Bank Broke ALL The Laws-Complaint to Financial Regulator.

hattoncracker

Not asking for any legal advice here, just wondering if anyone has complained to the financial Regulator and has it gone anywhere?

Just before Christmas my mum went in to withdraw money from her account, she put her name and address on the form but accidentally put my account number. The branch handed her money out of my account without checking the name, or address, or DOB. I found out the next day when I checked my bank balance.

I have tried lodging complaints with the bank themselves three times and I've received nothing back from them, just that she was a regular so they didn't ask her for ID, or check the name on the account, or ask for a bank card and a pin number which is standard practice in the branches that I visit. I get the feeling they're just ignoring me and hoping I'll go away. I am FUMING over it as I work in customer care and I would be sacked, sued, the whole shebang if I did something like that.

Now I've gotten to the stage that I want to complain to the financial regulator-I have the forms, and I'm going to do it, but am I just wasting my time here? Has anyone had any dealings with the Financial Regulator? How long does a complain usually take? Can the banks drag their feet in giving a response like they have been doing for the past two months?

I've never complained about anything before, working in retail gives you a lot of empathy for people who deal with the public, but this is just totally insane and out of even my ability to comprehend!

I read the charter, and I think I've adhered to it, Moderators!

Finnbar01

I don't want to come across as rude but what seems to be your problem here?

The bank seem to have made a genuine mistake. Can you not just get the money off your mum and lodge it back into your account?

hattoncracker

Finnbar01 wrote: »

I don't want to come across as rude but what seems to be your problem here?

The bank seem to have made a genuine mistake. Can you not just get the money off your mum and just lodge it back into your account?

The money issue is resolved, I got the money back, but that's not why I'm complaining.
They let someone who wasn't me walk into a branch, give my account number and withdraw from my account without me being present because they recognised her face. By that standard, any regular could've done it who wrote down a wrong digit on their account number. I have never been able to withdraw money from my bank account without either my bank card, passport or licence when in the branch. I don't use this branch, I haven't been in it in a couple of years, they would never have even seen us in there together, so it's not the case that they even knew she was related to me.
The name and address on the withdrawal slip did not match the name and address on the account. That is a massive massive mistake, and as someone who works with personal information everyday in my job, it hits home with me probably a little more than it would with most other people.

What I want to know is if anyone has had any experience with the financial regulator in making complaints? Is it generally a speedy process?

Finnbar01

hattoncracker wrote: »

By that standard, any regular could've done it

I doubt that very much. In your first post you stated that:

just that she was a regular so they didn't ask her for ID, or check the name on the account, or ask for a bank card

They obviously knew your mother very well and therefore didn't assume she was up to no good. I don't think the banks acted immorally, quite the contrary in fact.

What I want to know is if anyone has had any experience with the financial regulator in making complaints? Is it generally a speedy process?

I don't know.

Tom Young

What is it that you seek? Damages?

hattoncracker

Tom Young wrote: »

What is it that you seek? Damages?

An apology, an admission of the fact that they were in the wrong. I would've been willing to let it all go if they'd given me that, but because I've spent the last two months trying to get any sort of response to acknowledge the fact that I've complained, I would sue for lack of duty of care which they have to me as a customer.

I know that probably sounds really bitchy and horrible but I feel I am entitled to it. They broke their own policies. I have worked with customer details for the past six years, I can't give them out to anyone accept the account holder, I would be sacked if I did. I don't work with their money, but I would imagine that the rules would be even more strict if I did than in my current profession.

I know it was not maliciously done, but it still should not have happened.

hattoncracker

Finnbar01 wrote: »

They obviously knew your mother very well and therefore didn't assume she was up to no good. I don't think the banks acted immorally, quite the contrary in fact.



.

The girl didn't, actually. Afterwards I found out that the girl had only served my mother twice. The law of Data Protection applies to everyone, including someone you see everyday.

Tom Young

I think you'll have problems showing loss.

hattoncracker

Tom Young wrote: »

I think you'll have problems showing loss.

Cool.. That's fine, if im not entitled to money I'm not entitled, thats not the main reason I'm complaining but I will complain on principal. Tbh, I would really just be happy with an apology.

Cedrus

Close your account, tell them in writing why you cannot trust them and write a strictly factual letter to all of the national newspapers.
There is absolutely NO way that any bank in this country is entitled to treat their customers in a cavalier manner, they should all be shipped of to Japan to learn how to apologise properly.

Be||e

I used to work in a bank and regular customers (especially older ones) were inclined to get very offended if they were asked for proof of identity - "I've been a customer here for forty years etc..."

When I was new, as I knew nobody, every second customer would be giving out to me for asking them for ID so I would often discreetly ask my colleagues if they could vouch for a customer, to avoid the hassle. I wouldn't read too much into the girl who served your mother not knowing her - somebody else probably gave her the go ahead.

If you want to pursue this, ring the head office and ask to speak to somebody in the customer relations/complaints department. They have formal procedures for dealing with complaints and strict time lines to resolve them. Maybe you've already done this or did you just complain in the branch?

Mistakes do happen (and I've been guilty myself) but I've never seen somebody sacked for human error. I agree that they should have apologised to you but it sounds like you want that girl to be punished - I suppose you've never made a mistake?

MagicSean

Interesting story. Let's put aside the fact that your mother has committed a criminal offence and look at you complaint. I presume you have the same surname as your mother. So when the account came up on screen the teller would have seen the same name as on the withdrawal slip. Most banks offer the use of card and pin but I am not aware of any that insist on it. I also find it odd that your mother knows your account number. Are you even over 18? Do you live at the same address as she does?

The bank clerk made a mistake by not confirming the first name on the account and the resulting mistake has been rectified. This is the totality of your complaint. I fail to see what you hope to gain from a complaint in this instance. I definitely don't see any link between your thread title and your story. I can't see how the bank broke any law.

Marcusm

MagicSean wrote: »

Interesting story. Let's put aside the fact that your mother has committed a criminal offence and look at you complaint.

That's a bit harsh, would you not take the OP's word that she did it accidentally?

OP: THe bank made an error, they did not give out your details and you did not suffer financial loss. Had your mother used the details of a third party, the same would apply, i.e. the bank would have to rectify its error and you would have no financial loss.

If, however, the bank assistant disclosed your financial details your mother (or indeed any other unauthorised person) then I think you would be perfectly right to be perturbed.

BornToKill

hattoncracker wrote: »

Just before Christmas my mum went in to withdraw money from her account, she put her name and address on the form but accidentally put my account number.

How did your mother have your bank account details? If you gave them to her then how can a data protection issue even arise?

hattoncracker

Be||e wrote: »

I used to work in a bank and regular customers (especially older ones) were inclined to get very offended if they were asked for proof of identity - "I've been a customer here for forty years etc..."

When I was new, as I knew nobody, every second customer would be giving out to me for asking them for ID so I would often discreetly ask my colleagues if they could vouch for a customer, to avoid the hassle. I wouldn't read too much into the girl who served your mother not knowing her - somebody else probably gave her the go ahead.

If you want to pursue this, ring the head office and ask to speak to somebody in the customer relations/complaints department. They have formal procedures for dealing with complaints and strict time lines to resolve them. Maybe you've already done this or did you just complain in the branch?

Mistakes do happen (and I've been guilty myself) but I've never seen somebody sacked for human error. I agree that they should have apologised to you but it sounds like you want that girl to be punished - I suppose you've never made a mistake?

I have made mistakes in the past, thats fine, but ive apologised for them. I understand that. But they're refusing to acknowledge me. And that's getting my back up.

odds_on

The same type of thing happened a few times with me and my father, when I make lodgements to my account - my money would go into his account. However, I never knew his account number so they must have just gone by the name - same first and last names. And he was a director of the bank! - It soon stopped!
Banks make mistakes but they also rectify them. If it had been a stranger who misquoted his account number, you would still have got your money back once the error had been established.

Personally, I'd let it go, after all, I've made many mistakes in my lifetime.

hattoncracker

MagicSean wrote: »

Interesting story. Let's put aside the fact that your mother has committed a criminal offence and look at you complaint. I presume you have the same surname as your mother. So when the account came up on screen the teller would have seen the same name as on the withdrawal slip. Most banks offer the use of card and pin but I am not aware of any that insist on it. I also find it odd that your mother knows your account number. Are you even over 18? Do you live at the same address as she does?

The bank clerk made a mistake by not confirming the first name on the account and the resulting mistake has been rectified. This is the totality of your complaint. I fail to see what you hope to gain from a complaint in this instance. I definitely don't see any link between your thread title and your story. I can't see how the bank broke any law.

Im 25, I live in a different county on the other side of the country.. I have a regular branch of the same bank and I am always asked for ID when I walk in to withdraw, or my bank card. If it's the case that I've forgotten my wallet and they refuse me because I cannot prove my identity, frustrating as it is I will not complain because it's policy and it's designed for my protection.

The girl also gave her a mini statement. She had no glasses on and only saw it when she went home, and was too afraid to tell me in case I thought she was robbing me and was going to return the money the next day without Saying anything. I found out before she could do so. This caused a lot of anguish all over Christmas in our house with me trying to explain to my mother that it wasn't her fault, that the bank should have verified that the name and address on the withdrawal slip matched the name and address on the account.

hattoncracker

MagicSean wrote: »

Interesting story. Let's put aside the fact that your mother has committed a criminal offence and look at you complaint..

There was no intent on her behalf. It had her name and her address on it and her signature, but the wrong account number. Intent to defraud the bank is not proven in this case as she didn't fraudulently sign my name in order to withdraw.

Solair

That is extremely sloppy practice by the bank. Just because the incident was accidental and non malicious doesn't excuse their insecure system.

There should be no question of withdrawing money without ID or a bank card and pin entered on the pin pad.

hattoncracker

odds_on wrote: »

The same type of thing happened a few times with me and my father, when I make lodgements to my account - my money would go into his account. However, I never knew his account number so they must have just gone by the name - same first and last names. And he was a director of the bank! - It soon stopped!
Banks make mistakes but they also rectify them. If it had been a stranger who misquoted his account number, you would still have got your money back once the error had been established.

Personally, I'd let it go, after all, I've made many mistakes in my lifetime.

I would, I understand these things happen but I have had no apology, no acknowledgment, and no response to three complaints, and I've Been lied to.

I was told that the complaint would be lodged with the complaints dept after the Christmas break by the assistant manager and I would hear back in two weeks.

When I rang I found out no complaint was ever escalated.

kirving

hattoncracker wrote: »

This caused a lot of anguish all over Christmas in our house with me trying to explain to my mother that it wasn't her fault

So are you implying that you feel entitled to compensation? Maybe if a stranger was given your money, and you didn't get back for a few days or weeks when you needed it. What happenned was that a well known and trusted customer gave an account number of someone of the same surname. The money was repaid the next day.

Did you ever give the bank your home(mothers) address?

Do you have a similar name to your mother such as Francis .vs. Frances, or Michael .vs Michelle?

If they rigerously checked all her details every single time, I suspect that there would be complaints of how banks are becoming more impersonal and wasting time.

It shouldn't have happenned, but I can see many reasons why it could have.

hattoncracker

Kevin Irving wrote: »

hattoncracker wrote: »

This caused a lot of anguish all over Christmas in our house with me trying to explain to my mother that it wasn't her fault

So are you implying that you feel entitled to compensation? Maybe if a stranger was given your money, and you didn't get back for a few days or weeks when you needed it. What happenned was that a well known and trusted customer gave an account number of someone of the same surname. The money was repaid the next day.

Did you ever give the bank your home(mothers) address?

Do you have a similar name to your mother such as Francis .vs. Frances, or Michael .vs Michelle?

If they rigerously checked all her details every single time, I suspect that there would be complaints of how banks are becoming more impersonal and wasting time.

It shouldn't have happenned, but I can see many reasons why it could have.

No, I do not. My bank statements all come to my address in Munster, before that in Leinster for six years and she lives in Ulster.

I am not implying I'm entitled to compensation but this should not have happened. My name begins with D, my mother, J. They admitted they checked the surname and nothing else. That would be practical if my mum had my card and my pin, but she didn't, so a photo id is required, as is policy in every other branch I've banked with. In the case where you don't have the ATM card with you, then ID should be checked.

Solair

Contact the Data Protecion Commission rather than the financial regulator

looksee

hattoncracker wrote: »

Im 25, I live in a different county on the other side of the country.. I have a regular branch of the same bank and I am always asked for ID when I walk in to withdraw, or my bank card. If it's the case that I've forgotten my wallet and they refuse me because I cannot prove my identity, frustrating as it is I will not complain because it's policy and it's designed for my protection.

The girl also gave her a mini statement. She had no glasses on and only saw it when she went home, and was too afraid to tell me in case I thought she was robbing me and was going to return the money the next day without Saying anything. I found out before she could do so. This caused a lot of anguish all over Christmas in our house with me trying to explain to my mother that it wasn't her fault, that the bank should have verified that the name and address on the withdrawal slip matched the name and address on the account.

It was her fault, to the extent that she made a mistake. 'The Bank' didn't do anything, one individual in the bank made a mistake in responding to your mother's mistake. Annoying, yes, incorrect procedure, yes, worthy of acknowledgement - yes, but you are not going to get them to admit liability for something like that, and the employee might well have been disciplined. I think if a complete stranger had gone in and tried to take money from your account they would not have succeeded, the fact of your mother being familiar compounded the problem.

All you can really do is vote with your feet, take your account elsewhere and then there will be no danger of mix up.

BrianD

hattoncracker wrote: »

Just before Christmas my mum went in to withdraw money from her account, she put her name and address on the form but accidentally put my account number. The branch handed her money out of my account without checking the name, or address, or DOB. I found out the next day when I checked my bank balance.

I'm curious. Most people have difficulty remembering their own account number never mind other peoples. How would she know yours and have it memorised?

Is their a history of your mother carrying out banking on your behalf?

hattoncracker

BrianD wrote: »

hattoncracker wrote: »

Just before Christmas my mum went in to withdraw money from her account, she put her name and address on the form but accidentally put my account number. The branch handed her money out of my account without checking the name, or address, or DOB. I found out the next day when I checked my bank balance.

I'm curious. Most people have difficulty remembering their own account number never mind other peoples. How would she know yours and have it memorised?

Is their a history of your mother carrying out banking on your behalf?

I buy stuff for her online and she transfers the money into my account, that's why she has it. She always fills her slip in at home with her glasses so she just wrote it down and made a mistake. The banks are there to catch these mistakes.

hattoncracker

looksee wrote: »

hattoncracker wrote: »

Im 25, I live in a different county on the other side of the country.. I have a regular branch of the same bank and I am always asked for ID when I walk in to withdraw, or my bank card. If it's the case that I've forgotten my wallet and they refuse me because I cannot prove my identity, frustrating as it is I will not complain because it's policy and it's designed for my protection.

The girl also gave her a mini statement. She had no glasses on and only saw it when she went home, and was too afraid to tell me in case I thought she was robbing me and was going to return the money the next day without Saying anything. I found out before she could do so. This caused a lot of anguish all over Christmas in our house with me trying to explain to my mother that it wasn't her fault, that the bank should have verified that the name and address on the withdrawal slip matched the name and address on the account.

It was her fault, to the extent that she made a mistake. 'The Bank' didn't do anything, one individual in the bank made a mistake in responding to your mother's mistake. Annoying, yes, incorrect procedure, yes, worthy of acknowledgement - yes, but you are not going to get them to admit liability for something like that, and the employee might well have been disciplined. I think if a complete stranger had gone in and tried to take money from your account they would not have succeeded, the fact of your mother being familiar compounded the problem.

All you can really do is vote with your feet, take your account elsewhere and then there will be no danger of mix up.

In the context of complete stranger, I meant a complete stranger to me, but a regular customer of the bank.

Finnbar01

hattoncracker wrote: »

I buy stuff for her online and she transfers the money into my account, that's why she has it. She always fills her slip in at home with her glasses so she just wrote it down and made a mistake. The banks are there to catch these mistakes.

I never had to give my bank account details when purchasing stuff online. Credit card, yes but bank account details, no.

hattoncracker

Finnbar01 wrote: »

hattoncracker wrote: »

I buy stuff for her online and she transfers the money into my account, that's why she has it. She always fills her slip in at home with her glasses so she just wrote it down and made a mistake. The banks are there to catch these mistakes.

I never had to give my bank account details when purchasing stuff online. Credit card, yes but bank account details, no.

Neither do I, I use my debit card. She lodges the money into my bank account to pay me back.

Finnbar01

hattoncracker wrote: »

Neither do I, I use my debit card. She lodges the money into my bank account to pay me back.

So she has done your banking for you before.

hattoncracker

Finnbar01 wrote: »

hattoncracker wrote: »

Neither do I, I use my debit card. She lodges the money into my bank account to pay me back.

So she has done your banking for you before.

She lodges money, she can legally do that. She cant withdraw.

This is not my fault, I will not accept blame for a bank employees's disregard for procedures and policies that are in place to protect me, just because I buy stuff for my mother over the internet.

I am studying data security in college. The amount of ways people can access your money is scary. Walking into a branch and writing down the wrong account number should not be one of them.

Tom Young

Where's this thread going? -

Ayla

As for the OP -

If you really want to go to the Financial Ombudsman you have to:

1) Go through the entire Complaints procedure of the bank in question. They are legally obligated to have a written procedure and it should be detailed in full in any branch. You will find that the procedure only is completed when the bank has issued their Final Response.

2) Then - and only then - do you lodge a complaint with the Regulator. If you have not gotten a Final Response they will only refer you back to your bank to try to resolve the problem there.

If you are royally peeved, hound the bank until you get a response. Whatever about whoever's fault/liability/whatever, they at least should respect you enough to respond. Threaten the Financial Regulator if you must, but the threat will be a thin one b/c the Regulator only really deals with cases that involve financial loss or misselling. The Data Protection Agency would be a better threat.

hattoncracker

Tom Young wrote: »

Where's this thread going? -

Thank you Ayla.

Mod could you please close this thread? Ive gotten all the advice I can.

Thanks to everyone for their responses.