bank breached...

[venetian fire]

Hi Everyone,

 

I'm new to the site so please forgive if i flout any maxims or appear unseemly.

 

I need some advice rather urgently so if you can be of any help please reply.

 

I have a big issue with a major bank at the moment...

 

Both me and my father have an account with them and a short while ago he called up to transfer money between 2 of his accounts, only the bank took it from my account (without telling him it was mine!) and left me stranded wit £0 balance. They informed him on the call that he had 3 accounts and that as there wasn't enough funds in the 1st one to take it from the 3rd.

 

Now my dad thinking something was fishy wanted to know the account details so he could investigate it at his local branch, therefore , advisor gave him my account balance (aargh!), account number and sort code - where is the common sense? Anyway my dad said (in english) do not take it from there (as he had no idea what this 3rd account was) ...and they did anyway (without any of my security info etc). Well when i called the bank to tell them about my missing money all became clear...then spoke to dad who was livid when he realised how much money i've blown out my account - not good.

 

I was left stranded for several days with no dosh and the bank intially no offered no explaination 4 the mess/ promsied to call back etc then never did b4 finally sending a letter to say the reason for transfer was cos dad's a trustee!

 

After inisisting no such arrangement was ever made, let alone signed and suggesting it was fabricated in order to cover their bottoms they eventually admitted their daft mistake and are offering £200 compensation.

 

Thing is i'm way too mad, throughout this whole debacle all i've had is imcompentence after incompentence nevermind the plain stupidness and disregard. The stress, inconvience, loss of earnings and all the calls I had to make for THEM to clear up THEIR mistake does not tally up what they are offering. I haven't replied to them yet in response to their "final offer" and wanted to see what people here thought thought before i did.

 

Have they breached both their contract and my data protection? As i'm not happy what's the alternative ? Is it worth it or are they too slippery?

 

Please help guys,

 

xxxxxxx

[venetian fire]

Hi Everyone,

 

I'm new to the site so please forgive if i flout any maxims or appear unseemly.

 

I need some advice rather urgently so if you can be of any help please reply.

 

I have a big issue with a major bank at the moment...

 

Both me and my father have an account with them and a short while ago he called up to transfer money between 2 of his accounts, only the bank took it from my account (without telling him it was mine!) and left me stranded wit £0 balance. They informed him on the call that he had 3 accounts and that as there wasn't enough funds in the 1st one to take it from the 3rd.

 

Now my dad thinking something was fishy wanted to know the account details so he could investigate it at his local branch, therefore , advisor gave him my account balance (aargh!), account number and sort code - where is the common sense? Anyway my dad said (in english) do not take it from there (as he had no idea what this 3rd account was) ...and they did anyway (without any of my security info etc). Well when i called the bank to tell them about my missing money all became clear...then spoke to dad who was livid when he realised how much money i've blown out my account - not good.

 

I was left stranded for several days with no dosh and the bank intially no offered no explaination 4 the mess/ promsied to call back etc then never did b4 finally sending a letter to say the reason for transfer was cos dad's a trustee!

 

After inisisting no such arrangement was ever made, let alone signed and suggesting it was fabricated in order to cover their bottoms they eventually admitted their daft mistake and are offering £200 compensation.

 

Thing is i'm way too mad, throughout this whole debacle all i've had is imcompentence after incompentence nevermind the plain stupidness and disregard. The stress, inconvience, loss of earnings and all the calls I had to make for THEM to clear up THEIR mistake does not tally up what they are offering. I haven't replied to them yet in response to their "final offer" and wanted to see what people here thought thought before i did.

 

Have they breached both their contract and my data protection? As i'm not happy what's the alternative ? Is it worth it or are they too slippery?

 

Please help guys,

 

xxxxxxx

[saintly_1]

Hi and welcome to CAG

 

I would think about a complaint to the FOS a link to their complaints procedure is here our complaints procedure and how to complain

 

And I would also report it to the Information Commisionaire Information Commissioner's Office - ICO

 

Hope this helps

 

saint

[venetian fire]

Thank you 4 response Saint.

 

What i really want to know is how serious is this in general terms, to me it feels v. serious because it's caused me so much problems but in your experience or anyone else's, will FOS also think so.

 

I've been reading lots on this site but there's so much! and i haven't seen many instances of this kind of breach and/or the outcome.

 

Should I go to the small claims court or is that too soon? On some threads i've seen sample letters threatening legal action to the bank but that's to do with SAR or unfair charges.

 

Does anyone have experience of going further with something like this and what I can expect:?:

 

xxxxxxxxxx

[DoublesWhenDo]

Venetian Fire, if you are adamant on pursuing this then contact agencies advised by saintly.

 

What I feel you want is, and I may stand corrected....... more money in terms of an apology!!

 

Why don't you highlight all your 'issues', highlight all your 'losses', send them in a letter to the bank and tell them what you feel is an acceptable amount and see what they reply (send them an email, much quicker this time of year!)

 

I would think if they're offering £200, the 'MISTAKE' is quite a serious breach and maybe worth a try to get a bit more,

 

Merry Crimbo, DWD.

[venetian fire]

Thanks for the advice...but i still have more questions if you Doubleswhendo or Saintly or any other knowledgeable person should be so kind as to help:

 

1) If i'm not happy with the FOS outcome what next

2) I know this is a bit cheeky:wink: but got any good letter templates for this issue?

3) To those of you who have actually used FOS what should i expect, any tips? There are loads for fighting the charges etc. but can i apply them to this breach e.g. adding dealines/bundles/helpful legislation quotes etc ?

4) And (hardest of all) in your humble personal opinion - can i nail these guys for overall negligence? I'm so mad ...

 

...but i'm also realistic, and this has taken up enough of my time as it is so i need to weigh it all up

 

xxxxxxx

[Fred333]

I would be angry too. I hope everything works out for you.

[freakyleaky]

It seems to me that they have given out your information without your permission and therefore are in breach of the DPA.

I will ask for some more help on this and get back to you!

[freakyleaky]

You could make an official complaint to the FOS but it is doubtful they would award any more than you have already been offered you.

 

I suggest you take what they have offered and put it down to experience!

Good luck!

[venetian fire]

Dear Freakyleaky,

 

Firstly i must apologise for the thread as i posted the almost same thing twice (i'm new and misguided)

 

Secondly, please let my assure you that i appreciate your input but are you having a laugh:o :

 

"I suggest you take what they have offered and put it down to experience!"

 

I am under the impression that one can only put something down to experience if one has relative control of the situation mentioned. I did not. Your quote also indirectly implies that somehow i was at fault. I wasn't.

 

How would you suggest i put it down to experience - i don't understand?

 

Even with "experience" I will be still be mad if the bank c***s up as badly in the future as it has now.

 

It's NOT ENOUGH! for the problems they have caused me, I DID NOT SIGN UP FOR THIS - they have been both careless and obnoxious in nauseatingly equal amounts, in fact i would rather go to FOS if it means they would have to pay more in "damages" overall even if i get nought.

 

Freakyleaky, do you not understand where i am coming from? I had no dosh for days, i was up s*** creek wit my dad, arrangements had to be cancelled, the ben & jerry's put back in the basket, blah blah blah ..... (please get the idea).

 

I am restless with rage.....i want more ....much more ...............

 

I am a reasonable being, and as such I await an alternative albeit more understanding response.

 

Also plesse see my other post which has more detail of the issue.

 

xxx

[Bookworm]

2 threads merged, it's easier if you keep all related issues on the one thread.

 

The information you have been given is quite correct, IMO.

 

Bearing in mind that FOS has so far awarded at the most £125 for reataliatory account closure, I would think it unlikely they will award you any more than what the bank is offering you, so "much, much more" is very, very unlikely to happen.

 

Yes, they breached the DPA, yes, they messed up, but if you want to go down the court route, you will have to be able to show how much they have cost you in real terms, and claim that instead of the compensation they are offering you.

 

As for damages, this isn't the States, we don't have punitive damages here, and the judicial system here is set to put you back in the position where you started from, not better off. I fear that if the bank is offering you £200 and you refuse, then take them to court without a clearly quantified monetary claim, a judge could well decide that you are being unreasonable, so you need to take that into the equation too.

 

What seems to you such a huge deal is nothing exceptional by the standards we have seen in nearly 2 years in this forum, I myself have received a perfect stranger's statements on more than one occasion, DCA contact neighbours and parents on a regular basis, so whilst it may have landed you in hot water with your dad, I am pretty sure the bank would get away with a "mea culpa" and a contrite face, they might get a rap on the knuckles from the ICO -which they'll just shrug off- if you were to report it to them, and that's about it. Compared to leaving thousands of their customers' details in black bags outside the branches, your case is small beer to them.

 

So please don't have a go at FreakyLeaky for giving you the most realistic advice you are likely to get, it might not be what you want to hear, but it is reasonable advice.

[freakyleaky]

 

are you having a laugh:o :

 

I can think of many other things that I would consider as "having a laugh" other than spending time trying to answer your question!

 

 

 

Your quote also indirectly implies that somehow i was at fault. I wasn't.

 

I did not imply it was your fault in any way!

 

How would you suggest i put it down to experience - i don't understand?

 

Use this experience as a warning of how Barclays can treat people and Change banks!

 

Even with "experience" I will be still be mad if the bank c***s up as badly in the future as it has now.

 

But surely with your newly acquired knowledge you will not continue to bank with with them?

 

It's NOT ENOUGH! for the problems they have caused me, I DID NOT SIGN UP FOR THIS - they have been both careless and obnoxious in nauseatingly equal amounts, in fact i would rather go to FOS if it means they would have to pay more in "damages" overall even if i get nought.

 

Freakyleaky, do you not understand where i am coming from? I had no dosh for days, i was up s*** creek wit my dad, arrangements had to be cancelled, the ben & jerry's put back in the basket, blah blah blah ..... (please get the idea).

 

Oh I get the idea alright! Do you think that due to the Banks behaviour you are the only person ever to get into difficulties? Have a read around the forums on this site and you will see some real cases of hardship caused by the actions of the Banks!

As for being in trouble with your Dad, why would he tell you off for spending your own money?

 

I am restless with rage.....i want more ....much more ...............

 

I am sure you do but the fact is the likelihood of you getting much more is virtually zero! The bank have made you an offer that in all probability the FOS and any court would view as more than fair under the circumstances!

 

I am a reasonable being, and as such I await an alternative albeit more understanding response.

 

The response I gave you was an "understanding" response in as much as I understand the position the banks put you in did not cause you any life altering, life threatening, career damaging, relationship wrecking or long term financial hardship!

It is not the response you want but the only one you will get from me!

 

 

 

 

 

xxx

 

Any advice given by myself or any other member of the site is given freely and with the best intentions in mind! No advice given is ever intended to upset or annoy. But as we all know you can't please all the people all of the time!

[HSBCrusher]

thread title changed as requested

[rory32]

Thread closed at OP's request.