Credit Unions - ontario credit union - account opening refusal - Canada

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RE: ontario credit union - account opening refusal

Postby dkc-cal » Mon Jun 01, 2009 10:05:55 AM

Quebec is a whole different entity in itself. I am not very familiar with banking there. Does anyone else have any suggestions? In any other province I know that at the major 5 financial institutions they cannot deny you a bank account based on poor credit. They can however, deny you if they feel that you are being untruthful in why you are using this account ( fraudulent reasons) or if they feel that you are funding terrorism, organized crime etc. What you should do is check to see what bank that it is governed by.
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RE: ontario credit union - account opening refusal

Postby dwhyte99 » Sun May 31, 2009 06:06:48 PM

I have a similar problem.

I have bad credit from a credit card or two unpaid (i was in college... yadda yadda yadda) and had a problem with an internet bill that kept being debited from my account; so i closed it.

When I went to open another account, because they said my credit was bad, they refused to allow me to open an account until I proved that these debts were paid.

I am now using a family members account to cash my checques, but would like my own, so I can do so, as well as start paying these debts off.

I live in quebec and I tried at the Caisse Populaires. Would I ahve better luck trying at a bank (ie Royal Bank, BMO, Laurentian)???

Thanks
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RE: ontario credit union - account opening refusal

Postby dkc-cal » Thu May 28, 2009 09:33:51 AM

Since I am not computer savy, I don't know how to post the link so here is the name of the legislation for Alberta.

PIPA: Personal Information Protection Act, the sections that pertains to what we are talking about is in section 7(1): consent required and section 8(1): forms of consent.

It seems, however, that in orestes04's case the verbal request was not asked or even made evident that a credit bureau would be requested. You could go onto the credit unions website and at the bottom they should have their privacy act. In that information it will say who to contact if you want to report a complaint. Also find out what legislation they follow. I know that Alberta and BC credit unions follow PIPA. At that time you can file a complaint with that agency.
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RE: ontario credit union - account opening refusal

Postby orestes04 » Wed May 27, 2009 04:08:55 PM

dkc-cal -

Would you be able to point me to the applicable rules / legislation that says CUs only need a verbal?

Considering everything else (dept stores, CCs, banks, etc.) require a signature for a CB - I'm curious as to what enshrines a CUs right to be the only unique one of the bunch?

Thx
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RE: ontario credit union - account opening refusal

Postby orestes04 » Wed May 27, 2009 01:39:44 PM

Hmm..knew there were differences in the act (fed v. prov)...so no huge surprise there, unfortunately.

However, and to reiterate - no permission granted by me - written or verbal, implied or explicit to pull the bureau.

No exaggeration in saying that I had literally just sat down when the rep typed a few things into the computer with my p-copied id in front of her - and then refused to open the account.

Looked like it was a hard inquiry as he had all of my previous addresses etc. in front of her.

I said I would be willing to have a hold on everything to mitigate the 'risk', but that was declined by the branch manager.

In my previous banking experience, we just had the customer sign something saying we were looking at the bureau, and then the computer would spit out what the 'hold funds' limit would be. Nothing as invasive as what this seemed to be.

Previous PIPEDA case stuff says that banks don't have to pull a bureau - if you're willing to forego some of the conveniences (eg. hold total funds), then there is no need. Nothing on the credit unions though, and I can't find any legislation as they are not governed by FCAC.

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RE: ontario credit union - account opening refusal

Postby dkc-cal » Wed May 27, 2009 09:28:45 AM

Banks regulated by the Bank Act of Canada cannot refuse an opening of an account because of poor credit. It is against the law. However, as was stated before, they can put restrictions on your account ie) cashing cheques, release limit, when something is deposited through an ABM.

Credit Unions and other smaller financial institutions are alot different. They do not follow the Bank of Canada Act. They are not considered a Bank and are regulated by the province in which they operate. They can refuse you a deposit account but if they decide to open it they will put even more restrictions on you because you are deemed high risk. Large banks have a large amount of overhead and they can take steeper risks, where credit unions do not. The pockets aren't as deep if a loss has incurred.

As far as the credit check goes, Banks regulated by the Bank of Canada Act MUST have a client sign a Credit Consent form before pulling a credit bureau. Provincially regulated FI's do not. A verbal consent MUST be given from the client prior to pulling.
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RE: ontario credit union - account opening refusal

Postby RichardC » Wed May 27, 2009 08:39:15 AM

I agree with Joe, I am sure you need signed consent to run someones credit report.

You may have consented to it on the application to open your account.
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RE: ontario credit union - account opening refusal

Postby average_joe » Wed May 27, 2009 08:31:20 AM

I would go back into the credit union and ask to speak to a manager. If you didn't sign a consent form for them to do a credit check then they are breaking the law. I believe the bank or credit can refuse to open a bank account if your credit is bad. I believe banks will open a bank accout even if your credit is bad, but you won't have any privileges like cash back etc.I would go on Google and type in pipeda act and you will get all the information you need on the personal information act.
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ontario credit union - account opening refusal

Postby orestes04 » Wed May 27, 2009 08:25:00 AM

Just tried to open up an account at an ontario credit union.

Before I had barely sat down, they used my photocopied ID to do a credit bureau lookup on me (without my knowledge) and notified me that they wouldn't open the account for me due to a low credit score from a collection item. I asked if there was something I should have signed first before they pulled the bureau, and the response was 'no'.

Two questions...Can they look at my credit bureau without my consent? Can they refuse to open an account (I know fcac says banks can not, but I think that credit unions are provincially regulated)?

THX.

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