forced closure of all accounts

[eatonhill]

How depressing is that, no matter how honest we as customers are, the bank can run roughshod over you and the FOS just goes along with it. Well I'll wait and see what they say and then I'll make my mind up whether to take it further.

[eatonhill]

Hello again, it's been a while and still going on.

 

Just thought I'd give anyone interested an update and I need to ask a question. So far, the FOS sent me their provisional decision which agreed with me ( I didn't agree with the adjudicator and put it with the higher ups). However, I still didn't agree with her provisional decision mainly for a comment saying I had benefitted from Barclays mistake.

 

How was I benefitting if the FOS wanted Barclays to compensate me with £100 but pay back the money they had paid to Barclaycard? Interestingly, FOS sent me the decision on 6 June and hey presto I get a letter from Bank dated 8 June informing me that I was overdrawn! ( first letter informing me about o/d even though I'd been o/ d since January and to cap it all the bank had started charging me daily because they had used the emergency borrowing facility to pay their charges!)

 

I called them and they wouldn't answer me but told me they would call me back and it was to be a priority callback that was on 22 June and I'm still waiting! Yesterday I get another letter from Barclays dated 17 June telling me I have accepted the FOS decision and they have credited my account with £240.25 ( made up as £25 refund of chaps (27/11/15) and £215.25 refund of commission charges to date! So now I'm confused, emailed FOS asked them when I accepted Barclays offer considering I haven't seen final decision.

 

Email back saying decision hasn't been made yet! So called bank asking where they got info from that I had accepted their offer. Got told some woman would call me back as she's the one who's been dealing with this. Surprise surprise, she didn't call back, original guy called back and said because it's was with FOS I had to refer to them. Emailed FOS again and asked who had given bank this figure and said something smells here. Reply was its just a misunderstanding and wording used may be standard.

 

This morning I get email from FOS saying bank decided to refund commission due to provisional decision and FOS didn't inform them I had accepted any decision. Phew! There's something going on here and I'm not liking it, so my question is ... Under freedom of information act can I request all correspondence between FOS and Barcalys. I will wait till I hear final decision but after that I want to find out who's been saying what and to who.

 

Hey ho and on it goes.

[slick132]

Hi EH,

 

Can you edit the post above and use paragraph spacing - without it, the post is hard to read.

 

Thanks

[eatonhill]

Hi slick, how do I edit the post? Thanks

[AndyOrch]

Hi slick, how do I edit the post? Thanks

 

You cant after 10 mins..I will do it for you...but please check in future within the 10 mins.

 

Regards

 

Andy

[eatonhill]

Hello Andy, so sorry and I will do it properly next time

[slick132]

Hi EH,

 

Are you recording all phone calls. If not, you should keep all comm'ns in writing, either by mail or email.

 

You can request a copy of data using the Data Protection Act but this will reveal data about you that the FOS hold. It may not give you copies of exchanges between the bank and the FOS.

 

Have a read here - http://www.financial-ombudsman.org.uk/about/foi-making-a-request.htm

 

[eatonhill]

Hello Slick,

 

I've kept all emails and letters from Barclays and I make notes of phone calls.

 

Is there any way I can get hold of banks correspondence with FOS? I've got all communication between me and FOS but I would like to know how bank have made their decisions.

 

Thanks

[unclebulgaria67]

Hello Slick,

 

I've kept all emails and letters from Barclays and I make notes of phone calls.

 

Is there any way I can get hold of banks correspondence with FOS? I've got all communication between me and FOS but I would like to know how bank have made their decisions.

 

Thanks

 

Either FOS or the Bank under subject access request.

 

In theory there should be no reason for the FOS not to disclose everything including communications between them and Barclays. As the communications are part of the complaint decision making process you have a right to see it. I have seen forum posts by others in this situation and they have been given everything.

[eatonhill]

Hello Uncle B,

 

Thanks for that,. I will have to wait for the final decision from the FOS as they have said that they won't communicate with me now until the final decision is made. But I want to see who made all these decisions and when they were made.

[eatonhill]

Back again,

 

To all who've given me advice its been much appreciated and used. However, i received the final decision yesterday and need some more advice on how to reply.

 

Ok, i don't accept their reason for the decision mainly due to them agreeing that i was right and Barclays were wrong in so many ways. Unfortunately what i class as downright deceit the FOS seem to view the mistakes made as either standard wording in their letters (bank saying i had agreed to FOS decision - even when it hadn't come through). And a mistake in explaining why they hadn't closed my account because they had given me an extra six months (oops that was just another little mistake?) and on it goes.

 

Anyway, I'm not going to get any further so i have to decide whether i accept their decision or don't. My question to anyone who isn't as paranoid as i am is;

 

1. If i accept, it means the decision is binding on me and the bank - what exactly does this mean? does it mean i can do no more because I've agreed and have no right to report the bank to the FCA, the bank get their money back from me and don't add any more charges onto my account and finally close my account. or

 

2. If i don't accept, the decision isn't binding. So does this mean that the bank can add all the charges back onto the account and expect me to pay them as well.

 

3. What if i don't agree with the way they got to their decision but will pay back the money they paid out to the credit card companies and be done with it.

 

Anyone got any ideas how i can agree to disagree. I certainly want to report Barclays to the FCA mainly due to the Ombudsman's statement saying "Its not my role to punish, reprimand or fine the bank"

 

Thanks for any advice

[unclebulgaria67]

If you accept it, then yes it is binding on you and Barclays. Means Barclays implement the FOS decision and you have accepted it. Unlikely a court claim would succeed, as a Judge would say you have already gone through a complaints process, unless the claim was on a different matter or something the FOS could not consider.

 

FCA don't deal with individual complaints. They would just note their records,

 

If you don't accept, then i think Barclays may well just implement FOS ruling and do what they need to do. I can't see they would go back and add on all of the charges.

 

I don't understand point 3). Why would you do that ? What benefit is this to you ?

 

The FOS are correct, that they simply address the complaint issues and will uphold a complaint if a financial organisation has made an error or been unfair, leading to a consumer making a loss or causing distress.

 

At some point, you might decide that you want to move on, rather than continue this campaign. I am pretty sure Barclays will just want to finish this complaint and if you continue they will ignore you. That is usually what happens, as these big organisations will just hit a brick wall where a customer remains unhappy and there is nothing more they are prepared to do.