forced closure of all accounts

[eatonhill]

Hello all, I've been battling Barclays since July last year and have come up against so many lies and downright deceit that I really need someone's help. I've got a list as long as your arm and want to know what is the best way to put all evidence down. If I post it all here, I'll be writing until tomorrow. Is it the way to do it or is there a way of putting it in an email - be warned it does go on and on! Thanks for any advice.

[AndyOrch]

Hi eatonhill

 

The only way is to post here...if you can do a succinct chronological runthrough of what exactly is going on.

 

Regards

 

Andy

[slick132]

Just give us a brief idea of events to date, of your complaints and their response.

 

We can then tell you what further info we need.

 

[eatonhill]

Thanks to both, here goes

 

barclays sent letter july 2015 telling me closing account sept 11 2015 due to living in cyprus, would keep it open if i had 100K - I don't. complained to Ombudsmen, Barclays wrote giving me till Nov 28. If i couldn't provide them with UK residential address by that date, account would close. This was totally a forced closure by Barclays.

 

got a new bank account Nov24 - very difficult to get a UK bank if you don't live in UK. Spoke to Barclays to see about transferring money to new account and needed to know why balance on statement was higher than they would allow me to transfer. told it was due to payment pending. Not a problem with that. Too late to complete Barclays form transferring money and didn't have telephone banking, only internet banking Tried to transfer the remaining amount but made a mistake on the keypad - my fault entirely. Managed to do transfer on 27 Nov and payment that was pending was sent out on same day and a CHAPS charge of 25 quid was deducted which put my account into the red.

 

so, according to the client action guide i was sent i had to contact recipients with new bank details. If i used internet banking to transfer money to new account i had to phone number to get a refund. I called said number and was told i couldn't get it and to call tomorrow. Told idiot on phone that my account would go into the red due to them taking the 25 quid. Couldn't care less and still haven't got it.

 

Bank kept my account open and on 1 Dec sent out two standing orders to Barclaycard. Contacted barclaycard asked why they hadn't taken money from new bank and they told me nothing to do with them if barclays send them money. Called Barclays again and asked why account still open, answer was because i was overdrawn and they had another payment to pay after date of transferring my out. iTunes bill for 9 quid - i bought goods on 20 nov barclays took money out 30 nov.

 

contacted FSO and complained and its been back and forth. barclays sent letter January 19 explaining their reasons.

 

they'd given me extra 6 months "goodwill" extension so thats why they didn't refund the 25quid charge. No one gave me any extension after 28 Nov.

the standing order is kept open because its up to me to close them - i agree if i was closing my account but i don't agree if they are forcing closure of my account. Nothing mentioned about cancelling STO's in their client action sheet. I opened STO's more than 20 yrs ago.

 

Reply from FSO who comment that its my responsibility to cancel standing order, dismiss my disputing extra 6 month extension.

 

now. i have written to FSO saying i don't agree with what they said and why would i race around trying to close my account by 28 nov if i had been given an extra 6 months. want proof of this extension time. Don't accept bank trying to give me 100 quid compensation.

 

If FSO don't agree that its important, is there anywhere else i can go to get this resolved. Im sick of the lies from Barclays and they think they pay you off. My bank account is still open and they have been taking STO's out since November. Bank said they will cancel standing orders now. Im now overdrawn.

 

Any suggestions anyone? sorry its so long but compared to what crap I've received from bank this is really short!

[eatonhill]

couple of other things, oops sorry - bank took out pending payment on 27th nov when they had received order for payment from paypal on 26th (took 1 day). took 10 days to pay iTunes. FSO seem to think thats a reasonable time limit. On their help page it states that once you pay for something with debit card it is automatically taken from current account.

 

extension extended from Sept to Nov 28 was in writing - no more letters after that one. I think the information on who supposedly gave me 6 month extension is pivotal to my case FSO don't!

[slick132]

Hi Eaton,

 

FOS will usually find on the side of the banks - that's who funds them.

 

If you're unhappy with the Adjudicator's decision, you can ask for a review by an Ombudsman. If you do this, you should have the chance to pass on to the Ombudsman any new info that's come to light that may affect the review.

 

If that doesn't bring a better resolution, you could complain to the bank's London HQ. However, that may have been a better option before you went to the FOS.

 

Your other option is to take court action seeking compensation for any consequential losses suffered and damages at the court's discretion. To do this, you'd want a clear cut case against the bank with supporting evidence.

 

[eatonhill]

Thanks slick,

 

tried the london hq previously over them closing down safety deposit box and just got put onto a subordinate. will wait to see what adjudicator comes back with now. its never ending.

[eatonhill]

slick 123

 

don't think i can go through court system as I'm still stuck in cyprus till i sell my house.

[slick132]

Then you need to seek a review by an Ombudsman.

 

Keep us posted.

 

[eatonhill]

Thanks Slick, will let you know what happens next.

[eatonhill]

wow, am i just getting paranoid! received an email from FOS adjudicator last night telling me that he doesn't think who gave the authorisation to keep my account open is a key issue. He says "regardless of what barclays said the account will close once the balance is repaid. By keeping the account open is actually in my favour"! goes on to say barclays are keen to avoid closing my account and reporting it to recoveries! Even i can't follow this next statement, " the account should have closed in november but as mentioned it was overdrawn (due to transfer fee to new bank and barclays not refunding fee), goes on saying; because you didn't know when i would return to the uk the closure continued as normal and if i return to the uk i would be able to apply for a new account subject to acceptance.

 

I queried a late payment by bank on 30 Nov for 9 quid ( i used debit card on 20 Nov), his comment is that the way payments show up on statements isn't always the order they were made? He goes on to say "the remedy to this is to ensure you don't incur financial loss" Even though bank had kept back 55quid for a payment made on 26 nov, its now acceptable not to keep back funds for a payment for 9 quid made on 20 nov? this just doesn't make sense to me or am i reading this all wrong? I mentioned the so called goodwill extension 5 times in my letter to the adjudicator, asking for proof of this, i would have thought that was pretty clear he should ask for proof but true to form he didn't bother and says he will go back to barclays to claify the 6 months extension and the dates - if i would like him to?????? What is this man on?

 

Can i ask for a SAR from Barclays as surely that would show any communication from them to me referencing the extension?

 

i will reply to this email in due course but id appreciate anyone's thoughts. Once i get the flaming information on the said extension then i will ask for a review from an ombudsman.

[unclebulgaria67]

Originally this account was to be closed in September 2015, but you complained and this was extended until 28th November.

 

Presumably the existing standing orders went through in October ?

 

If so, you would have expected the standing orders to go through in November ?

 

This may be because you are out of the country, so it is more difficult to manage.

 

Until you cancel standing orders or Direct Debits, a Bank can put them through, even if your account is overdrawn. When it is overdrawn, they keep them open longer so they can apply more fees/charges. ( wrong, but that is what they appear to do ).

 

Think you need full details of your account, so sending an SAR might be an idea. Then you can pinpoint the exact issues you wish to complain about.

 

PS. The reason Banks don't accept someone with less than £100k to live abroad, with a continued UK Bank account, is that the accounts are managed by an international division. The accounts are monitored more closely and they could not do this with accounts of less value as there would be too many of them. I think there must be some law or regulatory rules that apply, as all Banks seem to do the same.

[eatonhill]

hello uncle b, the standing orders for november went through as normal on the 8th of the month. i have no problem with that. on the guide barclays gave me it tells me to contact recipients (no one else) to change details for new bank. The way they are getting round this is because they are saying they gave me an extension ( from when to when i don't know, I've only got the extension up to 28 november in writing). On the action guide it clearly states that you have to contact recipients because once your account with barclays have been closed no payment will be sent. my argument is i want to know where this extension is and who authorised it and what date it was authorised. Why would i have closed my account on 27 nov if i had an extension? Thats the bit i can't seem to get the adjudicator to acknowledge is important or relevant. Or am i being too anal over this.

[eatonhill]

if i get another SAR (got one before when i was sorting out the bank charging me for an account i couldn't have because i live abroad) will they give me one that relates to everything from the date of the last one. Can i ask for copies of letters sent out to me as well.

[unclebulgaria67]

Having read it again, your complaint is about the 6 month extension on your account, not being sent confirmation of this and the continued payment of standing orders which caused more charges to be added to the overdrawn account.

 

So you need to ask Barclays ( copy to FOS)

 

1) When was it decided to extend the account a further 6 months from 28/11/15 ?

 

2) How was this decision communicated to the account holder, so they could take necessary action ?

 

3) If the decision was confirmed by letter or email, provide a copy of this

 

 

Also to provide statements of account from 28/11/15 until now.

 

You don't need to do an SAR. Barclays should provide info as part of handling your complaint.

[slick132]

I'd reply to the Adjudicator saying :-

 

I am seeking more information from the bank, as per the copy letter enclosed.

 

When this is received, I will review my position and decide if I require the case to be referred to an Ombudsman.

 

[eatonhill]

Thanks slick and uncle B, great help and email just sent. watch this space for the next salvo!

 

have a great weekend

[eatonhill]

well, call me cynical but........ theses the first time i've had such a quick reply from the adjudicator. Just received the following email telling me he's more than happy to request the information i asked for (thank you uncle B and Slick). then he make a rather strange comment by saying "whether or not barclays agreed to a 6 months extension doesn't change the fact your account is now overdrawn? (what!) goes onto say "i appreciate though what you're saying may have prevented this from happening. To put that right, Barclays felt it was fair to refund fees/charges - this is a fair offer" well all i can say is i don't!

 

something strange is that he writes " when we spoke on 24 september i did ask you when you expect to return to the UK - I did this to see if Barclays would allow more time the the 28 Nov deadline coming up. As you didn't know, this couldn't be agreed by me". i have to admit that I'm stumped by this comment. Will now wait for his response from Barclays.

 

curious and curiouser

[unclebulgaria67]

Not really curious. Most working for the FOS have worked for Financial Services companies.

 

If Barclays have refunded all charges after 28th November, then surely all that is left is what bills have been paid from the account through standing orders ? If Barclays had not paid these, presumably you would have had other arrangements ?

 

Normally the FOS will only try to put you back to a position you would have been, had there not been a mistake. They might suggest a token of compensation for any inconvenience, but often they say it is not necessary.

 

If you are expecting something more from Barclays, you need to explain this to the FOS and justify why you think this is deserved.

[eatonhill]

Yes you're right, if barclays had gone through with the closure of my account and repaid the charge of 25 quid on the same day - i phoned the number given and they refused - told me to call the next day.

 

I would have been 1.50ish in credit, instead i was in debt to the tune of 23.42. Barclays then proceeded to take 200 quid every month starting from December (i was told my account was closing and no other transactions would happen after 28 nov) for a standing order to barclaycard.

 

I phoned barclaycard and asked why they hadn't taken the correct amount of money from my new bank account and their answer was because barclays was still sending them money. mentioned that to the FOS and mentioned also that barclays was forcing a closure on my account but in their guide it made no mention of cancelling standing orders, all it said i had to do was inform recipients of change of bank.

 

Does everyone remember what they did 20+ years ago - thats when i made the standing order and to be honest because barclays was forcing a closure they should have added that it was down to me to stop standing orders, they didn't and they never mentioned it was up to me until letter arrived in Feb and this is when i got all this crap about extensions etc..

 

Im not out for huge compensations but why should i have to pay for their mistake and i think they should just write off the overdraft of 1000.00.

 

barclays has cancelled the standing orders themselves now yet last month barclaycard took the 200 from my new bank account and took 200 from Barclays!

Edited April 23, 2016 by slick132
spacing added

[unclebulgaria67]

All you can expect are the fees and charges after 28th November to be refunded, as you were not informed of the 6 month extension. They won't write off the overdraft for bills they have paid on your behalf.

 

You mentioned earlier that they have paid you £100 compensation, so i doubt you will get any more.

 

The FOS won't go beyond putting right any mistake.

[eatonhill]

One small victory achieved. received an email from the adjudicator last night informing me that Barclays were "Inaccurate" in insisting they had given me an extension of 6 months. Thanks Uncle B for the 3 questions - they couldn't carry on lying so they've just said it was inaccurate - strange word for Lying in my book!

 

Barclays still want to give me 100 quid - quite delusional the lot of them.

 

Unfortunately for them, they actually put in writing they had given me a goodwill extension and have kept to that story for the past 5 months. Im not impressed with the adjudicator because even he believed them and said it wasn't relevant. well shame on him. If Barclays had admitted their mistake immediately and done what they were meant to do none of this would have happened. I completed everything i was asked to do and I'm meant to accept their inaccuracies - i don't think so! So now onto the Ombudsnman (thanks slick for the suggestion) and lets see how many more excuses they can make for the bank and for their own staff.

 

Onwards and upwards

[unclebulgaria67]

What has happened here is pretty obvious. Barclays have lax control on their systems and the account was just left to continue, with no period set for the account to be closed. They just allowed the standing orders to go out.

 

The overdraft on the account should now only relate to what bills Barclays have paid on your behalf. They should have told you to cancel standing orders, but had Barclays not paid these amounts then you presumably would have paid the amounts due from a current account.

 

To get any more than £100, you need to clearly explain to the FOS what losses you have suffered, as a direct result of mistakes Barclays have made in administering your account. If you can provide clear evidence, the FOS might recommend Barclays offer more compensation. If you can't do this, the FOS is likely to stick with £100.

[eatonhill]

I agree with you somewhat Uncle B but because the letter stating i had this extension was actually written by a woman who signs herself off as Decision maker, how can she be so lazy not to check her facts. This letter is dated january this year. I would have said that this was clearly devious. Also, they have not deviated off this course and them apologising does not cut it anymore. i will wait and see what the Ombudsman comes up with and what their decision is. Agreed, all payments from my account bar one (the 9 quid that was a delayed payment on their part - i paid for the item on 20 November with my debit card)are standing order and of course the interest they have charged.

[unclebulgaria67]

I agree with you somewhat Uncle B but because the letter stating i had this extension was actually written by a woman who signs herself off as Decision maker, how can she be so lazy not to check her facts. This letter is dated january this year. I would have said that this was clearly devious. Also, they have not deviated off this course and them apologising does not cut it anymore. i will wait and see what the Ombudsman comes up with and what their decision is. Agreed, all payments from my account bar one (the 9 quid that was a delayed payment on their part - i paid for the item on 20 November with my debit card)are standing order and of course the interest they have charged.

 

All Barclays will say is that the notes on their system were unclear and the person writing in January misunderstood the position. The FOS will accept this and agree that £100 compensation is sufficient, unless the complainant can provide evidence of a greater loss.

 

The £9 delayed payment issue is unlikely to be seen as that important given the amount. The FOS would question how Barclays delaying this really affected you and whether you incurred any loss due to Barclays actions.