Credit union manager spoke about personal business

tipptopper

Hi all

I’d appreciate your help on this please. My brother has a credit union loan outstanding at the moment but he has moved to the UK in search of work. He has been sending cheques home to my other brother to leave into the credit union to repay the loan.

Loan is in arrears but he is trying his best to remedy the situation, he is a plasterer by trade and had been out of work for 2 years. He is now in full time work here.

Anyway here’s the problem, 2 of the cheques he sent home have bounced, he was in the process of changing accounts here and simply forgot to lodge money to meet them, he has it sorted now but the manager of the credit union shouted out to my other brother yesterday when he arrived in to do his own business “your brothers cheques bounced, tell him I want to speak to him immediately “ He was absolutely mortified as there was quite a que and everyone heard it.


He was simply obliging my brother by leaving the cheques in, now she has rang him a total of 9 times since yesterday lunch time over it. She has a contact number for my brother here in the UK but has taken it upon herself to chase the other brother simply because he was the one leaving in the cheques.


It was a simple mistake, even when my brother had no work he always gave them what he could every week, but he is absolutely sickened that

(A) She involved my other brother by speaking about his private business

(B) She said it loud enough while he was queing so other people heard it, and to make it worse, 2 of our nosy neighbours were standing there also, with them hearing it you may as well have put it on the radio

Any advice on how to tackle this situation please? He wants to repay his debt as I said, it was a genuine error on his part. Hope it’s no too confusing, tried to clarify it best I could while in work.

Thanks

unclebill98

Common issue. Some cu and banks are small places so privacy is always an issue.

However if you feel this was no good service make a complaint directly to the cu.

coylemj

Write a letter to the chairman of the CU committee/board of directors, outline exactly what was said, name all those people present and ask him/her what he/she proposes to do about it and ask for a reason why you shouldn't formally complain to the registrar of credit unions.

I would also draw the chairman's attention to S.71 of the Credit Union Act 1997 and ask why you shouldn't report the matter to the Gardai as a breach of S.71(1) is an offence....

71.—(1) Subject to subsection (2), during his term of office or at any time thereafter, an officer or voluntary assistant of a credit union shall not disclose or permit to be disclosed any information which concerns an account or transaction of a member with, or any other business of, the credit union.

.....

(5) A person who contravenes subsection (1) shall be guilty of an offence.

There is no specific penalty for a breach of S.71(1) so this provision would apply....

171.—(1) ..... (not relevant)

(2) A credit union or other person who is guilty of an offence under subsection (1) or any other provision of this Act, other than an offence for which a different penalty is expressly provided, shall be liable—

(a) on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding three months or both; or
(b) on conviction on indictment to a fine not exceeding £5,000 or to imprisonment for a term not exceeding two years or both.

http://www.irishstatutebook.ie/1997/en/act/pub/0015/print.html#sec71
http://www.irishstatutebook.ie/1997/en/act/pub/0015/print.html#sec171

roro2

unclebill98 wrote: »

Common issue. Some cu and banks are small places so privacy is always an issue.

It's not a common issue and is completely unacceptable and unprofessional, and compounded by the manager discussing it (or trying to) with the "third" brother. I would not let it rest, and make formal complaint(s) about it.

unclebill98

Ill explain. It's a common issue in small banks/cu that your business is frequently over heard.

Technoprisoner

contact these people ...they will be best to advise you what to do http://www.centralbank.ie/regulation/Pages/home.aspx

badgerbroc11

If the cu manager called in your brother to a private interview room to discreetly enquire ir would be one thing, but what appears to have happened is quite another. If you want to pursue this matter lodging a complaint with the dataptotection office would be best (dataptotection.ie).

Dubhlinner

Report immediately. Could well be a claim in this for your brother. Your other brother being told was a major breach of confidentiality let alone half the branch.

tipptopper

Thanks for the replies, he has written to the CU manager informing her of his decision to report the matter to the board of directors, the registrar of credit unions and the data protection office, will keep ye posted of any outcome.
Thanks again.

tipptopper

Hi all

Thanks for your replies to my opening post. Just a quick update from events since.

My brother emailed the credit union manager advising his displeasure of the way she breached his privacy by discussing his business and said he was sending a letter of complaint to the board of directors / committee.

This was dated 20/09/12. She replied by email to acknowledge his email on the 29/09/12 asking him to forward his complaint in writing as she couldn’t respond to the complaint via email due to the data protection act (suits her now to apply the data protection act line)

He duly wrote to the credit union on the 02/10/12 and never heard a thing from them, no acknowledgement, nothing of the complaint. So he decides to email them again this morning asking why they haven’t acknowledged his letter. Lo and behold he got an email back 25 minutes after the one he sent from the credit union secretary acknowledging his original complaint by email. Claimed he refused to write to them as instructed.

He went on to say that my other brother was instructed to act as his “agent” therefore CU manager acted within the boundaries. Went on to say that the CU manger was absolutely astonished at the false accusations and strenuously denied them.


Also said it was a criminal offence to present a cheque for payment knowing funds weren’t available and they were reporting the incident to the Gardai.
Finished up saying they wanted x amount immediately as payment and as far as they were concerned the matter was closed.


Got this by email despite the CU manager saying she couldn’t respond via email due to data protection.

Of course, my brother addressed the points raised by the secretary in the return email, the most glaring point being my brother had instructed my other brother to act as his agent.
He didn’t of course, neither verbally or in writing and has asked for evidence of a copy of the letter where he instructed an “agent” to act on his behalf.

My question is; do you have to given permission in writing if you want someone to act on your behalf or will they take a verbal word over the phone?

My brother gave neither, but from the contents of the email they keep saying they were given permission but weren’t.

unclebill98

Consent to contact, consent to a 3rd party operating an account, consent to any banking matter must be in writing with the account holders signature.

tipptopper

Thank you UB98 for your response, much appreciated.

uck51js9zml2yt

If it were me I'd resend the complaint by registered letter 9 dont know why you didnt register it to begin with) and also write to the financial ombudsman and enclose the emails.

badgerbroc11

tipptopper wrote: »

Thank you UB98 for your response, much appreciated.

I would ask them for a copy of their complaints procedure. The fact you didn't get a reply would mean they are in breach of what would be expected in a complaints procedure. I would take this up with the financial ombudsman.

StillWaters

I would tread carefully. Read the terms and conditions of the loan offer. Your brother is in arrears and the CU could decide to invoke them and call in the loan in it's entirety.

I'm not saying the CU did not act unprofessionally, I would just cover my back on this one.