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CFO Drains my account ...... with Bank's Consent


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Something that continues to trouble me with the various banks position on this, how would they know if you had a payment outstanding with any other business without breaching the DPA?

 

If the conversation or correspondence is specific to 'this is an unauthorised transaction', what are they basing their intelligence on in regard to an outstanding PDL?

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Barclays are one of the worst for it. THey have the attitude of "we will decide what happens with the money in your accont. Not you."

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi AngryDover,

 

One point that you left out of your complaint is that the card from which the payments were taken had been cancelled due to fraudulent activity. Whether this makes any difference is, of course, another matter..........

 

I would keep all communications with the bank in writing only, so you have a good paper trail if needed.

 

If the bank calls you about anything, tell them you require their response in writing and make a note of the content of the call as soon as you end it, with a time and date.

 

:-)

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Hi Slick,

 

Many thanks for the input, They called me earlier to discuss the actions they will be taking...

 

it appears that bombarding them with regs and codes may have had an effect although I shan't hold my breath just yet!

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Well, It's been a week and I've heard absolutely nothing, except the usual letters demanding that I refloat my account immediately or they'll close it...

 

Not sure what to do with these now...

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i take it you have issued formal complaints? Next court of action would be legal action. First, send them a Notice before action letter, detailing what they have done wrong, and what you want them to do to rectify it. Address it as high as you can go.

 

Just remember, banks get letters threatening legal action all the time. If you choose this course of action, you MUST be prepared to go through with it if they still say no.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The bank or the lender?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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They are still governed by the terms in their credit license as well as UK law.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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So who do I complain to with regards to the Lender? FSA? FOS? OFT?

 

Just called the bank, and they've said they cant even find my complaint, even though I have a receipt for it... Getting really annoyed now...

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Complain to everyone you can. If the bank cant find your complaint, then you must issue a formal complaint with them about that too. Dont back down.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Finally.....

 

Spoke to the head office complaints team.... 10 mins later... All sorted. Transaction cancelled, money being refunded, investigation being carried out... Overall, a decent result!

 

Thanks for your support guys, Especially you Renegade!

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Congrats on the result. Can i give one more piece of advice, if this ever happens again, look for another bank to hold your money. You shouldnt have had to go through all this, and honestly, you should follow up those complaints you made with the lender, bank and regulatory bodies, even though you got the resolution you wanted.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi AD and big congrats on getting this sorted.

 

The banks need to learn that CPA's can be withdrawn at the customer's discretion. It's between you and the bank and not the payee !!

 

Thread title amended to reflect your win ! :whoo:

 

:wink:

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            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 !:-)

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Thanks for your kind wishes and help everyone!

 

If I can give one more piece of advice that I've gleaned from this nightmare, if the call centre oiks cannot/will not give satisfaction, especially with Barclays, go straight to the head office customer relations team and don't get fobbed off! Couldn't believe how quickly it was sorted once they were on the case!

 

Thanks once again everyone!

 

Phil

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  • 1 month later...

I'm afraid we may need to re-open this thread guys....

 

Got a letter from Barclays saying that as I have previous dealings with CFO they have decided to re debit my account... Wiping me out, AGAIN!!!

 

Any advise as to how to deal with this would be greatly appreciated

 

Thanks!

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I've been looking into how to fight this, I have given reasonable proof that I did not authorise the payment, so surely under BCOBS Section 5.1.12R They should refund? there's nothing that says, just because I had dealings with them previously they have to honour the payment...

 

 

"(3) Except where a banking customer has acted fraudulently, a firm must not, in an agreement for a retail banking service, seek to make a banking customer liable for any losses in respect of unauthorised payments where:(a) the unauthorised payment arises after the banking customer has notified the firm of the loss, theft, misappropriation or unauthorised use of the payment instrument;

(b) the firm has failed to ensure that appropriate means are available at all times to enable the banking customer to notify it of the loss, theft, misappropriation or unauthorised use of a payment instrument; or

 

© the payment instrument has been used in connection with(i) a distance contract; or

(ii) a distance selling contract other than an excepted contract.

 

 

(4) Except as provided in (1) to (3), a firm must not, in an agreement for a retail banking service, seek to make a banking customer liable for any consequential loss in respect of an unauthorised payment."

 

Any thoughts?

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Thanks Silly,

 

I'll definitely consider getting in touch with Stella Creasy, however, the more pressing issue is getting Barclays to sort this out once and for all...

 

I'm seriously at my wits end with Barclays! Surely, the "you've had previous dealings" statement from barclays means nothing? I stated clearly to them that I had previous dealings with CFO and that I had not authorised a Continuous Payment Authority for them. Therefore the bank should have refunded the money to me with no qualms... But then I guess that once CFO had my details for "the penny check" that was it...

 

I'd really appreciate any hints and tips for getting this sorted.

 

Thanks again

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