Lawyer up – BOJ tells customer to seek resolution in court
Dear Claudienne,
I am writing to you to ask for help regarding money that has been stolen from my account at the Santa Cruz branch, Victoria Mutual Building Society (VMBS) in Jamaica.
I have a joint account with my husband, and we live in the United Kingdom and have been saving with Victoria Mutual since 1994. On the 24th of August 2018 I withdrew £400 pounds from the VMBS Santa Cruz branch, which I requested in Jamaican dollars. In June 2020 both my husband and I wrote to VMBS, Birmingham, UK, and requested to close our account.
In August 2020 I found out that on the 27th of August 2018, three days after I withdrew £400, someone had taken £1,000 from our account. On the withdrawal slip for the £400 I used my niece’s mobile number, as I never use my phone in Jamaica. However on the VM system, they have my mobile number and a copy of my driver’s licence. We have never withdrawn money over the value of £400, so it was a shock, and I was in disbelief when I was told that this amount of money, £1,000, had been taken from our account.
Since August 2020 I have been trying to get our money back and have been going round and round in circles with the UK and Jamaican branches of VMBS. I wrote many e-mails and made many phone calls to the Birmingham branch and to the CEO in Kingston. The CEO said that their investigations show that it is my signature on the withdrawal slips.
When I requested the Santa Cruz VMBS branch check their closed-circuit television (CCTV) cameras for evidence, they said that they only keep archives for six-eight months? Surely the banks keep records/archives for much longer. They said that the computer system showed that the ID used to withdraw the £1,000 pounds was a copy of my driver’s licence. There are discrepancies with the handwriting, the sizing of letterings and numbers on the withdrawal slips. I have contested this matter and was told that it is my handwriting. They said they cannot reimburse me, and that the matter is closed.
When I was in Jamaica in 2021, my sister and brother accompanied me to the Santa Cruz VMBS branch where I spoke to the manager. She was very unhelpful, and said she could not check anything on the system because the case had been closed. She told me to write to the head office and I told her that I had already done that. She insisted that she could not help me, and literally ushered us out of the bank.
It was shameful, everyone was looking at us. What kind of manager is she to treat customers that way? I have no words to describe her other than abrupt and discourteous. Please can you have a look into this matter for us. We are law-abiding people, and we are very disappointed and disgusted with the way we have been treated. We just want our hard-earned money back.
HJ
Dear HJ,
In regard to your concerns, on April 21, 2023 VMBS sent Tell Claudienne an e-mail that stated: “Thank you for sharing this with us. We will reach out to the customer.”
Tell Claudienne also suggested that you seek advice from the Bank of Jamaica (BOJ) on the issue.
On October 5, 2023 you sent the column the following e-mail that the deputy governor, financial institutions supervisory division, BOJ sent to you on October 3, 2023.
“Complaint: Victoria Mutual Building Society re Alleged Unauthorized Withdrawals from Account # xxxx39 “
“Reference is made to your complaint and supporting documents received on 12 July 2023 requesting Bank of Jamaica’s (“the Bank’s”) intervention in relation to the alleged unauthorized withdrawal from your account held with Victoria Mutual Building Society (VMBS), Santa Cruz branch. Our delayed response is regretted.
We note from your correspondence that the matter was previously reported to and investigated by VMBS on more than one occasion and the outcomes communicated to you by letters dated 18 January 2021 and 2 February 2021 advising that based on the findings of the investigation as well as the handwriting analysis report commissioned by VMBS, which was undertaken by the Jamaica Constabulary Force, it was concluded that the transaction was conducted by the account holder. Consequently, the Society was unable to refund the disputed amount of One Thousand Pounds Sterling (£1,000.00) to your account.
In this regard, we wish to clarify both the role and scope of The Banking Services (Deposit Taking Institutions) (Customer Related Matters) Code of Conduct, 2016 (“the Code”) to provide some context for our response. The Code, was issued on 29 August 2016 pursuant to Section 132(4) (b) of the Banking Services Act (BSA) and outlines the responsibilities of banks to their customers by establishing minimum standards of good banking practice for deposit-taking institutions (DTIs) in engaging in financial relationships and activities with their customers. To this end, the Code does require DTIs to have effective mechanisms and processes for handling and responding to customer complaints.
We must advise that at this point we are constrained by the limitations of the Code and what we are empowered to do in matters of this nature. While the Code requires all DTIs to investigate complaints submitted to its offices and communicate the outcome of same within a prescribed time frame, the final determination on each complaint is made solely by the DTI based on the outcome of its own internal investigative review process. We must also advise that it has no dispute resolution provisions and is therefore not an appropriate mechanism for resolving the impasse that appears to have been reached between yourself and VMBS.
We, therefore, recommend that, if you wish to pursue the matter further, you seek and engage the services of an attorney-at-law, who may be able to advise on the options available to you based on the specific circumstances you have outlined. We thank you for bringing your concerns to the attention of the Central Bank.”
We wish you all the best.
Have a problem with a store, utility company? Telephone 876-936-9346 or Cell # 876-484-1349 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail:edwardsc@jamaicaobserver.com. Please include a contact phone number.