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


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I recently re-mortgaged with Barclays to reduce my monthly out goings and to clear an arrears amount which was due to ill health.

 

Four years ago I was made redundant from work and then had a heart condition which meant I couldn’t work for a couple of years.

went on to interest only, and in all this time I never missed a payment. two years ago started a new business and started to get the arrears down paying a substantial amount on top of my repayment figure.

 

After about a year I rang the arrears dept to try and get the figures lowered and they advised me to go to my local branch and meet an advisor, which I did. I was surprised to learn that I could extend my term and fix my mortgage for five years. By doing all of this it wipe out my arrears saved me 1500 per month.

 

The re-mortgage then went to the underwriters who after some questions approved the re-mortgage. The papers came through and every thing seemed fine. During this period I had open heart surgery and was extremely ill for months. 

 

after a couple of months went on to my credit file and found that the marker was still on. I rang Barclays to see why they hadn’t taken the marker off. They told me that my re-mortgage was nothing to do with the arrears which it clearly was. After many phone calls and much distress from complaint handlers who were clueless and many emails I decided to send all my paperwork to the banking ombudsman.

 

I told her the story and eventually she got and realised I had not only been badly treated but I was totally right on everything that I complained about. Barclays admitted they were wrong but offered no resolution that would be in my favour other than offering a measly 2k in compensation.

 

The first part of the ombudsman approach they have come down in my favour on everything but Barclays are still refusing to accept they must honour the agreement which they had agreed to.

 

My  question to you guys Is

should I go down the legal route or wait for the actual ombudsman to make his final decision.

 

This is very complicated

 

but I know I am 100% right and feel like the bank are trying to bully me into getting a new mortgage again.

 

Your thoughts would be appreciated. 

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so the outstanding issue is one of the credit file?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 4 weeks later...
  • 1 year later...

  

I have now had a final response from the ombudsman on my case which was sent to Barclays on the 27th of April.
They have failed to comply within the 28 days laid down by the fos.
 
i am now going to down the small claims route to get the claim put through the courts.
this is what I have written!!
do I need to add anything else???
 
maybe without prejudice??
 
  • 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
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Could you let us know the date that you sent the letter above please

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Okay thanks. I think that my site team colleague @dx100uk has been helping you with this so it would probably be worth seeing what he has to say.

I haven't gone through the thread at all so I don't know what it's about other than the two messages you have just posted.

I understand that you had a dispute with Barclays and that the ombudsman has come down firmly in your favour and set out various requirements and that Barclays have refused or failed to implement the ombudsman recommendations.

To save me or anybody else going through the thread again because it's pretty old, maybe you could confirm whether this is correct or not.

Have they actually declined or failed to respond?

Have they agreed to implement some of the recommendations or as they refused all of them?

If they have only agreed to implement some of them, which once had they agreed to implement and which ones have they declined.

Maybe you can set out in a sort of list form rather than a narrative.

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  • dx100uk changed the title to Barclays re-mortgage, enforcing an FOS ruling in my favour

They have not responded in any way  other than ask me today to fill out income and expenditure form , which has no relevance as to what the ombudsman has said. Barclays have totally could

 

Here is the ombudsman decision  dated April Lo

 

My final decision is that Barclays Bank UK Plc should:

 Restructure Mr A’s mortgage as if any arrears balance was added to the main balance of

the mortgage and the arrears extinguished upon the inception of the mortgage set out in

the mortgage offer dated 29 June 2019.

 

 Amend Mr A’s credit file and any internal records in line with the above – so that any

arrears were cleared upon inception of the new mortgage.

 

 If it has not already done so, pay Mr A £2,000 for the distress and inconvenience this

matter has caused to him.

 

 Once the account has been restructured, send Mr A a revised mortgage statement, highlighting what happened to any overpayments along with an explanation of what happened to the overpayments. Barclays should recognise that Mr A isn’t a mortgage expert so it should tailor its explanation accordingly

 

I’ve been in touch with Barclays this morning to clarify that any payments above what was agreed in the mortgage offer dated 29 June 2019 (upon completion of that being put in place) are overpayments and should be refunded. 

 

I’ve asked them to come back to you directly with the bottom point again.

 

I’ve also asked them to come back to me with confirmation or any questions they may have.

 

Please let me know if you hear from them and I will of course be in touch as soon as I have a response from them too.

 

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threads merged and tidied.

please just type no need to keep hitting quote .. it makes understanding replies very difficult.

 

so you now need to enforce an FOS decision through county court system i gather

 

have you contacted the FOS about their non compliance?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Frankly I think you can do more than simply enforce the ombudsman decision.

I think I would also make a claim against them for treating you unfairly contrary to BCOBS.

On previous experience, when banks find that they are facing a BCOBS claim, they go into huge panic mode about it. It's quite a blot on their copybook and has happened very rarely

If you wanted to add a claim for BCOBS then you would have to change your letter of claim but I would suggest that you read up a bit about BCOBS first

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No they can't ignore the FOS – and on the basis of what you say, it seems that the FOS decision was unconditional and you are quite right that they are not entitled to impose any conditions or to ask for any information.

How long ago was the FOS decision made?

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I've just recommended that you start reading up about BCOBS before you start jumping in. Also I just asked you when was the FOS decision made

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Spend some time reading up about BCOBS and then if you think that you are happy to go ahead with that then we would add it as a small claim and probably ask for an amount of say £100 or £200 – the important thing being to get the judgement for it.

But read up about BCOBS first.

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If you have approached the ombudsman and you have received this response today from the FOS, then it seems a little bit hasty to start attacking Barclays for their failure to implement the decisions.

It seems to me that you have to wait for a small amount of time – even just seven days or 10 days to see what happens. I did what you think about this.

Also, it seems to me that the £2000 should now be subject to interest from the date that the decision was made. Interest calculated at 8% per year.

However I do think that you should go on the attack because there shouldn't simply be a redress from this but also there should be a punishment and BCOBS judgement would amount to that. I would also be sending them an SAR and frankly if parties are true to form on this they will breach the deadline and that will give you another cause of action.

I would send an SAR today whatever you do. It doesn't cost anything. There's no downside

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I'm trying to point out to you that if you've already put this back into the hands of the FOS, it may not be the time to send that letter. I'm also trying to point out to you that you need to read up about BCOBS so that you make a decision.

If Barclays don't respond quickly enough to the FOS and if having read about BCOBS you decide that you want to pursue that as well then we can amend the letter accordingly.

 

Personally, I would have found it much more satisfying not to go to the FOS but to go directly to court and to sue Barclays but that is part of my vindictive nature against these people.

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I have tried to go through the fos but they dont seem to get anywhere. Can you advise what i need to change in my letter to bcobs as barclays have done nothing but lie and try to obstuct me as much as possible. I was in intensive when this all started and they showed no compassion whatsoever so i want to take them for what i can.

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it's only been 5 weeks since the ombs decision.

they state they have advised and spoken with barclays.

 

since that decision have you contacted the FOS?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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good lets keep pulling teeth....when was this please?

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Last thursday< but today barclays asked me to today to do a expenditure form be cause of my arrears which does not exist

 

Have i got anything to lose by sending the above letter? maybe it will g them up? and do I have to put without prejudice

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