The complainant received several calls from the Bank over a period of three years, demanding payment of arrears on a mortgage loan account. The complainant advised the Bank on numerous occasions that she did not have a mortgage loan account with the Bank.
In March 2019, the complainant was once again contacted by the Bank in respect of this issue. It subsequently came to the complainant’s attention that the mortgage loan was listed on her credit profile. The complainant lodged a complaint with our Office and requested compensation in the amount of R 2 million for the distress and inconvenience she had suffered as a result of the Bank incorrectly listing her and for the medical expenses that she incurred due to the stress of resolving this issue.
It was our finding that the complainant’s claim for R 2 million was unfounded and consequential in nature. However, it was acknowledged that the Bank’s error and harassment over the years had caused her a certain amount of distress and inconvenience. It was therefore suggested to the Bank that it compensate the complainant to the amount of R 5 000 and the Bank accepted our recommendation in this regard.
PRINCIPLE Banks have a duty to ensure that their records are correct. Claims for distress and inconvenience are compensatory in nature; they are not intended to enrich a customer.
