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.