Use any bank, other than FNB

Please read the below correspondence and address my issue urgently.

Desigan Kannusamy ********** 1:50 PM (2 hours ago) to Irving, FNB, jacques

Hi Irving

Firstly I would like to inform you that whilst I did make contact with FNB via telephone in 2012 regarding the personal loan I was asked to take my ID, proof of address, bank statement and payslips to FNB Durban. After handing my documents to the consultant, the loan contract was printed and I had signed it including the terms and conditions. I am unsure how you got that the loan was taken telephonically and therefore I would require a telephone recording. I take it that it is your admission that FNB does not even have the copy of the contract for the original loan that I had taken out.

Even today if you call FNB they would check if you qualify and ask you to take you ID etc. to a branch.

I have referred to Part C of Chapter 6 of the National Credit Act 34 of 2005 ("the National Credit Act" or "NCA").

Nowhere in this section of the act does it indicate that the Bank may close an account and open a new account on behalf of a client. The following sub sections are listed:-

· Required procedures before debt enforcement

· Debt procedures in a Court

· Repossession of goods

· Compensation for credit provider

· Prohibited collection and enforcement practices

I have attached the Chapter 6, Part C for you.

Please refer to Chapter 4 of the National Credit Act 34 of 2005 ("the National Credit Act" or "NCA"), Part A – Consumer Rights

65. Right to receive documents

As a consumer I have a right to request documents that must be provided by the bank in the manner that I request it, be it email, post etc. I do not want generic documents but the documents that have my signature on it. Refer to section 65 (1) 65 (2) a, b

Relating to the telephone recordings, it is well within my right to request the same. Refer to the constitution of the Republic of South Africa, Act No 108 of 1996, Chapter 2,

*32 Access to information – (1) Everyone has the right of access to-

(a) any information held by the state, and

(b) any information that is held by another person and that is required for the exercise or protection of any rights.

Your statement as per below “All other service calls are recorded for internal use and will not be released” is misinformed and maybe you need to be educated on these matters. Call any other financial institution and after the consultant tells you that calls are recorded they will tell you it can be made available to you upon your request.

Now that I have explained to you my rights as a consumer and I hope that you do understand them:-

1. I require a copy of my original loan contract for ********** 595162,

2. I require a copy of my signed conditions of the loan (the signed copy is required because documents are revised from time to time and 2012 is 7 years ago so I would want to read what I had signed),

3. The policy or procedure document from FNB that indicates that a new ['legal'] account can be opened on behalf of a client in the absence of consensus (You have claimed that this is standard process on many occasions) – A large organisation like FNB will definitely have this documented in a policy or procedure. I would like a copy. For the record your standard contract does not mention anything about re-creating accounts that are in default or areas with new account numbers.

In closing, if you do not have any signed documentation relating to account number ********** 595162 then I’m afraid we never had any legal agreement at the very beginning.

I still maintain that the account ********** 971153 is not mine, I have never opened it nor did I sign any documentation acknowledging that this was my account since inception. FNB had no right to open another personal loan on my behalf without my knowledge. This account should be closed.

If I do not receive the required documents from you relating to this issue, I will be submitting this information onto public domains including any newspaper that would like to publish my story so that FNB clients and prospective clients will have an idea of how FNB has become rogue.

The NCR does not give FNB permission to close a loan account and re-open a new loan account with the customers consent or knowledge.

You may think that by insisting that this account will remain open you are a winner or some sort but let me spell it to you. Word of mouth is an important aspect of advertising - more important than watching a FNB advert on TV. What one person says to another holds more weight in a persons mind than watching a how can we help you advert. Every time I tell someone about this experience with FNB this will be relayed to others and pretty soon what one person knows will be known by a 100,1000,10000, ********** etc. new clients will become influenced to look elsewhere eventually.

You choose to insist that an account which is years old must remain open, and in doing that First Rand will lose another R47,000 because as mentioned in the telephone call I will stop paying for my Car (Wesbank) until such time you choose to close this account. So really you need to learn how to negotiate. Fighting for something that is never going to materialise (FNB Loan Acc) whilst placing in jeopardy an account that is good standing (Wesbank) makes you a double loser.

The people of South Africa should request that FNB declares the interest rates that are given to the various races that make up the nation, you will find that the white population gets a cheaper interest rate that a non-white. You will also find that the turn around time for a complainant who is white is quicker than that of a non-white. Just reading through complaints on hello peter i could see that certain races get quicker favourable responses when compared to the others - ****** bank.

Good day Mr. Kannusamy,

Your loan was taken out telephonically, I have requested retrieval of the voice recording and it will be released as it becomes available. All other service calls are recorded for internal use and will not be released.

Your loan statements are attached, I have also attached the generic terms and conditions that would have been sent to you at the time of the application.

I would like to highlight the following section from the terms and conditions:

11. What happens if you are in default

If you are in default, the Bank may take the steps set out in Part C of Chapter 6 of the National Credit Act 34 of 2005 ("the National Credit Act" or "NCA").

The Bank can also at any time when you commit an act of default, either, terminate this agreement and claim the full outstanding amount you owe it under this Credit Agreement or

claim the full outstanding amount you owe under this Credit Agreement without affecting any of its other rights.

As I mentioned, the change in the account number is our internal process however you remain liable for the debt as per the original agreement.

Regards, Irving

From: Desigan Kannusamy ********** Sent: Wednesday, 16 January 2019 12:28 To: Marshal, Irving ********** Cc: FNB CEOComplaints ********** Subject: Re: CEO COMPLAINT REF NO - ********** - [External Email]

Hi Irving,

Further to our discussions today you have promised to send to me the following:-

1. My original signed loan agreement for account number ********** 595162;

2. The statement of account since inception for account ********** 595162;

3. The terms and conditions for the loan account ********** 595162 (the copy that I had signed when taking the loan);

4. The policy or procedure document from FNB that indicates that a new ['legal'] account can be opened on behalf of a client in the absence of consensus.

5. The section within with National Credit Act that indicates that the bank is allowed to create new accounts on behalf of the clients in the absence of consensus.

On my side, I have been through my mail box and attached my original complaint that was sent to the ombudsman.

Your question was why should you close the account ********** 971153? and on what basis

After looking at my complaint - this is not my account and should have never have appeared on my credit report in the first place. Please read the other attached email which will indicate why I do not acknowledge account ********** 971153 as my own. It it not rocket science.

FNB has no right to create loan accounts on behalf of its clients in the absence of consensus and without notifying the client. I believe this is rogue practice. You further went on to say that even standard bank does the same - I've banked with standard bank and have never experienced this type of practice, even when my accounts went into arears.

Wesbank is a part of FNB, and there was a time when I fell behind on my wesbank vehicle payments. I was in arears for more than a year. The collections department (Consol) had contacted me at the time and said that my account handed over - no new legal account was created for me.

As I have said this is not my account and you had no right to open it in the first place, so close it. I will not be paying wesbank until you close this account and also I will make this issue a public issue via the various media streams available. I am also considering sending this complaint to the local newspapers.

On Tue, Jan 15, 2019 at 2:19 PM Marshal, Irving ********** wrote:

Good day Mr. Kannusamy,

I have tried calling you regarding the below to no avail. Kindly advise on a suitable time that I can contact you.

Regards, Irving

From: Desigan Kannusamy ********** Sent: Monday, 14 January 2019 16:40 To: FNB CEOComplaints ********** Subject: Re: Please assist - [External Email]

Hi,

I had spoken you someone from ceo complaints this morning and we had agreed that someone senior would contact me to resolve. I had the same experience whereby an inexperienced loan resolution consultant had called me and when I asked for her manager she said that he was not available and would call me because he was busy even without trying to locate him. its now 4:35 pm and no one has called me.

I had thought we agreed that someone with decision making authority would contact me - as i had explained that I had escalated my complaint because I was tired of the same old useless consultants who have no back bone.

Please can you contact me