Barclays re-mortgage, enforcing an FOS ruling in my favour

[dx100uk]

i would suggest the I&E letter has no refs to the decision, just a std automated letter.

 

if the FOS only chased last week i'd give it a while yet before you enter pointless letter tennis.

 

 

 

[sharpgun]

I have decided to send the 7 day letter and commence small claims court proceedings next week after getting a letter from Barclays for me to fill in a I&e form because it says I am in arrears. Totally amazed at the stupidity of this bank. The only problem I have is I don’t know how much I need to ask them reimburse because they won’t send me statements!! Totally refusing to do it. 

[BankFodder]

What seven day letter are you referring to?

[sharpgun]

Post 9

[BankFodder]

I may be seeing slightly different numbers to you because there is at least one hidden post – but you might make it simple and simply tell me what seven day letter you are referring to

[sharpgun]

• Dear Sir/Madam,

   

  I am writing this letter to give you notice that if I do not receive compliance from Barclays to the order made by the financial ombudsman that you received on the 27th of April (to which you had 28 days to comply) within the next seven days I will commence legal proceedings. I will also seek

  costs, damages, and interest on all overpayments.

   

  In order to comply with the order made, Barclays must do the following:

  1.Take the marker off my credit file stating I am in arrears. The Ombudsman have deemed this incorrect.

  2. Pay the £2000 compensation as ordered by the ombudsman.

  3. Refund all overpayments (including interest charged on such overpayments) that were credited to the arrears account which shouldn’t have existed as that was incorporated in the revised mortgage of April 2019.

  4. Provide me with all statements showing the monies going in and out of the  arrears account.

   

  If I do not receive a reply, or there are no further steps taken by Barclays to rectify the situation within the next seven days, I am not obliged to provide notice to commence legal proceeding through the courts

[BankFodder]

A letter of claim normally requires 14 days notice. Maybe you note some rule relating to this kind of enforcement the requires only seven days – but if you don't, then I would say that the letter has to give 14 days notice.

In terms of providing you with all statements et cetera, it might be effective to start by sending them on SAR and if they breach that, then you would have an additional cause of action which could be useful for you. This would be in addition to them complying with the ombudsman order.

I think I had also suggested that you might like to sue them for unfair treatment. Does this appeal to you?

 

[sharpgun]

Anything that hurts them. Would satisfy me

[BankFodder]

Maybe the best thing to do is to proceed with your original plan to enforce the FOS decision, but also send them an SAR, see how they respond to that and whether their disclosure is complete or even on time and see if you can build up a case for suing them for a breach of the DPA as well as under BCOBS for trying to impose conditions on their compliance with the FOS decision.

There's no need to do it all at one time and so it might be better to keep it simple and to get your substantive problem sorted out.

As far as I know your letter of claim is to be 14 days and if no one else comes along and says that it is only seven days for the enforcement of an FOS decision, be prudent – give them 14 days and then begin your claim.

I'm not sure we've actually had somebody on this forum in the 15 years that we've been running it who has had to go through a court enforcement process of an FOS decision so I hope you will keep as well updated as to how it goes. We'll be following it very keenly and of course will be rooting for you and giving you any advice that we can - although you will probably know more about it than us by the time it's all finished!

[sharpgun]

The ombudsman says the have never seen a case like this before !! There was 499 plus emails with total misinformation and lies. This has been very stressful causing me to after having open heart surgery to return to hospital with very high blood pressure. They have even tried to stop me having a mortgage holiday but the ombudsman stepped in. It was never ending. To this day I can’t get a loan personally or my business because of the marker that says I’m in arrears which I am not

 

They recently even tried to put the arrears on top of my new mortgage, which had already taken  into account the arrears which in reality wasn’t arrears because we had agreed to go interest only because of my illness 

[BankFodder]

Store it all up. Keep it well documented and then once you got the FOS decision sorted out, will have a look at everything and move in for a bit of extra

[sharpgun]

What is that likely to be worth?? I want to take them for all I can

[BankFodder]

If they breach the SAR in terms of not complying with the deadline or not making a complete disclosure then it depends on your level of distress. I can see that you are pretty distressed so it may be £100 (the courts are pretty cautious about this kind of stuff).
If we can show that they have been making mistakes and have not been processing correctly – for instance, if they haven't enforced the FOS decision because they haven't got their files together, or if you can show clearly how erroneous they were in trying to add interest to the new mortgage as you've explained above, then that also would be unlawful/inaccurate processing and I'm sure that has caused lots of distress and could be worth another 200 quid or so. We would have to see.

I'm afraid that when we talking about distress then it's a bit like a piece of string.

If you sue for unfair treatment, then that really is an unknown. It depends on the level of unfairness and the impact on you. Because you might be suing on the same facts in respect of breach of data protection, then the award for unfair treatment might only be nominal and I suppose one could ask the court to exercise its discretion up to £200.

So it's not which is beyond compare, but on the other hand these adjustments which the bank will be extremely anxious to avoid – especially the BCOBS judgement.

These figures that I'm suggesting are really just speculation, but I can't see that you would fail in at least getting the judgement – and it would simply be a question of how much money you would get. Of course it would be complicated and embarrassing for the bank and so I can imagine that they would put their hands up because at the end of the day you would simply be claiming pennies and they certainly wouldn't want judgements for breach of statutory duty against them

[sharpgun]

More important to make them squirm

[sharpgun]

Well today they paid the compensation but have told me they don’t know when they can  put right the other stuff!! I have told them they have until the 14 days is up. Can’t explain why it took so long and why they are refusing to send me statements. 

[BankFodder]

Absolutely correct to stick to your deadline.

Have they put the business about not knowing when they put things right in writing?

You say they are refusing to send you statements. Have you sent them on SAR? When?

Do you have this refusal in writing?

[sharpgun]

I sent a sar ten days ago

[BankFodder]

What about the other questions?

[sharpgun]

And I have the refusal of statements in writing!! They said that they couldn’t send statements as I had missed payments on my account which is totally untrue 

and no  they haven’t put in writing about not knowing when things will be out right. It was on a phone call. They are ringing me back Friday so we shall see. The lady who was very apologetic say that it is with senior management now. But the 14 days to put all right runs out next Wednesday 

[BankFodder]

Write a detailed note of the phone call as far as you can remember it. Make sure that it is timed and dated and file it along with everything else. Do it now before it all starts to fade in your memory.

Then write to them and confirm the phone call and confirm what was said. You can also tell them that you don't understand why they are not able to give you a timeline and that this wasn't explained.

Do these things straightaway.

Have you registered with the moneyclaim website? Have you started to prepare your claim there? I think you should start to get this going and put up a draft particulars of claim here so that we can have a look.
Everything needs to be in order in order to click off the claim in day 15 – assuming that you are prepared to go ahead.

 

 

 

Sorry I suddenly realise it's not money claim – it's on paper. Make sure you got all the necessary forms ready and completed so that you can send them off on day 15

[sharpgun]

Just got this

 

Dear Sir
Our client: Barclays Bank UK PLC
Re: Your Letter Before Action dated 9 June 2021
We act for Barclays Bank UK PLC (the Bank) and have been passed a copy of your letter dated 9 June 2021, which is characterised as being a “Letter Before Action”.
We write to confirm that our client is looking into this matter and the alleged issues with the credit file and your mortgage account. The Bank must of course be given a reasonable opportunity to investigate the issues and provide its response. We would therefore ask you to provide us with a copy of the “order” made by the Financial Ombudsman Service on 27 April 2021, so that we may take further instructions from the Bank – we will be happy to receive a scanned copy of this document by email to [email protected]
Whilst we are making these enquiries, we ask that you refrain from taking legal action until you hear further from us. Please be advised that remote working conditions imposed by COVID-19 are affecting the Bank’s and our ability to receive, send, process, and forward post.
Service of any proceedings
Whilst we consider it would be inappropriate and premature for you to issue court proceedings until after the Bank has had an opportunity to provide its substantive response, should you decide to do so, we confirm we are authorised to accept service of those proceedings on behalf of the Bank.
Generally, we do not accept service of documents by email. However, in light of the current COVID-19 pandemic, we are prepared to accept service by email in this case provided that documents are supplied in a readable PDF format not exceeding 10MB in size. We require any exhibits and/or attachments of over 100 pages to also be sent to us in hard copy

They got letter from ombudsman on 27th April??

[BankFodder]

Quote

 

Dear Sir/Mdm

I knew that Barclays was in a mess but this is really extraordinary. You can't even find a copy of the ombudsman's order.

I'm providing a further copy to you now. Don't lose it this time.

 

In terms of asking for extra time – the answer is No.

I've had your clients up to the neck and they have caused me damage and inconvenience and distress during a very difficult time in my life. I have no confidence in your clients.

You can also take this as notice that once I have enforced the ombudsman's order in the court, I shall be taking further action against your clients for unfair treatment under the FCA's Banking: Conduct of Business Regulations. If you don't know what they are then you better start looking them up. Once I get a BCOBS judgement, I will be forwarding that to the FCA.

You better get a move on if you want to try and mitigate things.

I would point out to you that your clients are ruthless and now that they feel challenged, they start pleading for extra time.

I suggest that your time is better spent telling your clients to put their affairs in order and to implement the ombudsman's order pronto.

You don't have much time left.

Yours faithfully

 

 

[sharpgun]

Brilliant

[sharpgun]

Letter sent this morning!! We shall see now. 

[BankFodder]

I doubt whether they will do very much. They are sufficiently nimble. They will simply launch into some ridiculous useless defence in order to shore up their reputation.

I actually thought about sending them a follow-up message saying that you might be prepared to grant them an extension on payment of £50 a day backdated from the date that the FOS order should have been fully implemented up until the expiry of your 14 day deadline and after that £100 a day up to a maximum extension of 14 days