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


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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.

 

 

 

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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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. 

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What seven day letter are you referring to?

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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

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  • 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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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?

 

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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!

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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 

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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

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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

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