got an email on Friday From the fos saying that they have a request from Barclays on how to ament the mortgage and I am to give them a further two weeks. From last Friday. A also replied to Barclays in regards to the sar stating that they have ten days left as the original sar was sent on the 8th July. And I also informed them that I want all data and failure to supply would result in court action.

Ok I will copy the letter word for wordthis is what they said to assist with your search please can you provide the following telephone numbers you called telephone number you called from date of call time of call staff member you spoke to please note we are less likely to be able to locate calls more than 12 months old and all calls are provide on cd if you are able to provide the above details send them to bla bla bla

Just got a response from Barclays regarding a SAR but I can’t seem to upload a photo on here any ideas?

The biggest problem I’ve had is my business has not been able to get any loans because they do a credit check on the directora and because of my credit file I haven’t been able to get one

By the way I’ve just sent the email. That you suggested

How lng do we have to wait for the sar to turn up?? It’s been two weeks I thinks it’s a month is that right. ?

I agree and yes the little paragraph does cover what the bank are doing but I need to tell them they are refusing to give me statements which I can calculate how much they owe me. ??

this is my draft In reply to your email on Friday the 18th of June. Firstly today I have received a letter from Barclays informing me that my monthly mortgage payments have gone up by £143 per month that when you calculate over the remaining term of the mortgage it equates to approximately 24k which is very near to the figure which was assumed by the bank to be my arrears. There was no explanation or calculation attached which I find hard to believe. So after contacting the bank and asking the adviser he confirmed that the bank had added on the amount to cover the arrears ( that don’t exist) so in reality I am going to pay the arrears twice. This below is what the ombudsman told your clients to do but unfortunately they obviously cannot read I quote From the ombudsman to Barclays My final decision is that Barclays Bank UK Plc should: · Restructure Mr A’s mortgage as if any arrears balance was added to the main balance of the mortgage and the arrears extinguished upon the inception of the mortgage set out in the mortgage offer dated 29 June 2019. · Amend Mr A’s credit file and any internal records in line with the above – so that any arrears were cleared upon inception of the new mortgage I have asked the bank on numerous occasions for statements in relation to the so called arrears and my overpayments Which add up to a few thousand pounds so I can calculate what is also owed to me. They are refusing to give the statements to me stating that because I have missed payments they do not have to supply them , I don’t believe this is right and is not in line with the banking code of conduct. The fact that your clients have only just woken up and instructed you is no concern of mine. It is simply a further demonstration of their poor attitude to the interests of their customers and also their disregard for decisions made by the financial ombudsman service. You refer to a "short delay" but I notice that you are unwilling to give any kind of commitment. Your letter is littered with "as soon as possible" and "in due course". But the ombudsman's instructions are clear. So are the courts powers under the FMSA 2000. There is nothing to consider no negotiation to be had and no compromises to be made - so why the delay? Because you have made me feel sorry for you I'll give you an extra week. If it was simply a question of money that hadn't been paid, I would agree. There would be no question of prejudice. However, we are talking here about damage to my credit file which has gone on now for well over a year and a half. Your clients may not care about their own reputation but I certainly care about mine. The damage to my credit reputation is totally without justification. It is unfair treatment not to mentioninaccurate data processing. It is continuing and your clients are wilfully exacerbating the problem. It's not clear to me whether they are doing this deliberately or simply because of their ineptitude. Do you know? I'm quite happy that you share these documents with the court. Especially your admission that your clients have only just now instructed you despite the fact that this matter has been ongoing for a considerable time. Frankly I would have thought that it would be in your client's interest not to reveal how slack their attitude and procedures are – but that's a matter for you. And incidentally, there will be no question of costs if you simply don't try to put any response or defence. The ombudsman's decision is binding and there'sactually no reason for you to get involved except to hold a dialogue with your client and tell them to get a move on. If your clients instruct you to get involved, then it will be completely unnecessary. This is not a contentious matter. There will be no need for an injunction if your client simply did what they were told by the ombudsman – which they will eventually have to do anyway. I'm preparing the form N322 to apply for an ex parte injunction as we speak. Legal proceedings for statutory breaches of FCA regulations and also the Data Protection Act will follow once your clients have complied with the FCA direction – whether they do it voluntarily or they are forced to by the court. So don't come back and say you didn't know about that either. Regards,

I have to slightly amend your reply to tell them that they have also tried to hood wink me by increasing my monthly payments to include the arrears. Which is totally the opposite of what the ombudsman has told them to do.

Yes two weeks ago

Ok they owe me overpayments on the account. But. Can’t find out how much because they are refusing to send me statements of the arrears that didn’t exist and I have that in writing with them saying that because i have missed payments they are refusing to send them. ( I haven’t missed any payments) on another note this has got to be the most useless bank in the U.K. they have just sent a revised payment for my mortgage which incorporates my arrears (that don’t exist) but with no breakdown. I know they have done this because I have spoken to Barclays member of staff who confirmed they had done that and he was surprised it wasn’t explained in the letter. Incredible incompetence. Fortunately I recorded the call.

I need to highlight the fact I cannot calculate how much overpayments that they owe because they are refusing to give me statements.

I will send the reply Monday that you drafted

Just got this from TLT Thank you for your email. We note your comments and of course hope to revert back to you as soon as possible but this may not be by the deadline you state. As we said in our previous letter, this firm was only instructed to act recently and so our client must be given a reasonable and realistic opportunity to investigate and respond. We do not anticipate such a short delay will cause you any prejudice. If legal proceedings are prematurely issued before our client has been able to provide its letter of response, we reserve the right to refer this correspondence to the Court on any question of costs that may arise in due course. We will be in touch. Yours sincerely

After reading that it sounds very difficult to take it further

Right in view of the 14 days expiration next week and the fact they will promised to call me back today. What proceedings to I issue?? Is it n233? And what do I actually say? Bearing in mind they have paid the compensation the ombudsman told them to but still owe me money and refusing to give me statements and take off the arrears notice on my account and with the reference agencies.

Letter sent this morning!! We shall see now.

Brilliant

Just got this Dear Sir Our client: Barclays Bank UK PLC Re: Your Letter Before Action dated 9 June 2021 We act for Barclays Bank UK PLC (the Bank) and have been passed a copy of your letter dated 9 June 2021, which is characterised as being a “Letter Before Action”. We write to confirm that our client is looking into this matter and the alleged issues with the credit file and your mortgage account. The Bank must of course be given a reasonable opportunity to investigate the issues and provide its response. We would therefore ask you to provide us with a copy of the “order” made by the Financial Ombudsman Service on 27 April 2021, so that we may take further instructions from the Bank – we will be happy to receive a scanned copy of this document by email to [email protected] Whilst we are making these enquiries, we ask that you refrain from taking legal action until you hear further from us. Please be advised that remote working conditions imposed by COVID-19 are affecting the Bank’s and our ability to receive, send, process, and forward post. Service of any proceedings Whilst we consider it would be inappropriate and premature for you to issue court proceedings until after the Bank has had an opportunity to provide its substantive response, should you decide to do so, we confirm we are authorised to accept service of those proceedings on behalf of the Bank. Generally, we do not accept service of documents by email. However, in light of the current COVID-19 pandemic, we are prepared to accept service by email in this case provided that documents are supplied in a readable PDF format not exceeding 10MB in size. We require any exhibits and/or attachments of over 100 pages to also be sent to us in hard copy They got letter from ombudsman on 27th April??

And I have the refusal of statements in writing!! They said that they couldn’t send statements as I had missed payments on my account which is totally untrue and no they haven’t put in writing about not knowing when things will be out right. It was on a phone call. They are ringing me back Friday so we shall see. The lady who was very apologetic say that it is with senior management now. But the 14 days to put all right runs out next Wednesday

I sent a sar ten days ago

Well today they paid the compensation but have told me they don’t know when they can put right the other stuff!! I have told them they have until the 14 days is up. Can’t explain why it took so long and why they are refusing to send me statements.

More important to make them squirm

What is that likely to be worth?? I want to take them for all I can

The ombudsman says the have never seen a case like this before !! There was 499 plus emails with total misinformation and lies. This has been very stressful causing me to after having open heart surgery to return to hospital with very high blood pressure. They have even tried to stop me having a mortgage holiday but the ombudsman stepped in. It was never ending. To this day I can’t get a loan personally or my business because of the marker that says I’m in arrears which I am not They recently even tried to put the arrears on top of my new mortgage, which had already taken into account the arrears which in reality wasn’t arrears because we had agreed to go interest only because of my illness