorrows meeting. The complaints are directly related to the branch and as long as my file is that branch my complaints will not be resolved.
I requested that my file be transferred to a closer branch on Kingston rd. and Victoria Park Avenue in my March 16 complaint, but it was denied. Why am I forced against my will to travel 1hr in each direction travel across the city to go to the Danforth branch?
Based on your charter commitment , it states that: "If the situation was not resolved to your satisfaction during the first step, you can submit your complaint to the Office of the Ombudsman in writing or by telephone"
My complaint of banks code of conduct violations, privacy breaches, violations under the Bank Act ARE NOT resolved to my satisfaction and I have submitted my complaints to your office, as per your complaint policy.
If your office is not interested in investigating my unresolved complaints then I have exhausted all avenues within the National Bank of Canada (Bank) complaint process and I will take my complaint to the next level.
Your automated replies are a joke, You are joke and this entire complaint process is rubber stamp joke. In case you don't know what rubber stamped is look up Kangaroo Court
The Office of the National Bank Ombudsman for Clients confirms the reception of your email. An advisor will contact you within the next 2 business days to discuss your situation.
Your complaint must first be submitted to the customer service manager of the branch, department or subsidiary with which you do business. In the majority of cases, that person will be able to resolve the situation satisfactorily. If this step has not been taken, the advisor from the Office of the Ombudsman for Clients will refer you to the right person who can handle your complaint.
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