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Can I file a lawsuit against a bank???

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smilinghawaiian

Junior Member
What is the name of your state? I live in Hawaii.

I started a small business: Smiling Hawaiians, Inc. dba Smiling Hawaiians Cafe'. I opened a business checking account with Bank of Hawaii. The bank also approved a credit flex account for $10,000 and a SBA credit line for $25,000 during the initial 10 months of my account history I deposited over $65,000 of my own funds to cover expenses to build and inventory my new cafe/restaurant. After about 6 months my company found ourselves a little short of cash so we filed an application for an extra $10,000 for our credit flex account, which was denied because we were told the company was still to new to extend anymore credit. A few months went by until the middle of November when my company inquired only if it were possible now to get an extension for only $5000-$10,000. The account representative was asked if she could find out in a couple of days so we would have enough time to find alternative financing else where if Bank of Hawaii could not help, so we could meet our expenses for November and December. Well it took a number of emails and calls to find out she actually was trying to get $100,000 instead of the initial $5000-$10,000 we were asking for??? She told me she made a mistake and would try again and ask for $50,000??? I was confused because I didn't ask for $50,000??? In the mean time I had to find alternative financing. Then I got a phone call from the bank manager and the account rep asking if I had gotten the co-signers for the loan??? When in fact I was not ever asked to get any cosigners??? The manager told me that my company had filed an application and that we had been turned down??? I never filled any application in November and was very confused and asked her to fax or mail me a copy of the application. When I finally received them it was the application my company filed in August/2006??? And was told that back in August the application was never submitted for a loan so they used that application to file for a new loan??? My company has never received any denial letter or reasons for being denied??? And now I am wondering how they could tell me my company was denied an extension in August when the application was never submitted??? And how can they use an old application to submit for a new loan??? I think that maybe it is because they know that I am disabled and cannot come into the bank to transact a lot of business ( I have MS and get around either via two canes/walker/wheelchair) so they must have thought they could get away with telling me anything to deny my application??? Other than that the Directors of the Corporaton all have good credit and don't understand the run around or the denial of a small amount??? Is there any type of recourse for my corporation against Bank of Hawaii??? What advice or referral can you provide???
Sincerely,
Warren C Pique
President
Smiling Hawaiians, Inc.
dba Smiling Hawaiians Cafe'
Kailua-Kona, HI 96740
808-326-2521
 


Debt Guy

Senior Member
Warren

I am not an attorney. My response is based on my background as an old banker.

In my opinion, this is just a processing foul-up on the part of the rep. It is unfortunate but I really don't see that you have a very good cause of action against the bank.

Can you sue? Of course. Can you win? I really don't think so unless you can show bad faith or discrimination on the part of the bank and be able to show how you were damaged.

Personally, I think you best bet is a sit-down with your banking rep or the supervisor. If you can't get to the bank, ask that the rep come see you.

If none of that works, you really should change banks if the service is so poor.

Maybe someone else will have a different idea.
 

Debt Guy

Senior Member
Mr. Unsharp

Who the hell are you? I see you posting criticisms of just about everyone but nary a helpful comment.

Give it a rest. You are not helping anyone. It you don't want to help, just go away and play somewhere else.
 

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