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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I asked the RBC to lower my debit card daily withdrawal limit

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I asked the RBC to lower my debit card daily withdrawal limit to $300 daily (from $1500) so that I would not have such easy access to impulse spending. They said ok, but I found that it was easy to just call online to increase it again. I asked how I can have the limit more permanently reduced & they said this would have to be done by my manager. I made that was request & was told it was done. It wasn't.. I was able to increase easily online again. I complained & told the bank I felt they were responsible for my losses because of my impulse spending since making the request (approx.$10G). Their response was to send me a letter that my credit cards were cancelled, my debit card & online banking was cancelled & I just found out that they cleaned out my bank accounts (personal and business) to pay down my credit lines leaving me in overdraft . Since they closed my online banking, I had no idea they were cleaning out my accounts.. what can I do? They caused me serious damage.
Submitted: 5 years ago.
Category: Canada Law
Expert:  Legal Ease replied 5 years ago.
You cannot blame the bank when you asked them to lower the amount but then turned around and then asked them to raise the amount.

You also cannot blame them for your spending. There is no legal basis for you to do so.

As well, you cannot blame them for doing what they did. You told them yourself they were responsible for your spending so what else could they do at this point as they needed to protect themselves.

I would suggest that you open a bank account in another bank and that you refrain from using credit cards for now.

If you feel that you are unable to control your spending you should know that you are not alone and that there are professionals in the health care industry who are experienced in dealing with this issue.

I am sorry this has happened to you and I hope you can turn things around soon.
Customer: replied 5 years ago.
Thank you Debra, Please understand that I did get help and was told to reduce my access to immediate cash. I was told by online banking that the only way to reduce my debit card limits more permanently was to request it from my bank manager so that I couldn't just call online banking to ask over the phone. I followed instructions from the RBC in order to be responsible. I simply wanted my debit card access reduced to$300. I had no problems with anything else. I don't think there was justification for them to close my online banking, cancel my credit cards and clean out all my accounts.
Expert:  Legal Ease replied 5 years ago.
But, you told them you were going to hold them responsible for your spending so what else could they do?

And, you made it clear that you didn't think you owed them the money so they must have figured you weren't going to pay them.

I understand how hard you were trying but a Court will tell you to get some help but not hold the bank liable I don't think.

The best way to reduce your access to cash is not to have any credit cards at all I would think.
Customer: replied 5 years ago.
sorry, Debra.. I won't bother you after this, but let me clarify... I am not having a problem with spending on my credit cards. I simply asked to have my debit card access reduced. And yes, I made a complaint to the manager who did not fulfill the request after saying she did. And yes, I did say that I believed that the bank was responsible for approx. $10G that was a result of this. But no one made any attempt to even apologize or say that there may have been a mis-communication about what they could or couldn't do. It was handled very badly. If I was told that I could ask for this - shouldn't I be able to rely on the bank to follow through? Aren't I paying for 'services' which include any number of things including something like this that I was absolutely told I could do.

If I had been told that they couldn't do this, I would have made other arrangements. I did get help and did exactly what I was advised. BotXXXXX XXXXXne is that they are causing me unbelievable damage. I'm not sure if they have the right to simply pull all cash out of my accounts, but they are causing my personal and business accounts to be overdrawn and I have no way of knowing what they are doing because I shut down my access to my online accounts. As a result I can't pay my bills and will end up with bounced cheques and issues with credit. Is this not excessive what they are doing? I have money coming in, but I need it to pay my bills as well. Do they have this kind of autonomy?   I would like very much to change banks, and will when I can come up for air, but in the meantime, my accounts are completely messed up and I don't know what's coming in or going out by them.    

Might you have any advise that might help resolve the situation with them?
Expert:  Legal Ease replied 5 years ago.
OK

They aren't going to listen to you because you threatened them.

You have a couple of options.

One is that you can file a complaint with the bank's ombudsman. The ombudsman will conduct and thorough investigation and let you know what has been concluded.

Or, you can retain a lawyer.

What you can do to find a lawyer is one of the following things.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

Or you can check on a site called lexpert. This is a legal directory of leading lawyers and law firms throughout Canada and is well-respected by the legal community.

Here's the link to their website:

http://www.lexpert.ca/Directory/DirectoryContent/FindLawyersOrFirm.aspx

I hope that helps as a starting point.

Please click accept so that I can receive credit for providing you with this information.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 86414
Experience: Lawyer
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