Bank denied agreeing to sale proceeds plan – until phone records showed otherwise

Categories:
Freeing up capital,
Summary:
In 2024, Edwin put a subdivided property up for sale. He had a mortgage on the property, and he maintained that he and the bank had reached an agreement that only $296,000 of the sale proceeds would go towards reducing other debt he had with the bank. The remainder would be his to spend on paying off a personal loan and purchasing a franchise business. However, the bank denied it had agreed to such an arrangement, although it admitted it could have communicated its rejection of his proposal more clearly. It held on to $415,000 - $118,000 more than Edwin had budgeted for, leaving him with no way to purchase the franchise business. As a result, Edwin took out third-party lending at a higher interest rate to purchase the franchise. The bank would not change its mind, and Edwin complained to us.
Published:
May 2025

Our investigation

We examined the communication between Edwin and the bank and noticed some meetings and phone calls were mentioned in other diary notes and correspondence, but no call recordings were included or diary notes made for those meetings. We asked the bank to double-check its records, and it reiterated that there were no call recordings, although it had found a further email. The contents of this new email, to our mind, appeared to support Edwin’s position that he had put his proposal to the bank. The bank said the staff members with whom Edwin had discussed his proposal had no authority to approve it. The bank added that Edwin had borrowed money from a friend but had failed to disclose this fact, meaning it would have been impossible to make an accurate assessment of Edwin’s financial position and thus to decide whether his proposal was feasible or not.

However, Edwin had, in fact, informed the bank about this extra lending. The bank subsequently told us it had found two calls between bank staff and Edwin, along with an internal call concerning Edwin. These calls supported Edwin's assertion that the bank had agreed to his proposal. In one of the calls, a staff member told Edwin his plan was "absolutely fine".

Outcome

The bank apologised for its mistake and for the impact this mistake had had on him and his family. It also agreed to loan him funds to pay off the third-party lending, and increased its offer of compensation for the stress and inconvenience it had caused. Edwin accepted the offer.

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