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Barclays - Cleared funds and unpaid standing orders


Legal Eagle2
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I am starting a battle with Barclays to obtain a missed mortgage payment in excess of £2,000.

 

In short, I have a standing order to pay the mortgage dated 15th every month. This was my pay date. Since leaving work, I physically transfer the money from Barclays saving account to Barclays current account on line.

 

Last month, 15th was on a Monday. Approx £5,000 was transferred into my account, but Barclays had looked at my balance as at cob on Friday 12th. This balance, whilst overdrawn, was within my reserve. Barclays decided to make certain other payments including an internal transfer to my savings account, and NOT make the mortgage payment. It recalled the paid out standing order.

 

Interestingly, I was not informed of the STO reversal, either by phone or by letter - i.e. advising me of an unpaid STO. Further, my bank statement from Barclays shows the reversal as a 'correction'. The text beside this 'correction' states that Barclays apologises for making an error on my account and that the error has been corrected.

 

I was first advised of this issue when contacted by my mortgage company. I immediately called Barclays, and the online banking team confirmed in no uncertain terms, that the payment was infact made, and that was what the 'correction' related to. On calling Barclays later on in the same week, and spending two hours on the phone, it was determined that:

1) Barclays made a banking error;

2) the payment was not made. I had been given incorrect advice;

3) Neither the premier banking team nor the online team could see any

corrections on my account or statement;

4) Nobody could understand why I had not been charged for an unpaid

STO; and

5) Nobody could provide a reason why the STO reversal had not been

communicated to me.

 

I am seeking the reimbursement of the full month's mortgage payment as I spent the sums believing that the payment was made. I believe Barclays will seek to hide behind clause 4.9, or their general discretion to make anypayments that it feels fit. My major agrument however, is that I was not informed of this reversal as is standard practice, which would have promted me to make a manual payment to my mortgage provider.

 

Any thoughts??

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If you spent the amount of the mortgage payment then you do not have a case for them paying you £2000.00. You certainly have a case for compensation for phone calls, inconvenience and I would add that they shoule be made to write to the mortgage provider to make them aware of their mistake and that it was not as the result of your lack of funds ie your reputation for paying on time remains in tact.

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FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi LE2 and welcome to CAG.

 

I agree with YB. The bank's liable for your out of pocket expenses and you should seek compensation for this and for their failures.

 

But, if you try and get the £2K from them as well, they won't take you seriously. That is your responsibility.

 

They should defo have notified you promptly about a DD not being paid, or your a/c being out of order, so that you could have addressed the issue and rectified it.

 

You should be compensated for the consequences of their failure, but not to the tune of £2K. :(

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