Dear Claudienne,

I really need your help. On January 24, 2017, I visited the Montego Bay branch of COK Sodality Co-operative Credit Union to set up a payroll deduction. While I was doing so, I was introduced to the CUNA Insurance Family Indemnity Plan (FIP) by an agent. During our conversation, I told her that my contribution to the FIP would be done via salary deductions.

However, shortly after speaking with the agent I changed my mind as I would be migrating. Therefore, I did not submit any information to my employer for a salary deduction to be done.

When I went back to COK in March 2017 and spoke with an individual whom I will call Mr K, he told me that I had an active FIP. I then made a request for the FIP to be cancelled and my money reimbursed. I left the financial institution with the understanding from Mr K that this would be done.

When I went back to COK in April 2017, I discovered that instead of the FIP being cancelled and my money returned, another salary deduction had been made. I then told Mr K, who in March had promised to cancel the FIP, that I wanted to speak to a manager. He took me to someone I will call Mr M, who he said was a manager, but who I later learned was a supervisor.

Mr M told me to write a letter requesting that the FIP be cancelled. He told me that based on the fact that I was migrating and would not be in Jamaica for a lengthy period of time, he would try to reach out to CUNA to see if the payments made to CUNA could be reimbursed to me. As mentioned above, I later found out that Mr M was not a manager but was in fact a supervisor.

From the month of March until June 29, I have been trying to have this issue resolved without success. I told Mr K that I would be leaving the island at the end of August, and wanted the matter settled before I left. When I visited the branch on June 29, 2017, Mr. K told me that I would be reimbursed, and that all that was needed was for a supervisor to sign off on it. However, when I visited the branch on July 13, 2017, I was told that the money which should have totalled $13, 728 had still not been reimbursed.

I filed a complaint with the Financial Services Commission (FSC), but was informed that the issue could not be resolved by them as COK was not regulated by that body.

On September 30, 2017, I sent an e-mail to the Consumer Affairs Commission (CAC) to find out if I could file a complaint with them, but did not receive a response.

Before leaving Jamaica, I was able to scan and save copies of the documents I had signed with COK. The copies of these documents included a form which had a detachable slip for me to take to my then employer for the withdrawals to be done. Since I did not submit this form to either my employer or the COK, I believe that the withdrawals that were done were unauthorised.

I am now living in a new country, and am reaching out to you for assistance. Thank you in advance.

CW

Dear CW,

Tell Claudienne has been in communication with the Customer Experience manager at COK, and they have sent us the following e-mail response.

“ We write in response to your e-mail on the captioned matter of COK Sodality making unauthorised deductions on behalf of the member named in the correspondence. Please be advised, however, that there was no intent to unduly inconvenience the member in this matter, and that the final decision to either award or not award a reimbursement on the premiums paid for the period is not the ambit of COK Sodality.

Additionally, as a general industry rule, insurance premiums paid for active policies are non-refundable.

The following statements are also applicable:

* When the member completed and signed the CUNA Caribbean (CUNA) FIP enrollment form and the COK Standing Order deduction form for the FIP premiums to be deducted from her account, those actions constituted an agreement for said premiums to be paid over to CUNA for the plan.

*Any subsequent retraction on this agreement must be made in writing to COK Sodality by the member.

*Not submitting the salary deduction form to her employer does not constitute a retraction of said enrollment or notice of termination. Deductions from standing order accounts occur once sufficient funds are present on the account to facilitate the payment obligation.

*At the time the member submitted in writing the intention to terminate the Plan, a total of four premiums were already allocated and it was clearly communicated to the member that the decision to refund the premiums cannot be made by COK Sodality, but its partner, CUNA.

*Upon receiving the written instructions for termination from the member on May 11, 2017, the FIP premium deduction was subsequently ceased on May 31, 2017. Additionally, it must be noted that all premium payments become due on the fifth day of each month.

We are always member service-oriented; therefore, any actions by our representatives deemed to be poor service quality is deeply regretted.

We remain committed to our mandate of service above all.”

After we received this e-mail response from COK, we spoke to the credit union’s spokesperson and requested clarification on certain points.

In the course of the conversation, Tell Claudienne realised that there were discrepancies between what the customer experience manager said that Mr K related to her and what your letter of complaint to this column stated. We suggested to the COK spokesperson that speaking with you would give her a better understanding of what had transpired, and she agreed. However, we did not have your address or telephone number, and neither did COK.

We note that after Tell Claudienne e-mailed, you phoned the credit union spokesperson. Apparently your phone call gave her a clearer understanding of what had transpired, as you subsequently received the following letter from COK on December 8, 2017:

“ Good afternoon.

This is to advise that the issue of deductions from your Standing Order account to facilitate payments to your FIP Plan has been resolved. Your account will be credited by end of day on Wednesday, December 13, 2017, with the amount of Thirteen Thousand Seven Hundred and Twenty-eight Dollars ($13,728.00) representing debits from your account for the period February 2017 to May 2017.

We regret any inconvenience which might have been caused. “

We note that you replied to COK as follows:

“ Thank you very much for finally having this issue resolved. With the fact that I am no longer in Jamaica and will not be returning any time soon, there is a question of how I can get this money to me and fully close my account with COK. A wire transfer can be done or I can ask a trusted friend in Jamaica to assist. Please advise. Thank you.”

However, since you are now living in the Netherlands, the issue then arose as to how you would receive the money from COK.

We note that on December 11, 2017 at 10:43 am you sent COK the following e-mail:

“ I attempted to have the money refunded while I was in Jamaica – for 6 months, but then your colleagues were pussyfooting around the issue. I’ll leave the closing of the account until I am in Jamaica as you suggested. I will NOT be burdened with going through all that hassle because of COK in order to have someone access the funds. I would like the money wire transferred to me at the earliest possible time, and COK will need to stand the cost of such! “

COK replied to your e-mail at 5:24pm the same day, December 11, 2017, as follows:

“ Miss C W, in regards to closing your account, no one can close your account on your behalf. However, whenever you are in Jamaica, please stop by at any one of our locations where you can close the account.

I’m also sending you an attachment of an Electronic Instructions Authority and Indemnity form so the person of your choice could access the funds that we have refunded to your account. You are required to complete the document, and notarisation should be done by a Notary Public that must state when commission expires and seal documents. You will then take this document to the County clerk’s office for the County clerk to attach his or her certificate to the document , the Mayor or Deputy mayor or the Chief Magistrate of city, town or Borough ( must state when commission expires and seal document). A copy of your valid ID and TRN card is also required to be sent with that form which are also required to be notarised. Miss CW, you are required to mail the information to our address at 66-70 Slipe Road Kingston 5.”

We see that you have now agreed to comply with the COK request for notarisation of the documents in the Netherlands and have informed them of your decision.

On Wednesday December 13, 2017, you informed Tell Claudienne of your intention to comply with the COK request for notarisation by way of the following e-mail:

“ I have asked the individuals that I have been communicating with to have the money wire transferred to me as I do not have access to the account in Jamaica and will not be returning any time soon. I was informed that I have to sign an Electronic Instructions document (I have attached a copy) in order for this to be done.”

We wish you all the best.

Have a problem with a store, utility or company? Telephone 936-9436 or write to: Tell Claudienne c/o Sunday Finance, Jamaica Observer, 40-42 1/2 Beechwood Avenue, Kingston 5; or e-mail:edwardsc@jamaicaobserver.com. Please include a contact phone number.