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About Havelaar

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  1. Hi It is not really in dispute - as I have audio recordings of barclays conceding the account remains incorrect 2.5 years on. This individual, whom i believe to be misleading (personal opinion based on evidence gathered) then made numerous contractual agreements with me, but then misled me repeatedly that he had implemented these when he had not. It's the fact they have a staff engaging in misconduct but you cannot report it that gets to me. He is in the complaints dept. So if i complain about his misconduct - it ends up on his desk! He already informed me he is dealing with another of my complaints. Anyhow I am now looking in to handing my evidential pack over to their anti corruption unit- although it has taken forever to actually establish that they have one! I don't want to go via small claims as the fact is, barclays will have expensive barristers to throw at me and they will know all the tactics and legal games to play. Meanwhile - i still cannot make overpayments. That is my priority, i just want a competent manager to deal with the misconduct and correct my account, but apparently that is impossible. I actually tried to post separate threads about this but they keep getting merged.
  2. Hi I actually wanted to start a new thread as there are different aspects and it's v complex. This original thread is not really relevent anymore since FOS failed to instruct barclays to correct my account. The latest is that a staff member made contractual agreements with me but lied continually and failed to implement them. I have audio and hard copy evidence of lying
  3. My complaint sat with FOS for 2 years. The issue was false accounting by barclays who failed to credit my mortgage with several thousand pounds in overpayments. Adjudicator was inept and useless. Failed to understand facts and simply relayed whatever barclays told him back to me- eventually it went to an ombudswoman who also failed to get her head around things. Barclays consistently refused to provide answers and she got worn down so simply told me the bank had corrected my account and then closed the case. I had no idea how [edited] this organisation is so i believed her. Once the case was closed, it emerged there were NO corrections made and FOS refuses to revisit the case "because it is closed". i got the case files under a subject access request and it shows how month after month they email barclays and the bank simply failed to respond - FOS has no power to do anything. Filed a complaint with the "iNDEpendent Assessor" who sits in the same building as FOS and really is part of FOS, appointed by FOS. But first she fobbed me off 3 times. Now tells me they don't investigate incompetence, just admin failures. OK! Meanwhile my account remains incorrect 2.5 years on and there is nothing i can do about it. Barclays says "it was dealt with by FOS" and refuses to discuss it. In short - all these establishment organisations are as [edited] as each other, they collude and cover for each other. I should have known better. It is no wonder these banks behave the way they do - they are untouchable and they know it and there is not a thing you can do about it, little consumer.
  4. Hi All I have documentary evidence that a senior barclays staff member lied to the Ombudsman during an investigation - as a result the case was closed without resolution and FOS refuses to revist the case. Also have audio evidence of the same individual lying to me on the phone repeatedly. FCA does not want my evidential pack Original complaint relates to false accounting by balrclays who failed to credit my mortgage acc with overpayments in 2013 - they actually claimed the balance went up! I am exhausted by the whole thing, it is making me ill and has ruined my retirement plans as I am now in my 3rd year of being unable to make overpayments as the balance remains incorrect. Roped my MP in and he wrote to them once, but his office never responds to emails and it impossible to get hold of. No lawyer will take on the case as they say the legal fees will outweigh my losses. I also filed a separate complaint about the Ombudsman as they should have been more thorough in checking what the staff member told them. Can baking staff really be untouchable? This is misconduct in my book but no one is interested. Several months ago i emailed every media outlet going, inc BBC watchdog and no one responded. Any ideas on where to go next. I just want the account corrected and to be able to resume overpayments. BTW the (edit) staff member is in the complaints dept!!!
  5. No, i don't believe so, not my "actual" losses. However as a result of their incompetence/false accounting I have been prevented from making at least 10k overpayments, based on my pattern of overpayments before they started their bullsh*t
  6. No, because they refuse to provide statements. Obviously the amount is going up all the time as long as the balance remains incorrect. I got no response to my deadline for receiving the info yesterday. I guess i could do a subject access request for a statement but they will charge me for it and it's INSANE since they were told to provide it by the Ombudsman Saying that, there has been clear collusion between Barclays and the Ombudsman
  7. BTW - the bank HAS breached the settlement, as I keep saying. They were to provide a full statement but they refuse to do so. The first issue is they refuse to provide the statement as per binding settlement terms Second issue- the account remains incorrect whether or not they provide statement (thanks to ombudsman's incompetence) but I need the current statement to see how much i am owed
  8. Hi all The SAR wont solve the problem as it will just show the account balance is incorrect. I am not looking for money on the settlement, i just want them to correct the account The Ombudsman procedure is a total farce; they are just as incompetent as the bank. Getting them involved made it far worse. So banks can steal your money and there is JACK you can do about it. This is really detrimental to me- i have made no overpayments in 2 years because i dare not with an incorrect balance and Barclays' ability to steal my money and then claim the balance went up! It's insane. If anyone has ideas on how i can get this story highlighted in the media i would be grateful - it think it's the only way the bank might correct the account. First i was screwed by Barclays, then screwed by the Ombudsman
  9. Hi all I already wrote to John McFarlane CEO and gave a deadline of tomorrow noon for receipt of the statement. Very much doubt i will get a response. Thanks to the person who mentioned the law firm in Brighton, the contact is not there till next week Sorry but i don't understand the posts about "SAR the FOS"? A Sar is what a bank submits to the UK FInancial Intell Unit if a transaction by a customer is deemed to have links to money laundering. The agreement was one of those standard forms you get from the Ombudsman where you sign to say you agree the terms. Shall I email a copy of the letter i sent the CEO to Michael Roemer as well? To the poster who suggested i should just push for Barclays compliance with the terms ie providing the statement. Unfortunately that won't solve the problem due to the cock up made by the Ombudsman- the account remains incorrect regardless of the statement they (won't) provide as part of the settlement terms To solve the issue, i need them to correct the account and refund me whatever i have overpaid on interest, obviously that goes up every month the balance remains incorrect. After fighting this for 2 years i feel the only way is through a law firm - there is a great deal of political mileage for any firm that takes it on, especially in the current climate where the banking sector has an awful reputation in terms of poor ethics and the govt is allegedly looking to clean it up
  10. I agreed it on the written advice of the Ombudsman, which states: the account is now correct. Ergo, I agreed it on the basis the account had been corrected. The Ombudsman Service appears to be in the pockets of the bank- I had no reason to think the Ombudsman would lie - the whole thing is highly irregular and stinks to high heaven Any ideas on where i go from here would be welcome
  11. Hi all, thank you for your interest As stated in the original message: The Ombudsman told me the account had been corrected. This was stated to me in writing. On that basis, since I had no reason to doubt her, I accepted the settlement terms which were a nominal payment and a detailed statement covering 2 years, showing exactly what they had done with the money. Ombudsman wrote "the account is now in order", implying the statement was just a formality to show it was now correct. Barclays failed to comply by failing to send me the statement. Reported it 3 x to Ombudsman who says they have no power to enforce and I now need to sue the bank. Evidence recently provided by the Ombudsman- as outlined in my original post, would indicate that the account is still incorrect and that I continue to be overcharged on an incorrect balance. Hope that is clearer?
  12. I am appealing for advice in this case in which Barclays has failed over a 2 year period to put right errors on my mortgage account and now refuses to abide by the binding settlement terms. To confuse matters, the Ombudsman provided misleading information which led to me agreeing the terms and the complaint being closed while the issues are unresolved. Ombudsman has now washed its hands of the case and told me I need to sue Barclays. The Financial Services and Markets Act 2000 (FSMA 2000) makes an Ombudsman’s decision legally enforceable in court, but I can find no solicitor to take on my case on a no-win-no-fee basis and I am not in a position to incur legal fees. It is an obvious winner with loads of political mileage for any law firm. I assume I need to sue once for the statement which they were supposed to provide under the settlement terms and then again later for my losses- which I can only work out once I see the statement. The complaint relates to Barclays’ failure to credit my account with several thousand pounds of overpayments, even claiming the balance had INCREASED after said overpayments. This was my 3rd consecutive complaint regarding Barclays’ mismanagement of the same account. Under the settlement terms finalised 2 June 15 by the Financial Services Ombudsman, Barclays was to provide “a full breakdown of my (mortgage) account from June 13, showing when each overpayment was applied and a clear and accurate explanation for any amendments made to the account”. Barclays has failed to provide the above documentation, but not before lying to the Ombudsman claiming it had! A misleading letter from the Ombudsman claimed the account was now in order (Dec 14) and I thus agreed the settlement terms, which included a nominal payment (which the bank has made). However, the documentation that Barclays was to provide is obviously central to the complaint, particularly since I now have documentary evidence proving the anomalies on the account have NOT been corrected by Barclays. This may be why the bank now refuses to provide the documentation. This documentation was only made available to me by the Ombudsman AFTER I had agreed the settlement terms, believing the account to be correct, and AFTER Barclays had failed to comply. The Ombudsman provided me with documentation the bank provided to it during the course of the investigation, including a calculation (not a statement) which states “this calculation has been provided to assist with the resolution of the complaint”. This documentation does not tally with an independent audit of the account I was obliged to fund. The document makes it clear NO remedial action has been taken, ie it contains a heading “steps required to rectify the account” as opposed to “steps taken to rectify the account”. Nevertheless the Ombudsman told me in writing the account had been corrected! The document is virtually impossible for a layperson to understand and abruptly ends March 14, giving no clues to the current balance and states “the balances shown on this calculator do not represent the actual balance on the account”, so the information is of little use, hence the instruction from the Ombudsman that Barclays provide me with “a full breakdown of the account from June 13, showing when each overpayment was applied and a clear and accurate explanation for any amendments made to the account”. So I have no idea how much interest I have been and continue to be overcharged by the bank on the incorrect balance I was a diligent overpayer until Barclays mismanaged the account. Based on my previous pattern of overpayments, I have been prevented from overpaying at least 10k to date. I have written to John McFarlane CEO asking him to ensure his staff provide the documentation as per the binding settlement terms, to clearly show how much interest I have been overcharged, what steps have been taken to correct the account, and what the correct current balance is, however, it is highly unlikely I will receive a response based on the bank’s attitude thus far. The FCA said they could not assist. I wrote my MP who says he has written to them but won’t show me a copy of the letter. I made a formal complaint about the Ombudsman, but that won’t rectify the account issues. I contacted BBC watchdog and various consumer columns and got no reply. I guess no one dares take on the establishment. I have posted on Barclays FB page and would now like to post the above letter online as widely as possible – any ideas as to where and how would be appreciated. Also any advice on where to find a law firm to represent me on a no win no fee basis would be appreciated.
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