Barclays Taking Back My Refund After 2k+ was Taken From My Account!

[Altug]

Hey guys,

 

I hope everybody is well. I'll try to keep this as brief as possible.

 

I recently opened a savings account with Barclays and initially deposited an amount of 2100 to start it off. I was told that my card and PIN would arrive within a week.

 

Anyway after about 2 weeks, I remembered and noticed that I still had not received either my card or my PIN number - I didn't think nothing of it obviously assuming that my money was safe and that they'd simply forgotten to send it.

 

So, I called up Barclays and was put through to one of their staff and explained the situation. He told me, "Yes, you're right it appears the card hasn't been sent on our system" and asked me to go on hold. Which I did...for 25 minutes! So I got fed up and hung up. I tried once more and got through to a lady who apologised for me being on hold....and put me on hold! Again, another 20 minutes later so I hung up and thought forget it, I'll call again another time.

 

Called again 2 days later and got through to somebody and explained the problem. This time I was put on hold briefly and when the gentleman returned, told me that transactions had been made everyday until my account was emptied of the 2100 pounds!! He gave me locations and times that were all over the place! We established it couldn't have been me as I was working around 60-72 hours per week around that time and straight after work would hit the gym in a location nowhere near where the transactions took place.

 

Anyway, he apologised for the inconvenience and said that he was refunding the money but I'd need to fill out a form or they would take the refund back. He was a nice guy and although distressed I was happy with how he handled it. Anyway, I thought that was the end of it..Not so.

 

I got a letter yesterday saying that they were holding me liable and that the money would be taken back in 7 days!! This wasn't explained to me at all by the man on the phone and I just assumed this was the end of it! They said the card and PIN were used together and therefore it implicates me. Also that I didn't report the card for 2 weeks. (That is insane! I was working 60-72 hours a week and then going to the gym! The card wasn't even on my mind as I assumed my savings money was safe)

 

I looked at the FSA guidelines and what they're doing is basically wrong. They have zero evidence against me while I have every piece of evidence that it wasn't me! Also, the worst part is that since then my friends have decided on a holiday to Vegas and I thought why not, I didn't have money to afford it so I used most of the money from my savings account to book it and NOW Barclays are saying they are taking my money and if there is nothing in there that I will become overdrawn and incur fees!

 

This is totally ridiculous and I feel so stressed. This is going to affect my credit and everything if this happens. How do they get away with this? Is there anything that I can do? I have already written them a stern letter with all evidence and how they have given me no evidence at all.

 

Reading stories of the Ombudsman doesn't give me faith either.

 

How should I proceed after sending this letter?

 

Thanks a bunch for this

[BankFodder]

Barclays are a dishonest bank. We all know it and they know it.

 

They regularly ignore their statutory obligations.

 

If you go to the FOS it will take up to two years for an uncertain result.

 

If you go to the county court they will probably settle with you within 3 months or less or if they insist on going to court, you will probably win.

 

It is up to you how you want to go about it. Whatever happens, you should only use the phone with them if you are recording the call.

 

Write to them. Pint out their statutory duty under BCOBS and also refer them to the FSA guidelines.

 

Ask them if they have reported the crime and if so what is the crime reference number. Tell them that in the circumstances, they must suspect you of trying to defraud the bank and that you are available for interview by the police whenever they want.

They will ignore all of this, of course because they never contact the police - but get it all on record.

 

If you want to go to court then tell them that your letter is the beginning of the pre-action protocol and that if you do not have your money back in 14 days that you will sue them for it and also for breach of their FSA duty. Then sue.

 

Don't bluff - it doesn't work.

 

If you want to go the FSA route then just make your complaint in the normal way.

 

Be prepared for vindictive retaliation. These people are incapable of conducting a fair fight. they rely on bullying to get what they want.

[slick132]

Hi Altug and welcome to CAG

 

It's clear from the Lending Code agreed between the banks and the FSA that the bank must refund unless they have reasonable grounds to implicate you either for fraud or negligence (with the PIN). See here - http://www.lendingstandardsboard.org.uk/docs/lendingcode.pdf

 

The impact of this will be severe if they take back the money, so I suggest you speak to the FOS to see if they'll help urgently. They may say they're unable to assist urgently, in which case, forget them for now. Any ordinary help from them will take months !

 

If not, write to the bank saying that you will take direct action against them if they take back the refunded money as they are in clear breach of their own Lending Code. This will include County Court action using the BCOBs regulations but don't threaten this unless you're prepared to actually take them to court.

 

You need a list of all debits if you don't yet have this, so you can account for your location when withdrawals were made.

 

Alsao, ask Barclays if they're accusing you of taking the money and whether they've reported the matter to the police. You need to know where you stand asap so you can decide what to do for the best.

 

[Altug]

Thank you so much for the fast responses guys. I kind of wish I held off on firing off that letter to them now. I only threatened action with the Ombudsman and it seems like it may have been more effective to just take them straight to County Court from what I gather. However, I will get in touch with the financial Ombudsman to see if they'll see my case urgently.

 

I am totally willing to take them to court on principle alone. This is insane!

 

Thanks again for all of this info. I know exactly what to write in my second letter to them if I don't get a positive response from the first letter. (Which I'm assuming I won't!)

 

Best wishes everybody!

[slick132]

Hi Altug,

 

You can write a further letter saying that you were so annoyed about their attitude that you have since taken advice in the matter and are not prepared simply to complain to the FOS and, instead, you now realise that you have the option of taking direct court action unless they honour the obligation imposed upon them by The Lending Code.

 

[Altug]

You guys are amazing, thanks!

Can I just bother you all for one more thing, please? How do I go about starting county court proceedings? is there a link with information?

It has been around 6 days since they received my letter via recorded delivery and I have heard nothing back yet. Which means technically they may have taken my money back ..but they did say I could appeal so surely they should hold off until it is resolved? I'll have to check my account when I'm next out to see the balance.

I think Court proceedings will have to be the best way forward to get this resolved as quickly as possible..I really don't want my credit rating crushed after I've worked so hard to build it up.

[slick132]

Hi Altug,

 

Write to Barclays at the address from which they said they're holding you responsible. Send a copy to Barclays London HQ.

 

Tell them that, due to the nature of your dispute, you require that they locate and safely retain all available CCTV or video footage of each and every cash withdrawal made from your account during the period when your a/c was emptied.

 

Ask them, again, if they are accusing you of being involved in the withdrawal of the money from your a/c. If they are, whether they have involved the police.

 

Tell them, if they have not informed the police, you will do so immediately.

 

I suggest you contact the police in any event if you haven't already done so. The police may tell you they can't assist or, "It's a civil matter and we can't get involved." If this happens, do not be put off and insist that you speak to a more senior officer to report this criminal theft of your money.

 

You can't take any court action until :-

 

1. The bank have taken back the money from your a/c.

 

2. You have then written to them to complain about their action and the implied accusation that you are responsible. You could give them 7 days to respond saying, because of the nature of this dispute, you will direct court action against the bank if they fail to agree to a full refund within 7 days.

 

[Altug]

Thanks for that - That is very simple to follow I appreciate it.

 

Well, I checked yesterday and despite them saying I have the opportunity to appeal the decision, they've taken my money out so I'm overdrawn like 2100 pounds and I still haven't heard a response to my letter either. Absolutely disgraceful.

 

What are the steps to start court proceedings after the 2nd letter? Or shall I just cross that bridge when I come to it? Hopefully they return my money before it gets there because I really don't want my credit history effected!! Gonna call the police today and report it, also send them the letter.

[slick132]

Hi Altug,

 

If this is going to leave you seriously short of funds and unable to pay rent, mortgage, utilities, etc, I suggest you call the FOS now and make an urgent complaint seeking immediate action but particularly the refund of the disputed amount.

 

We have seen them intervene quickly in cases where Set Off has been used and your case here is similar. It's certainly worth a shot, despite our normal advice that the FOS is slow and biased towards the banks.

 

I assume the bank has failed to provide you with one shred of evidence which implicates you and it's important that you stress this when speaking to the FOS.

 

If you don't get the right response initially, demand that you are passed on to a senior staff member.

 

Bullet points are :-

 

• Causing you severe hardship and leaving you unable to meet your monthly commitments (if that's the case).
  
• Bank has failed to respond to your written complaint.
  
• Bank has failed to supply you with evidence to support their allegation.
  
• Bank has failed to follow the FSA Guidelines about account fraud and should refund to you immediately.