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I am having issues with my bank. I had two plus months of…

Customer Question
I am having issues...

I am having issues with my bank. I had two plus months of mortgage payments ahead and they took it out of our joint account and applied it to my wife’s credit card. Can they do this.

Lawyer's Assistant: What province are you in? It matters because laws vary by location.

B.C.

Lawyer's Assistant: What steps have you taken so far?

We talked to them and they say they can because it’s in the fine print on card. Which I don’t have issue with. My issue is it wasn’t her money.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I would like to know if they can do this. I tryed to get a lawyer here but apparently the bank owns them all because they say it a conflict.

Submitted: 2 months ago.Category: Canada Law
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Answered in 9 hours by:
5/29/2018
Lawyer: Debra, Lawyer replied 2 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,060
Experience: Lawyer
Verified

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 2 months ago

I am sorry to hear this.

Did they take more than half of the money that was in the account?

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Customer reply replied 2 months ago
they took it all.
My wife has no income so it was all my money
Lawyer: Debra, Lawyer replied 2 months ago

I know you put the money into the account but legally because her name was on title with you it is her money as well.

They had the right to take her half of the money. They did not have the right to take more than half if this was her primary credit card and not supplemental to yours. If you are the primary cardholder then you actually owe the money but then her half would be safe in fact.

So you should speak to them and demand that your 1/2 of the money be reimbursed to you.

If the branch manager won't help your best next step is to go to head office.

If they won't help you then go to the bank's own ombudsman.

If they won't help you go to the governmental banking ombudsman. They are not biased.

You must take the route I set out and not skip steps though.

If you go into any branch of the bank you will find a brochure on how to complain. That brochure will have all the contact information you will need.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 2 months ago
We had already spoke to the bank about this and was only talked over while we were speaking
Lawyer: Debra, Lawyer replied 2 months ago

So then you follow the steps I outlined. Is the best way to deal with a bank. You will get to the unbiased ombudsman and don't have to pay legal fees.

To sue a bank can take years.

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Customer reply replied 2 months ago
Would it do any good to sue
Lawyer: Debra, Lawyer replied 2 months ago

You would likely get back 1/2 of the money in that account. It would go back onto your wife's credit card debt.

It can take a long time.

I would say to try my suggestions first at least.

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Lawyer: Debra, Lawyer replied 2 months ago

Is there anything more I can help you with at this point in time?

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Customer reply replied 2 months ago
No thank you
Lawyer: Debra, Lawyer replied 2 months ago

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

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