Barclays "FAUX PAS"

[JGJ]

Hello all,

A very close family friend has had a problem with the bank,

 

1) Allowing a pay day loan company (Cash Genie) to withdraw from their account, multiple sums of monies in an overnight sweep, taking several hundreds of pounds. They have absolutely "no financial" connection with this company. How can this happen??

 

2) Duplicated the same amounts of payments to, two "bona fide traders" again several hundred pounds went out of the account. All of the withdrawls and duplications were made over the same night some 3 days ago.

 

They went to their local branch and spoke to a not very helpful manager, but they did have some of the monies returned to the account. Unfortunately the account has now been frozen for at least 14days and it has all of their monies for other commitments frozen and it is causing them extreme stress both financial and mentally.

 

Surely the bank must pay compensation for their "B***S" up and how on earth can they pay out to a company with no financial ties or agreements to collect from their account??

 

I have told them to at least close the acc with barclays and open acc with another bank, what further action can they take to bring this fiasco to a swift conclusion and what recourse will they have to seek compensation from the bank.

 

All information/comments will be as usual gratefully received.

 

"EXEMPLO DUCEMUS"

[BRIGADIER2JCS]

They should follow the procedure of a formal complaint to the bank immediately if they are seeking redress, they must exhaust the banks complaints procedure first.

 

Have a look through the forums for BCOBS.

[JGJ]

BRIGADIER2JCS,

 

Thank you for your swift reply, it is greatly appreciated.

Will we send the formal complaint to Barclays London address or the local branch.

 

"EXEMPLO DUCEMUS"

[BRIGADIER2JCS]

London

[slick132]

Hi JGJ,

 

Before lodging a formal complaint with Barclays London HQ, you should read the FSA Guide here, in particular, page 16 - https://www.google.com/url?q=http://www.fsa.gov.uk/pubs/consumer_info/know_your_rights_guide.pdf&sa=U&ei=d9fpUJvFGsmT0QH64ICwCQ&ved=0CA0QFjAC&client=internal-uds-cse&usg=AFQjCNHGgRDXGo4KzUdUdquZez9kZavuVw

 

You should contact the local branch and demand a full and immediate refund based on the FSA Guidance.

 

If they fail to refund as required and the matter is causing any problems or hardship, you could also call the FOS and ask them to urgently intervene.

 

If these two options fail, you should only have lost a few hours before writing to B's HQ.

 

If any consequential financial loss is incurred as a result of these transactions on the a/c (like charges made by a third party because of any failed or late payment) you should demand compensation from the bank. Keep records to prove any such losses.

 

[JGJ]

slick132,

 

Thank you for your advice it is greatly appreciated.

 

"EXEMPLO DUCEMUS"

[JGJ]

Hello all,

 

NOW I understand why "BARCLAYS" Bank is top of the complaints list and has been voted, the "WORST BANK IN BRITAIN"

They "BARCLAYS" have, for whatever reason is ailing in their systems, duplicated and done exactly the same as in my post #1, (1) and (2)

They have completely stripped the account of monies totalling almost £1000, leaving my family friends with £0. for other commitments, food etc.

 

Apparently upon the first complaint at the branch some monies were reimbursed but the account was frozen, pending investigation, with forms supposedly sent to the branch for perusal and completion, also forms to the home address of the family friends, for perusal and completion. Neither of the forms was received by the branch (faxed) nor at their home address. (Royal Mail) On requesting and notifying Barclays to close the account they were told the account will not and cannot be closed until the said forms were received at fraud investigation.

 

Unfortunately due to another error by friends employer, monies (salary) was paid into the old Barclays acc. and not the new account with Nat West.

 

Barclays have done exactly as at post #1 and paid the same people with whom they have no financial connection with totalling £1000, again leaving them with £0 for other commitments and living costs.

 

Having armed them with info re BCOPS and FSA rules/regs, they again went to branch this morning and received, a lot more help and assistance from the duty manager, who has stated that it is a total disgrace what has happened to them, and after 3hrs of faxes and tel calls to Fraud Investigation, the manager has succeded again in the return of all of their monies and charges incurred re their (BARCLAYS) "FAUX PAS" (Now in Nat West acc.)

 

Obviously a formal complaint will now be sent to BARCLAYS London, as I am sure they, my family friends, must be due to some form of compensation, apart from the returning of "charges" etc re these most stressful events, which have had a great deal of impact upon them, both financial ( having to seek financial assistance from relatives) and mental stress.

 

All advice/comments will as always be gratefully received.

 

"EXEMPLO DUCEMUS"

Edited January 26, 2013 by JGJ

[slick132]

Hi JGJ,

 

1.Was a full refund given for the money taken during the first incident.

 

2. In the more recent incident, was the money taken from the old a/c after it was incorrectly funded by wages being paid to B's instead of to the Natwest a/c.

 

If so, then there is perhaps some fault with the employer. However, Barclays enabled the PDL to take more money which, considering the first incident is still not fully resolved, is ridiculous - Barclays should have placed a marker on the a/c to stop all transaction and PARTICULARLY any calls for funds from the same PDL.

 

It looks like you have the current situation under control with the money refunded but it beggars belief that all this can re-occur so soon after the first occasion.

 

I suggest you put the whole, sorry saga into a bullet-point chronological list setting out the main events.

 

List any consequential losses incurred which have not been repaid by the bank.

 

Also, add up the time spent in dealing with both incidents and claim this at £18 per hour (being the rate one can claim for time spent dealing with matter relating to litigation).

 

You should then claim an amount for the considerable stress and inconvenience caused, particularly in view of Barclays initial failure to refund promptly and stop further funds being taken wrongly.

 

I'll flag this up and see if it's a possibility to also seek compensation from the PDL, considering they did this, not once, but TWICE.

 

Wait for me or other site team to come back before you make your next move.

 

[JGJ]

slick132,

Thank you for your reply and advice.

In answer to your questions.

1) Yes after discussions and numerous tel cons over several days with Fraud Team and input from local Branch Manager.

2) Yes monies were again paid from the old acc totalling £1000 ish, Barclays decided to re send all the monies to the PDL co Cash Genie, simply because the missing forms/fax had not been received by the Fraud Team.who blames Royal Mail for non del.

 

"EXEMPLO DUCEMUS"

[slick132]

Response from Bankfodder :-

 

Well I think that you are right to ask them to list it all out in a chronology.

 

They also need to set out all their losses in terms of money, time and stress

 

It would be a good BCOBS/breach of contract case - but the problem is that the situation is mainly sorted out now and most people won't want to go to the hassle - more's the pity.

 

The £18 per hour only applies if the case is on the fast track, or multi.

 

I doubt if they would get more than £1000 or so damages and less if they went to the fos.

 

I think that the real issue here is the fact that they froze the account. I think that this was the most serious breach by them and although I would list all of the other failings in a POC - it would be the freezing of the account I would focus on.

 

I would sue for losses plus a sum not exceeding £2000 in the discretion of the court.

 

[JGJ]

slick132

Bankfodder

Thank you as usual,for the excellent advice/information.

 

I will inform family friends and await their decision re further actions.

 

"EXEMPLO DUCEMUS"

[JGJ]

Hello all,

 

Well after waiting 6 months for the FOS to investigate the complaint, as Barclays issued their Final response and of course would not move forward, the Bank have offered

to pay as a Full and Final Settlement of the Complaint, the princely sum of £50, are they extracting the water or what?

They did of course pay back a £36 for another one of their Faux Pas.I have no doubt the family will reject this derisory offer.The FOS have given them 2 weeks to consider the offer.

 

All further advice/info will as usual be gratefully received.

 

"EXEMPLO DUCEMUS"

Edited July 21, 2013 by JGJ
ADDED TEXT

[slick132]

Hi JGJ,

 

Well this is what we've come to expect from the FOS.

 

If you want a different result, you have no choice but to threaten, and then take, court action. The advice from Bankfodder still applies and you would have to be well prepared and focused if you want to take it forward.

 

[JGJ]

slick 132,

 

Unfortunately the FOS are still favouring the banks, but I am willing to take them on, (plenty of court experience) and also with loads of help from CAG over the years.

 

 

 

Problem lies with the family. I will send FOS letter and E-Mail asking them politely if they are extracting the water.

 

 

"EXEMPLO DUCEMUS"

[slick132]

Hi JGJ,

 

Pick your battles wisely.

 

Although you can write letters for your family, they may (depending on the judge) have to represent themselves if it went to a court hearing.

 

They'd need to produce reasonable evidence and/or explanations about the loss or damage suffered. And the claimant must prove their case to the courts satisfaction so the onus is on the claimant. The defendant need only raise adequate doubt to defend successfully.

 

[JGJ]

slick132,

 

I have taken heed of your wise words, thank you for your input, it is greatly appreciated.

 

"EXEMPLO DUCEMUS"

[JGJ]

Hello All,

 

Update:

 

FOS report Barclay's have upped the anti from £50 as at ( #12) to princely sum of £150, after their personal catastrophic (FAUX PAS) :jaw:they still are extracting the water.

 

FOS will re-contact Barclay's with an answer/proposal from them and report back this week. Will not be holding my breath.

 

"EXEMPLO DUCEMUS"

Edited August 15, 2013 by JGJ

[JGJ]

Hello All,

Letter received today from FOS adjudicator, stating that in his opinion our claim for circa £500-£750 was excessive:violin: and he has adjudicated the princely sum of £300 as full and final from Barclay's. for their "Faux Pas"

 

Wondering if I should escalate to ombudsman level or take the money and run? Relatives are wanting to take the adjudication cash.

 

All info/advice will as usual be gratefully received.

 

"EXEMPLO DUCEMUS"

[BRIGADIER2JCS]

I doubt that there will be any upward movement in that offer JGJ.

[JGJ]

BRIGADIER2JCS,

 

I think you could be exactly right sir,

 

FOS seem to like the Banks more than we poor souls, who have been subjected to their "Faux Pas"

 

"EXEMPLO DUCEMUS"

[BRIGADIER2JCS]

BRIGADIER2JCS,

 

I think you could be exactly right sir,

 

FOS seem to like the Banks more than we poor souls, who have been subjected to their "Faux Pas"

 

"EXEMPLO DUCEMUS"

To us a more technical term the banks cock ups, appear to have a tariff applied to them by FOS:madgrin:

[slick132]

I think accepting the increased offer is the right move, particularly as the relatives are ok with that.

 

[JGJ]

Thank you all for your advice/input, it is as usual greatfully received.

 

"EXEMPLO DUCEMUS"

[citizenB]

I agree with the others, I think this is as much as you are going to get, so grab it whilst the going is good

[JGJ]

citizenB,

 

Grabbing it now.

 

Could you please take a look at my other post re defaults being posted onto cra files, no default notice received.

 

"EXEMPLO DUCEMUS"