FNB defiant on adjudicator`s dispute ruling

Published May 6, 2000

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First National Bank has refused to fall in with a recommendation by the

Banking Adjudicator following a dispute between the bank and a construction

company.

David John, the Acting Banking Adjudicator, said he received a complaint

about FNB last year from a building construction company, Engel and Ruyter.

The company had arranged to cash cheques or wages at an FNB branch closer

to its premises than its usual branch, for security reasons. The company`s

usual branch sent a letter to the other branch authorising the cashing of

cheques to a limit of R10 000 and later R20 000 a month.

But for years

cheques in excess of the limit were paid out, drawn fraudulently by the

company`s bookkeeper.

John found that the documents sent out by FNB were proof of an agreement to

draw only up to the maximum and recommended that the bank recompense the

company to some degree.

But FNB ``declined to fulfil the recommendation``, arguing, among other

things, that the bank should not be held liable and that the disregard for

sound business practices which allowed the fraud to take place should be

taken into account.

The adjudicator`s recommendations are not binding on the banks. All he can

do if the banks do not comply with one of his recommendations, is to

publish the name of the bank.

This is the first time that a bank has been identified as refusing to fall

in line.

In a report released last week, the adjudicator was scathing about banks

which ignored calls from his office to get their houses in order.

John said few of his comments on the shortcomings of the banks with respect

to service to customers had been taken to heart by the banks.

John has just handed over his office to Neville Melville, previously head

of the Independent Complaints Directorate.

Anyone with a complaint about a bank can contact the adjudicator, but you

should first try to solve the problem by approaching your bank directly.

All the banks have set up complaints procedures.

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