Jump to content

  • Tweets

  • Posts

    • Can anybody advise me please?   Been living in rented accommodation for over 11 years, old landlord who leased property with his shop has now left and so agents have become my new landlords, so gave me a new contract.   I'm really nervous as not sure what my rights are and could I get evicted as new contract says short term, 6 months.
    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
    • Sorry - need to put my glasses on!   I think you and the other posters have been at cross-purposes because they haven't followed what you are trying to argue.  You aren't arguing a fault etc with the car, you simply want to cancel it as a distance sale, and because the vendor did not provide the necessary cancellation information pre-contract in a durable medium, you are saying that you therefore have 12 months plus 14 days to cancel AND that the vendor has to pay the collection/recovery costs.   Although I understand that argument, I don't know if that's the best way to proceed or not.   I suspect not many people have tried to argue it with second-hand cars.  And that might be, for some reason I don't know, that it's a non-starter or it's too risky.
    • No, not all all.  It's up to them to prove you were the driver.  Well done in not telling them!   Remember in all this you are legally in the right.  Their parking fee was paid.  You're not trying to "get out" of something you owe.  They are in the wrong as far as the law goes.   So how about sending them something like -   Dear BW Legal,   cheers for your Letter Before Claim.   I don't earn owe your clients a bean, indeed your clients owe the driver of the vehicle who paid the parking fee - twice.  It is your clients' responsibility if the machines they buy second hand on eBay don't work properly because they're too tight to pay a technician to maintain them.   Your clients also gave me to no right of appeal or of paying a discount in contravention of their own industry's Code of Conduct.   You can either drop this foolishness now or your clients can get a good hiding in court, both are fine by me.  I fancy a winter holiday and I fancy financing it by an unreasonable costs order under CPR27.14(2)(g).   COPIED TO NCP   The reason i say to send to NCP too is because unscrupulous solicitors are well into their clients starting claims which are bound to lose, after all they get the £££ in any case.
    • appeal one has ref number showing other pix to screen removed please use PDF only     dx
  • Our picks

    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 4 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
      I’m literally at the end of my tether and don’t know where to turn next !
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

barclays refuse my fraud claim what next?...

Please note that this topic has not had any new posts for the last 3699 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts



my debit card, passport and phone were stolen in a busy area of london at night. it what i can only assume was a pickpocketing. however, several transactions occurred on my bank card. a 200 pound atm withdrawal and 2 card payments at what i believe is a newsagents. the total of it all came to just over 450 quid!! All of which occured within half an hour at around 4 o clock in the morning.


I cancelled all my cards as soon as i knew it was stolen and filed a fraud claim, and sent off the disclosure forms. The reply was that Barclays "when the card was lost that the pin was in the recognisable form." even though in the forms i mentioned the card was stolen and that i have never revealed or wrote down the pin.


Moreover, the account which the money was taken from was in its overdraft so, according to consumer credit act of 1974. The debit card acted as a credit token so i am onlynot liable for the losses right?? i obviously dont want to be liable for any!!


The FSA guidelines and its lending code suggest that the bank has to prove my negligence, and even then if the pin is revealed to a third party (which it wasnt) liability only extends to the 1st 50 pounds of losses. is this correct?


Now the bank are saying that becuase the pin was entered correctly on the first attempt. it proves that i was irresponsible and did not meet the conditions inder which the card was supplied and comprimised the security of the card. However, the pin could have been recorded with a camera at the cashpoint i used earlier in the night or "shoulder surfing" could have occured.


I have rung up the fraud department to ask if i can speak to someone who can help me further, but the call operator was not particularly helpful and seemed as though she was reading off a cue card. I was told to write a letter to debit card operations, and was wondering if anyone can help in what i have to say or write that would help me. i know the FOS is a last resort but the bank have no evidence to suggest that i made these withdrawals or cash purchases.


Just a bit of background, i am a 21 year old medical student and have been with barclays all my life and never before had an issue like this.


Any help would be really appreciated

Link to post
Share on other sites

Hi Kamin and welcome to CAG.


We've seen several cases here where Barclays have been unhelpful to fraud victims and cases have been unresolved for months.


Barclays are of course right to say that, if the PIN was used, they have to consider if you were negligent with the PIN. But if you say the PIN was not written down anywhere and nobody else knew the PIN, then it's reasonable to assume the PIN was noted earlier and you were then targeted by the thieves.


Was your a/c in an authorised overdraft before the fraud withdrawal. Were you still within your o/draft limit after the fraud withdrawal. In any event, I'm not sure this is relevant in the way you say - about credit token, etc.


Don't waste your time talking to the bank by phone - you will get nowhere. Keep everything in writing and keep copies of all letters.


I assume you already have letters from Barclays about this. Write to them briefly outlining the circumstances of the theft of your items and confirm the PIN has never been written down or disclosed to a 3rd party.


Ask if they have CCTV covering the ATM where YOU withdrew cash earlier or where the thieves withdrew cash later.


Have you contacted the police about this and do you have a Crime Reference Number. You should also ask the police if this method is one commonly used in that area - ie getting the PIN No. and then stealing your card.


A complaint to the FOS will be a lengthy process and they may well find in favour of the bank, despite the new rules put in place by the FSA last October. These said the bank should quickly refund a customer's money in fraud cases but the bank will not want to do this while doubts remain about the PIN No. being used.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING



                                            Have we helped you ...?  Please Donate button to the Consumer Action Group


Please give something if you can. We all give our time free of charge but the site has bills to pay.


Thanks !:-)

Link to post
Share on other sites

thanks for the help. i was in my overdraft before and after the money was taken. i'll write a letter explaining the situation and asking about surveillance and hopefully it will resolve things...

Link to post
Share on other sites

Hi Kamin,


My Q above was whether the o/d was within authorised limits both before and after the fraudulent withdrawal.


Do you have a Crime Ref No.


Have you asked the police if this is a common problem in the area where you were targeted.


This may take many months to resolve, based on other cases we've seen here.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING



                                            Have we helped you ...?  Please Donate button to the Consumer Action Group


Please give something if you can. We all give our time free of charge but the site has bills to pay.


Thanks !:-)

Link to post
Share on other sites

Hi K89


Slick offers sound advice, one additional point I would make is that the police will record as secondary incident only, Fraud act 2006 pretty much tied their hands with regard to financial institutions.

I'd get a secondary incident report logged at your nearest police station. Advise the reporting officer that you are unsure of the bank employees integrity due to the response received and ask them to call the fraud team member noted on your correspondence to verify the department they work in and their location....... if nothing else this will set their minds to the task whilst you prepare a suitable response to the bank.



Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...