A Maple Ridge lawyer is representing a client with a lawsuit against the Bank of Nova Scotia, who also wants to bring a class action lawsuit over what they claim are harassing collections calls.
Robert Greene of Vancouver brought a lawsuit against the big bank, and his lawyer is Sean Dinsley of Maple Ridge's Dinsley Litigation.
"It's that classic David and Goliath type of case," said Dinsley 鈥� his client is up against the resources of one of the nation's Big Five banks, with assets pegged at $1.4 trillion.
Dinsley called it an important case.
Greene hired Dinsley when he filed his claim against the bank. Then, because collections personnel from the bank continued to call Greene directly, rather than his lawyer, he alleges Scotiabank also committed an infraction under the Business Practices and Consumer Protection Act.
A letter from Dinsley to the bank's legal representative Hunter Parsons last July alleges the bank's collection employees were making three calls per day, for a total of 311 "harassing calls" at the time of writing, as well as 36 e-mails.
"Despite Mr. Greene advising that the debt was in dispute and requesting that all calls are directed to his lawyer, this has apparently not acted as a brake to the behaviour of the collections employees and the harassing calls are continuing at the same frequency," wrote Dinsley.
He also asked that all future correspondence be directed to him.
"Would you please discuss this issue with your client and advise them of the Business Practices and Consumer Protection Act requirements that they direct communication through counsel," said Dinsley.
Greene believes he is not the only person in Canada subjected to such treatment, and hopes others will join the class action suit. The class action is being handled by a second law firm that specializes in this area of law.
None of the allegations against Scotiabank has been tested in court.
Greene's original dispute, outlined in his statement of claim, says he was induced by the bank, and its senior financial advisor, to convert his credit card balance of $16,000 to a line of credit with a high interest rate, after the defendants "negligently misrepresented," that he would be able to transfer the balance. Later, after an "extremely lengthy investigation" by the bank, he learned the transfer was not possible.
He made the agreement at the Scotia Bank branch at 1205 Robson St. in Vancouver.
Greene's claim says he is suing for the loss of opportunity to invest his money, which was locked into the line of credit, for damage to his credit report, for loss of opportunity to transfer the balance at no interest rates for one year, stress and emotional distress, and other damages.
He is seeking $340,000.
Scotiabank denies the allegations, and in its response to the civil claim said Greene signed account agreements, and they "preclude and bar the plaintiff's claims raised in this action."
"Scotiabank denies that any of its representatives made any representations to the plaintiff about his ability to transfer the balance in the line of credit account to a credit facility at another financial institution," reads the bank's response.
The bank denies Greene was induced to enter into the account agreement, and said he did not suffer any loss or damage for which the bank is responsible.
The Scotiabank response said Greene's claim for damages is "outrageously inflated and without any basis at all, and deserving of sanction by the court."
Contacted by The News, Scotiabank would not comment on a case which is before the courts.
