National Bank of Canada — Refusal to Investigate Complaints involving internal Fraud and Breach of Security
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 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.
I have no trust or confidence in the Danforth branch. They defrauded me out of my money and misrepresented my account
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.
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.
I request to meet with someone competent from another bank and resolve my matter, without prejudice or bias.
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
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.
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