Email to Mr. Michael Lauber, CEO, Ombudsman for Banking Services and Investments, OBSI

To date, the OBSI has acted to protect the financial institutions' interests against Canadian consumers. It is a lapdog, a willing partner to the dominant party in defeating legitimate complaints, even when it may result in criminal fraud investigations.

[…]

Please Decide or Defer
I would, again, ask that OBSI make a decision or transfer responsibility to the Financial Consumers Agency of Canada and the Office of the Superintendent of Financial Institutions by this May 13, 2005.

I am no longer interested in why OBSI is unwilling or unable to fulfill its mandate within a reasonable time. I am confident that the case history will speak clearly to unbiased evaluators.

Email to Mr. Michael Lauber, Ombudsman for Banking Services and Investments, OBSI

Mr. Michael Lauber, FCA, Ombudsman and CEO, Ombudsman for Banking Services and Investments
From: Mr. Andrei Oudovikine
Date: May 11, 2005

Dear Mr. Lauber,

My complaint regarding CIBC's refusal to provide documents and other bad faith violations has been under investigation by the OBSI for almost four months. The CIBC has failed for ten months to provide documents that I need to complete my income tax return.

On April 28th, we have explained to Deputy Ombudsman Weber all outstanding issues in a great detail and, once again, presented documentary evidence of fraudulent activity. I believe we have provided Mr. Weber with all the necessary information that he needs to make a decision.

CIBC has failed to produce the legally mandated documents to either OBSI or myself. These are the facts and have been the only relevant facts for four months now.

OBSI Bad Faith
Mr. Weber continues to choose to ignore law requirements and the OBSI mandate by ignoring the presence or absence of documents. He seems happy to accept CIBC's latest version of an increasingly bizarre and untenable case history. Weber condones the economic abuse of dominant position by not deciding in the face of CIBC's refusal to deal in good faith.

These actions cast a pale of bias on the Office of the Ombudsman for Banking Services and Investments. By sanctioning CIBC's irresponsible and illegal behavior, the OBSI is painting itself with the same bad faith brush.

Mr. Weber also mentioned that he had discussed my case with you and that you were in agreement that it constituted little more than a "he-said, she-said" dispute. Given the rock-solid and substantial documentary evidence provided by me to OBSI, this dismissive tone goes to the heart of the reason why OBSI exists.

To date, the OBSI has acted to protect the financial institutions' interests against Canadian consumers. It is a lapdog, a willing partner to the dominant party in defeating legitimate complaints, even when it may result in criminal fraud investigations.

OBSI Sanction
The greatest difficulties we have had have been with the CIBC Ombudsman Office (i.e. privacy violation, bad faith, threats, intimidation, refusal to meet, refusal to deal). Mr. Weber informed me verbally that the CIBC Ombudman's Office was exempt from review by OBSI.

Please tell me why they are exempt from OBSI review as I have not been able to find an explanation or mention of the policy within the consumer material about the banks' complaint process. Do you see that by not disclosing that policy, upfront to consumers, OBSI misrepresents the "chain of accountability" within complaint processes and may encourage bad faith bank actions?

We believe CIBC ombuds staff behaves badly because they know OBSI will not sanction them and, therefore, condones their actions. Find below a copy of a letter that was sent to Mr. Weber on May 3rd asking for him to make a decision. I have yet to receive a reply.

Please Decide or Defer
I would, again, ask that OBSI make a decision or transfer responsibility to the Financial Consumers Agency of Canada and the Office of the Superintendent of Financial Institutions by this May 13, 2005.

I am no longer interested in why OBSI is unwilling or unable to fulfill its mandate within a reasonable time. I am confident that the case history will speak clearly to unbiased evaluators.

Sincerely,

Andrei Oudovikine B.Eng
416-219-6576

Mr. Andy Rapoch
Financial Consumer Agency of Canada

Mr. Nick Le Pan
Office of the Financial Institutions of Canada

Les Stewart
Canadian Alliance of Franchise Operators
705-737-4635 Tel
ten.ofac|trawets.sel#ten.ofac|trawets.sel
www.cafo.net


Email to Mr. Weber, Deputy Ombudsman, Ombudsman for Banking Services and Investments, OBSI

Thank you for your quick response informing us of your questions to CIBC.

However, I am very disappointed and frustrated by the delay. Is it reasonable to rely on one contact person's vacation schedule when we are dealing with such a large financial institution? This reason appears to be very insincere. This case was under your review for over a three months.

Double Standard
Apparently, CIBC is not taking the OBSI investigation seriously at all. When you ask us a question or request some documentation, we respond in a matter of hours or even minutes.

Also, every time you or I ask CIBC to present copies of loan documents (all of which CIBC had to create and maintain according to the law), CIBC delays responding, refuses to deal or creates highly improbable new stories. Now they simply go on holiday.

CIBC and OBSI has all the time in the world for this process. If the CIBC is engaged in a war of attrition, the OBSI is acting as a loyal and subservient ally.

Documentary Evidence
Quoting your own rules, I stress once again, that this investigation is about CIBC failing a well established process based on the documents, not heresy evidence.

You confirmed during our meeting that CIBC has not provided you with any documents that we have specified. You have received testimonies of Sue Fedorink, Sandra Fitzgerald and Jeff Brown. They all confirmed that no documents existed and that they failed to follow the process.. You said in your March 15, 2005 e-mail that CIBC has provided you with their complete file.

Based on the documentary evidence, it is clear that CIBC has failed to create or maintain the mandatory documents as required by the Financial, Regulations and Guidelines. Because of this failure, CIBC has violated the Bank Act and the Personal Information Protection and Electronic Documents Act.

An OBSI Decision
Please perform your duty and write your report.

I urge you to make your decision regarding process failure based on the documents you have already received. At this stage, any CIBC "Hail Mary" documents must be viewed to have very little credibility.

After waiting ten months, we are not interested in CIBC's bad faith delay tactics any longer and we will insist you not collaborate with them any further. We believe we have been more than patient, forthcoming and honest. If CIBC is engaged in a war of attrition with my family, I can state clearly that the OBSI is no ally of mine.

If you continue to favour CIBC by accepting their insincere excuses, we believe the OBSI investigation and subsequent decision will, upon review, be seen to be tainted and bring disrepute onto the financial institution industry.

Please advise the date when I can expect your decision.

Mr. Andrei Oudovikine .B.Eng

cc:
Ms. Susan Kadis, MP
Thornhill

Hon. Ralph Goodale
Minister of Finance

Mr. Andy Rapoch
Financial Consumer Agency of Canada

Mr. Nick Le Pan
Office of the Financial Institutions of Canada

Mr. Les Stewart
Canadian Alliance of Franchise Operators


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