We considered Elsdon should have complained about the circumstances of the account closure back in 2006, not 15 years later. So much time had elapsed that we could not look into whether the bank had followed a fair procedure in closing his account. We did, however, find that the bank acted appropriately in taking the diary notes into account in deciding not to open an account for him or lend him money. We also found that this decision was an exercise of its commercial judgment, a matter we do not have the power to review. Nor do we have the power to require banks to amend notes made by staff of their interactions with customers. However, we told Elsdon he could ask the bank to make a correction to the notes under the Privacy Act 2020, and that he could ask the police whether they held any information about the alleged fraudulent activity.
We did not uphold Elsdon’s complaint.Print this page