Keva rarely used the Card for Point of Sale transactions; she preferred carrying cash

in her possession to buy goods and pay for services. As her payroll was instantly

transferred to the Account by direct deposit from her employer, she would make a

weekly trip to the ATM, to withdraw cash that she needed to cover her expenses for

this week.

Since the opening of the Account, the Bank did not issue to Keva printed statements

of her account activities, as upon Account opening, Keva had opted to receive

statements electronically to her Hotmail account. Keva, though, wasn$$t the best with

checking her Hotmail account, and would usually just check her balance on her ATM

receipt, when she withdrew cash from the ATM for the week.

On$/$or about the Monday $8$th September $2021,$ Keva went to the ATM at the Bank$$s

Palmdale Branch to withdraw $$500$ cash for her weekly expenses. At that time, she

noticed her balance was significantly lower than she remembered the week before.

She was in a bit of a rush to get to work so did not have time to step into the Bank to

inquire of her balance. That week things were crazy at work, and so the time got the

best of her. The following week, she went to the ATM at the Bank$$s Soldier Road

Branch to withdraw the $$500$ cash for her weekly expenses, and the balance again

appeared to be significantly lower than she remembered, and she thought: $$This

doesn$$t make sense.$$ However, she couldn$$t deal with inquiring with the Bank at that

moment, as she had to pay a deposit for her daughter$$s school before reading into

work.

The week of $15$ October $2021,$ Keva was excited about their family$$s Fall Break

vacation $-$ a $14$ night cruise on Royal Caribbean$$s Symphony of the Seas. She hastily

went to the ATM at the Bank$$s Cable Beach Branch and again her balance was

strikingly lower than she imagined but she couldn$$t think about it because she had

to get ready for her flight that afternoon to Miami so her and her family could board

the cruise.

Upon her return to The Bahamas from the United States on$/$about the $3$rd of

November, she went into the Cable Beach Branch and inquired about her statement

of account. The teller at the Bank printed out her statement of account, and it is was

then she noticed that there were numerous charges on her card at various stores, one

was the purchase of a television on $7$ September $2021$ at Quality Home Centre totaling

BSD$$1,300$; another charge was a $$300$ charge at Latitude$$s restaurant on $16$

September $2021$; another was the purchase of clothing totaling $$1,300$ at Polo Ralph

Lauren, in the Mall at Marathon on $17$ September $2021.$ She was flabbergasted! She

immediately told the teller, $$I need to speak to the Manager now!$$ Keva then met with

the Branch Manager and told him that she never used her debit Card for Point of Sale

transactions and only used it to withdraw cash from the ATM.

The Branch Manager, Lamont Hanna, said, $$we will launch an investigation; but

unfortunately, I am not sure what we can do in this circumstance, as the Bank$$s

Terms & Conditions require that you notify us within $30$ days of the charges.$$ Keva

said, $$I want my money and I want it now!$$

Keva meets with the Bank$$s IT Manager, as well as files a police report with the

Financial Crimes Unit of the Royal Bahamas Police Force. The Inspector at the

Financial Crimes Unit informs Keva, $$We have seen a lot of these recently; in fact we

just arrested a few guys last week for skimming cards.$$

That evening Lamont went home to his wife and said: $$This crazy customer Keva

Williams acted like a fool in the Bank, Apparently she is saying that charges made on

her account, some $$2,000$ in charges, she didn$$t charge, I don$$t buy it for one second.

She definitely trying to get one over the Bank.$$

On$/$or around November $2021,$ the Bank$$s Fees and Charges Schedule, incorporated

within the Bank$$s Terms and Conditions were as follows, having been amended on

September $2019$:

Charge VAT VAT INCLUSIVE

Withdrawal

Charge

$$2\mathrm{.}75$ $$0\mathrm{.}33$ $$3\mathrm{.}08$

Monthly

Maintenance

Fee

$$0\mathrm{.}00$ $$0\mathrm{.}00$ $$0\mathrm{.}00$

Transfer Fee $$8\mathrm{.}00$ $$0\mathrm{.}96$ $$8\mathrm{.}96$

Stamp Tax

Charge as

prescribed by

Government

As Prescribed As Prescribed As Prescribed

On Christmas Eve, Keva is in a fatal car accident and passes away. What rules should be applied and what issues may arise