Barclays withdrawing verbal confirmation that are taped

[bountybart]

I signed in Barclays bank on 26/09/08, without any paperwork, a 3 year fixed mortgage of 5.99% (remortgage - I have been with The Woolwich (now Barclays) for 4 years). I was assured paperwork would be sent to me. I have still not received any correct paperwork (23/11/08). One week later 3/10/08 I called Barclays mortgage consultant and asked if I could cancel and revert back to 0.95% (remaining on my mortgage after my 2 year deal). I was verbally assured by my mortgage consultant who actually works for Barclays that application had not gone thru (she advised me she had spoken to mortgage processing dept and they also confirmed to her application would be cancelled) and I would revert back to 0.95% above BBR for balance of 8 years. On 14/10/08 I received letter from Barclays advising I could not cancel unless I paid 3% of balance. This was not mentioned at all to me when consultant gave me confirmation of cancelled application. I called mortgage consultant who then advised me that the letter was not correct and she put in complaint on my behalf on 16/10/08. At that time I also received letter advising I could apply for 0.74% above BBR as already a customer. I did not take take this offer up as I trusted my consultant with her confirmation that I was on 0.95% - I also advised her of this letter. I thought no more about it as I thought I was on 0.95%. I never received any confirmation of complaint. It was only on 6.11.08 I found out thru speaking to said consultant about another issue that she advised complaint was still being sorted. I have now received answer from complaints dept advising she 'was wrong to give that confirmation of cancellation' and I have to pay 3%. H e also advised that 'he would be speaking to the consultant and the processor to advise them of their errors'. I know calls are taped and I have spoken to complaints dept to advise that 'as I was verbally assured everything was cancelled,- I have now been financially compromised' as I could have taken up another offer ( the available 0.74% tracker). I also advised that I was not interested in their internal problems and my complaint should go to level 2. Surely if calls are taped, and therefore my case can be proved - then I have a case for misrepresentation/financial loss? All I want is what I had confirmed to me on 3/10/08. I also advised them that a verbal agreement was as good as a written agreement if it could be proved - it can because of taped calls. Barclays advise I am a victim of human error and that is that. Could you please advise what I can do now.:-x

[davethorp]

If there are recordings of calls a SAR can be used to obtain them if need be

[MARTIN3030]

Under the data protection act,a data controller can refuse a request to furnish if the request is not specific.

I suggest that you add the following;

 

(i) Transcripts of telephone calls of conversations between myself and ..................

Screenshots that show the above will suffice.

I understand that there may be a requirement for you to exclude the actual names of individuals,within any screenshots.

The data I require which relate to such calls,being;

 

Dates; ..................................................................

 

 

You should be reasonably specific.Merely saying "All calls made in 2007" is not specific,and while they MAY supply it,they have no obligations to do so.

 

Hope that gives you some ideas.

[bountybart]

Thanks for the info Martin3030. Because I insisted last Monday 17/11 that this complaint be taken to level 2, I called the complaints dept today to ask for copy of complaint my consultant sent on my behalf and also had they listened to tapes. I was advised by a very miffed man that it takes time to locate tapes and 'he would get back to me when this had been done'. I then asked why they did not speak again to the mortgage consultant to confirm our conversations. He replied that 'they have to listen to the evidence themselves'. Coincidentally I also called my mortgage consultant last Monday and left message on mobile asking for said wording of complaint. She always calls back within 2 days but this time I have received no return call. Should I ask for what you have advised or should I wait for the outcome:?: