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Possibly Unlawful CRB Listing - Legal Redress
seppuku
#1 Posted : Thursday, August 21, 2014 3:48:37 PM
Rank: Veteran


Joined: 5/11/2010
Posts: 918
Good people of the republic.

I just learnt that I have been listed at one of the Credit Reference Bureaus by a local bank. Here's some history.

I opened a saving account with the said bank in 2010 but never operated it. I completely forgot about it until a week ago when I learnt about the CRB listing.

On looking at my CRB report, it turns out I was listed for that account - which had since fallen dormant - ostensibly because it had been overdrawn (on the basis of accrued bank charges).

As far as I know, and a customer care rep at the bank has verbally confirmed this, such a savings account is not supposed to attract any charges.

Anyway, I asked the bank for my statement so I could see the reason for the charges. They said they cannot generate one until I "regularized" the account, which involved paying the overdrawn amount (approx. KES 800), KES 200 for reopening the account and KES 500 in minimum balance. All this happened after several trips to the bank.

Eventually they cleared me, but even then my statement still doesn't show the source or circumstances of the overdrawn amount, and nobody at the bank has been able to explain it yet. On top of this, I was not given a notice before I was listed and my current bank has denied me credit on this basis. I want to sue. Is this case strong enough to be worth it?
Learn first to treat your time as you would your money, then treat your money as you do your time.
IDP
#2 Posted : Thursday, August 21, 2014 4:15:16 PM
Rank: Member


Joined: 8/26/2009
Posts: 76
About suing the bank, don't go there. You'll only make the lawyer happy. You cant win against big money and you can take that to the bank.

About the listing, it can happen because sometimes the file is too large and sometimes the bank clerk may not be able to check each case individually. Just go to the CRB pay them 2200/= and get a clearance certificate and that will be about it. All they want is clearance from the listing bank.

Not all fights are worth fighting.
Toxicity
#3 Posted : Thursday, August 21, 2014 4:16:20 PM
Rank: Member


Joined: 1/15/2010
Posts: 458
Mhhhh can you tell us which bank this is? that is so wrong!
update president set president = speaker where president is null
Jitahidi
#4 Posted : Thursday, August 21, 2014 4:28:25 PM
Rank: Member


Joined: 5/8/2008
Posts: 288
Toxicity wrote:
Mhhhh can you tell us which bank this is? that is so wrong!

Am guessing it must be Barclays..
Toxicity
#5 Posted : Thursday, August 21, 2014 4:41:28 PM
Rank: Member


Joined: 1/15/2010
Posts: 458
Is there a way you can check online if U listed on CRB?
update president set president = speaker where president is null
seppuku
#6 Posted : Friday, August 22, 2014 9:28:04 AM
Rank: Veteran


Joined: 5/11/2010
Posts: 918
IDP wrote:
About suing the bank, don't go there. You'll only make the lawyer happy. You cant win against big money and you can take that to the bank.

About the listing, it can happen because sometimes the file is too large and sometimes the bank clerk may not be able to check each case individually. Just go to the CRB pay them 2200/= and get a clearance certificate and that will be about it. All they want is clearance from the listing bank.

Not all fights are worth fighting.


I know, and I appreciate your point about big money. In an argument with a stone the egg is (nearly) always wrong. But this looks like such a straightforward case to me. A customer statement that does not show how the account is overdrawn? A bank that cannot explain how come I owe them money? How could the bank possibly argue this one out? The lawyers in the house...

Plus it's all so damn wrong I think they should be punished.
Learn first to treat your time as you would your money, then treat your money as you do your time.
seppuku
#7 Posted : Friday, August 22, 2014 9:30:21 AM
Rank: Veteran


Joined: 5/11/2010
Posts: 918
Jitahidi wrote:
Toxicity wrote:
Mhhhh can you tell us which bank this is? that is so wrong!

Am guessing it must be Barclays..


Nah, it is not Barclays. It's a local bank. I will shame it in due course.
Learn first to treat your time as you would your money, then treat your money as you do your time.
seppuku
#8 Posted : Friday, August 22, 2014 9:37:00 AM
Rank: Veteran


Joined: 5/11/2010
Posts: 918
Toxicity wrote:
Is there a way you can check online if U listed on CRB?


I don't think so. But I remember reading in the media that the law entitles you to at least one report about yourself per year. Beyond that you have to pay. I believe you have to apply for the report in writing.

FYI, and contrary to a popular misconception, "the CRB" is not one place or organization. It is not even a government agency. CRBs are private businesses licensed and supervised by the Central Bank. CBK works with these two.
Learn first to treat your time as you would your money, then treat your money as you do your time.
McReggae
#9 Posted : Friday, August 22, 2014 9:56:50 AM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Sue, big money always pay to settle matters out of court!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
ZZE123
#10 Posted : Friday, August 22, 2014 6:26:12 PM
Rank: Elder


Joined: 6/21/2008
Posts: 2,490
seppuku wrote:
Jitahidi wrote:
Toxicity wrote:
Mhhhh can you tell us which bank this is? that is so wrong!

Am guessing it must be Barclays..


Nah, it is not Barclays. It's a local bank. I will shame it in due course.

Why are you protecting the bankd'oh! d'oh! d'oh! d'oh!
The man who marries a beautiful woman, and the farmer who grows corn by the roadside have the same problem
mozenrat
#11 Posted : Saturday, August 23, 2014 2:52:38 PM
Rank: Veteran


Joined: 5/18/2008
Posts: 796
ZZE123 wrote:
seppuku wrote:
Jitahidi wrote:
Toxicity wrote:
Mhhhh can you tell us which bank this is? that is so wrong!

Am guessing it must be Barclays..


Nah, it is not Barclays. It's a local bank. I will shame it in due course.

Why are you protecting the bankd'oh! d'oh! d'oh! d'oh!



Good question, I always feel that these people who are not willing to name the offenders are hiding some information themselves.. If you've been wronged whats the bloody point in shaming them "in due course"!!!! Those who complain in the Money magazine in the Nation newspaper don't hide the name of the offenders and guess what, they get solutions... What if one of us works at that bank and could help? NKT... Sema who it is tujue who to avoid.. thats a bigger punishment than any legal suit. As long as you're telling the whole truth why would you be afraid?


seppuku
#12 Posted : Monday, August 25, 2014 2:21:56 PM
Rank: Veteran


Joined: 5/11/2010
Posts: 918
mozenrat wrote:
ZZE123 wrote:
seppuku wrote:
Jitahidi wrote:
Toxicity wrote:
Mhhhh can you tell us which bank this is? that is so wrong!

Am guessing it must be Barclays..


Nah, it is not Barclays. It's a local bank. I will shame it in due course.

Why are you protecting the bankd'oh! d'oh! d'oh! d'oh!



Good question, I always feel that these people who are not willing to name the offenders are hiding some information themselves.. If you've been wronged whats the bloody point in shaming them "in due course"!!!! Those who complain in the Money magazine in the Nation newspaper don't hide the name of the offenders and guess what, they get solutions... What if one of us works at that bank and could help? NKT... Sema who it is tujue who to avoid.. thats a bigger punishment than any legal suit. As long as you're telling the whole truth why would you be afraid?




Aii, now I have something to hide tena? Okay, avoid National Bank of Kenya. I just didn't want to prejudice the discussion early on, but it seems I achieved the opposite result.
Learn first to treat your time as you would your money, then treat your money as you do your time.
bird_man
#13 Posted : Monday, August 25, 2014 3:57:34 PM
Rank: Veteran


Joined: 11/2/2006
Posts: 1,206
Location: Nairobi
I really feel for you.I also have a dormant Coop Bank savings account..hope I aint CRBed as a defaulter!
For your case...you may argue they didnt notify you.But the Bank is only required to show it made some "best effort" to inform you. It could be via your last known cell number,email or PO BOX. Now whether you got it is a different story!
I hope you are able to prove they didnt try!
Formally employed people often live their employers' dream & forget about their own.
butterflyke
#14 Posted : Monday, August 25, 2014 6:25:05 PM
Rank: Elder


Joined: 5/1/2010
Posts: 3,024
Location: Hapa
bird_man wrote:
I really feel for you.I also have a dormant Coop Bank savings account..hope I aint CRBed as a defaulter!
For your case...you may argue they didnt notify you.But the Bank is only required to show it made some "best effort" to inform you. It could be via your last known cell number,email or PO BOX. Now whether you got it is a different story!
I hope you are able to prove they didnt try!


Mambo ya fine print. I better go and close that dormant account....
Float like a butterfly, sting like a bee. - Muhammad Ali🐝
maka
#15 Posted : Monday, August 25, 2014 7:08:27 PM
Rank: Elder


Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
seppuku wrote:
mozenrat wrote:
ZZE123 wrote:
seppuku wrote:
Jitahidi wrote:
Toxicity wrote:
Mhhhh can you tell us which bank this is? that is so wrong!

Am guessing it must be Barclays..


Nah, it is not Barclays. It's a local bank. I will shame it in due course.

Why are you protecting the bankd'oh! d'oh! d'oh! d'oh!



Good question, I always feel that these people who are not willing to name the offenders are hiding some information themselves.. If you've been wronged whats the bloody point in shaming them "in due course"!!!! Those who complain in the Money magazine in the Nation newspaper don't hide the name of the offenders and guess what, they get solutions... What if one of us works at that bank and could help? NKT... Sema who it is tujue who to avoid.. thats a bigger punishment than any legal suit. As long as you're telling the whole truth why would you be afraid?




Aii, now I have something to hide tena? Okay, avoid National Bank of Kenya. I just didn't want to prejudice the discussion early on, but it seems I achieved the opposite result.


Bad bank...there are numerous complaints about the bank in various threads.
possunt quia posse videntur
Am
#16 Posted : Tuesday, August 26, 2014 2:52:22 PM
Rank: Veteran


Joined: 2/21/2012
Posts: 1,739
IDP wrote:
About suing the bank, don't go there. You'll only make the lawyer happy. You cant win against big money and you can take that to the bank.

About the listing, it can happen because sometimes the file is too large and sometimes the bank clerk may not be able to check each case individually. Just go to the CRB pay them 2200/= and get a clearance certificate and that will be about it. All they want is clearance from the listing bank.

Not all fights are worth fighting.


You make it sound so easy.

Have always wondered if you can get a loan with a bank that you have a 'Good' account with, when you are listed with bureaus by another bank? and on getting delisted, Does the history continue haunting you forever?

Do not be anxious about anything, but in everything, by prayer and petition, with thanksgiving, present your requests to God..
willin2learn
#17 Posted : Tuesday, August 26, 2014 3:07:49 PM
Rank: Veteran


Joined: 2/12/2008
Posts: 1,178
Am wrote:
IDP wrote:
About suing the bank, don't go there. You'll only make the lawyer happy. You cant win against big money and you can take that to the bank.

About the listing, it can happen because sometimes the file is too large and sometimes the bank clerk may not be able to check each case individually. Just go to the CRB pay them 2200/= and get a clearance certificate and that will be about it. All they want is clearance from the listing bank.

Not all fights are worth fighting.


You make it sound so easy.

Have always wondered if you can get a loan with a bank that you have a 'Good' account with, when you are listed with bureaus by another bank? and on getting delisted, Does the history continue haunting you forever?




You can always get a facility with a bank you have a good relationship with, CRB report not withstanding
Am
#18 Posted : Tuesday, August 26, 2014 3:51:55 PM
Rank: Veteran


Joined: 2/21/2012
Posts: 1,739
willin2learn wrote:
Am wrote:
IDP wrote:
About suing the bank, don't go there. You'll only make the lawyer happy. You cant win against big money and you can take that to the bank.

About the listing, it can happen because sometimes the file is too large and sometimes the bank clerk may not be able to check each case individually. Just go to the CRB pay them 2200/= and get a clearance certificate and that will be about it. All they want is clearance from the listing bank.

Not all fights are worth fighting.


You make it sound so easy.

Have always wondered if you can get a loan with a bank that you have a 'Good' account with, when you are listed with bureaus by another bank? and on getting delisted, Does the history continue haunting you forever?




You can always get a facility with a bank you have a good relationship with, CRB report not withstanding


Thanks for clarifying
Do not be anxious about anything, but in everything, by prayer and petition, with thanksgiving, present your requests to God..
seppuku
#19 Posted : Tuesday, August 26, 2014 3:56:55 PM
Rank: Veteran


Joined: 5/11/2010
Posts: 918
Am wrote:
IDP wrote:
About suing the bank, don't go there. You'll only make the lawyer happy. You cant win against big money and you can take that to the bank.

About the listing, it can happen because sometimes the file is too large and sometimes the bank clerk may not be able to check each case individually. Just go to the CRB pay them 2200/= and get a clearance certificate and that will be about it. All they want is clearance from the listing bank.

Not all fights are worth fighting.


You make it sound so easy.

Have always wondered if you can get a loan with a bank that you have a 'Good' account with, when you are listed with bureaus by another bank? and on getting delisted, Does the history continue haunting you forever?



Well, they say they are required by law to keep the information for 5 years after you clear with them. It's quite nasty, actually.
Learn first to treat your time as you would your money, then treat your money as you do your time.
seppuku
#20 Posted : Tuesday, August 26, 2014 3:59:36 PM
Rank: Veteran


Joined: 5/11/2010
Posts: 918
Am wrote:
willin2learn wrote:
Am wrote:
IDP wrote:
About suing the bank, don't go there. You'll only make the lawyer happy. You cant win against big money and you can take that to the bank.

About the listing, it can happen because sometimes the file is too large and sometimes the bank clerk may not be able to check each case individually. Just go to the CRB pay them 2200/= and get a clearance certificate and that will be about it. All they want is clearance from the listing bank.

Not all fights are worth fighting.


You make it sound so easy.

Have always wondered if you can get a loan with a bank that you have a 'Good' account with, when you are listed with bureaus by another bank? and on getting delisted, Does the history continue haunting you forever?




You can always get a facility with a bank you have a good relationship with, CRB report not withstanding


Thanks for clarifying


This hasn't been the case for me, and I have been with my current bank for almost 2 years now. But then again, maybe that's not how they judge if the relationship is "good".
Learn first to treat your time as you would your money, then treat your money as you do your time.
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