Background: The Plaintiff was incorporated by three individuals who commenced as officers and shareholders. Two of the officers reported unauthorized transactions on a business account that was conducted using an unauthorized debit card by Defendant 2. The agreement between the Plaintiff and the Bank did not indicate that withdrawals could be made with a debit card.
The Account Manager with the Bank confirmed that there had been unauthorized transactions withdrawn using an unauthorized debit card issued to Defendant 2. Upon this confirmation, the other two officers requested that the bank remove the signing authority of Defendant 2 and cancel the debit card in the officer’s possession.
Upon instruction of the Bank, a police report was submitted and an investigation commenced. The Bank reported further unauthorized transactions by Defendant 2 and stated that an undisclosed amount of unauthorized transactions related to Defendant 2 involved an internal employee.
The Bank assured the other officers that the aforementioned amount would be credited to the Plaintiff’s account within a month’s time; however, the credit had not been processed as promised.
Pre-Negotiations:Bank was only willing to pay the Plaintiff $1000.00
Negotiations:The Plaintiff retained Mississauga Paralegal. The Bank offered to pay $5100.00 claiming that the Plaintiff shared some of the responsibility for Defendant 2’s access to the account.
Mississauga Paralegal submitted a claim with Small Claims Court and the Bank then decided to own up to 100% of the responsibility offering an amount of $10,500.00.
Acceptance of Offer: The Plaintiff accepted the offered amount and has decided to pursue the balance of the claim criminally against Defendant 2.
CLIENT SATISFACTION It was clear that the Bank was responsible in this case. However, the Plaintiff was powerless over the Bank until it retained Kevin R. Hodge who demonstrated a strong presence of not backing down until the Bank paid!