Won FOS Complaint but Barclays not complying

[Dazza75]

Ok, thanks BF, I'm just getting really annoyed by them at the minute. The attitude of they can do what they want, but I have to do as I'm told really irritates me. They were as bound to the FOS decision as I was. They decided they didn't need to adhere to it but are telling me I have to. 

[BankFodder]

Of course you're annoyed and it is perfectly understandable. Barclays are bullies. They're dishonest. They're careless. They breach their statutory duties and they don't care about that either – and nobody really bothers to enforce against them. They are used to getting away with it. It would cost them almost nothing to sort you out – give you a decent piece of compensation, open your account and remove the CIFAS marker and also they would benefit from a little bit of improvement to their reputation – but they don't care about any of this.

Too big to fail – too big to care.

They're bullies. Their solicitors sacrifice their principles working for them.

[Dazza75]

I have been having a read on the FOS website this evening. It says.

 

Generally speaking, the adjudicators settle cases by issuing: an initial view; or an adjudication.

 

But this view or adjudication is not binding. Both parties have to accept it for it to work. If either do not accept it, it goes to an ombudsman.

 

It then says.

 

ombudsmen certainly don’t just ‘rubber stamp’ what has gone before. If the consumer accepts the final decision before the date specified – usually a month after it is issued – then the final decision becomes binding on the firm. But if the consumer rejects the ombudsman’s final decision, or does not accept it before the specified date, then the final decision lapses. But either way, a final decision brings our complaint-handling process to an end.

 

So, the adjudication by the adjudicator isn't binding but Barclays bank accepted it so should have acted on it.

 

This means they cannot say ''However, I would take this opportunity to confirm that where you have accepted the FOS determination, you will be unable to issue proceedings to recover further damages.''

 

So they may say if it isn't binding for me, then it isn't for them either, but they still accepted this decision and accepted responsibility by admitting they had made critical errors with the charge back.

 

Would this be correct?

 

 

[BankFodder]

Well spotted. Have you sent the letter to Danielle?

[Dazza75]

Yes it was sent about 10 minutes before I saw this. Im sure she can work it out for herself though, she is a trainee solicitor after all.

 

Sorry, I sent your letter via email to her before I saw this above. I have not mentioned this to them as yet.

Edited March 16, 2020 by Dazza75

[BankFodder]

Okay well keep it up your sleeve and it may come in useful later.

Clearly they should know this. They have a professional responsibility to know it. The bank has a professional responsibility to know it. It is yet more evidence of unfair communications and breach of their FCA statutory duty. Now you start to know what an ignorant load of bullies you are dealing with. I'm afraid that they get away with it because they assume – and generally speaking quite rightly – that their customers have no idea and trust them. Just like the FOS trusted Barclays when Barclays told them that the £150 had been paid.

You think that as a trainee lawyer should be a bit keener to get her stuff right.

So what we have here really is that the adjudicators view – or adjudication, when both parties agree to it simply becomes a working agreement. It's not binding in the way that she suggests. It doesn't stop you going to court – although I can imagine that the court would take a dim view if you change your mind without very good reason – but certainly Barclays failure to then implement their side of the agreement completely vitiated it.

I think it was extremely careless or else dishonest of her to suggest otherwise. Probably careless

[Dazza75]

I think, they think its amateur night at the minute and they are seeing how far I (we) will go.

 

I am happy to go all the way. If I lose, I lose. I am past caring. What I do care about is pushing this as far as I can.

[fkofilee]

Sorry - I had to... Technically it is true...

[Dazza75]

Maybe, whoever their contact is at Barclays isn't understanding the whole situation either and they think the adjudication is a new thing that has just happened. When Hardeep contacted them in February, they said there was an outstanding balance on my account which is why they had not actioned any of this recommendations. This outstanding balance has never been mentioned since that time - There isn't and never was an outstanding balance, but where did that idea come from? I guess we will never know.

[BankFodder]

I'm assuming that you had no reply from either Barclays or from the solicitors?

[Dazza75]

I have heard nothing from any of them. I had a look at the solicitors website and it does say they can work from home adequately during this time if needed so assume they are still working, but nothing from them.

 

Had a letter saying they are processing the SAR but can take upto 30 days. Just the standard letter you get from Barclays Bank.

[BankFodder]

Can you remind me – did you give them an extension on the SAR? And if so till when?

[Dazza75]

No I didn't give an extension. the 14 days I gave was up last Saturday, but the letter states they have upto 30 days, or 3 months if its extensive.

[fkofilee]

Month is a legal requirement. 3 months is when having to source items form 3rd parties either in or out the Country.

Thats understandable. Give them 30 days. The legislation permits for this,. 

[BankFodder]

They had their 30 days. Then they've had a further 14 days goodwill extension – and now they're not replying to emails.
 

[BankFodder]

And they haven't responded to your last email.

Well if you want, you could issue proceedings this weekend and click them off on Sunday night and I would suggest that you simply make a claim for distress which has been caused to you as a result of their statutory breach of data protection legislation. I would suggest that in view of the circumstances you put in a claim for £100 which will be cheap to bring and at least it will show them that you are prepared to take action.
If you want to do this then we can draft a quick claim form – have you registered with money claim? Have you looked through it and understood what to do?

Also I would suggest that you send an email immediately to Danielle and tell her that your patience is exhausted, that you consider that it is a discourtesy for her not to respond to your last email and that you consider that they aren't taking the issue seriously. The failure to abide by the data protection rules is serious statutory breach and unless there is a resolution, you will be following through with your letter of claim which was sent to them on X X X date and proceedings will be issued on Sunday.

Tell her that you are not prepared to get involved in any other discussion about it.

Tell her also that the other issues containing your email have still not been dealt with and if this continues then you will also be issuing a further and separate legal action for breach of their statutory duty to treat you fairly and to communicate with you fairly.

[Dazza75]

I am registered with moneyclaim online and have had a look through it.

 

On Monday she said ''We are taking instructions from our client in respect of your emails dated 13 and 15 March 2020 and shall provide you with a response shortly.''

 

That was when we sent a list of questions. Is it likely she is waiting for them to respond before coming back to me? If she is waiting then I don't mind giving them until Friday, but yes, I am surprised I've head nothing else since Monday. 

[BankFodder]

In that case send the email that you are not prepared to wait any longer et cetera.

Put draft up here if you want

[BankFodder]

Quote

The claimant is a data subject and sent to the claimant, a data controller a valid data protection act subject access request on X X X date. The defendant's data  disclosure was incomplete. The claimant informed the defendant and gave them a further 14 days to comply with the statutory duty. 14 days has expired and the defendant has failed to respond. The defendant is aware of all the details. The claimant has suffered a great deal of distress which is ongoing as the personal data is badly needed to resolve serious other issues with the defendant bank and therefore seeks damages of £100.

 

Can you check that the above is correct. Is there anything that you want to add or take away? You would not claim interest here. Address this to the bank at their head office.

I can't remember whether they actually met the original deadline. Please will you let me know

[Dazza75]

22 minutes ago, BankFodder said:

I can't remember whether they actually met the original deadline. Please will you let me know

 

I will check the date on the letter of the main package of materials when I get in. The initial package of documents did come within 30 days I think but I will double check.

[BankFodder]

Okay I've edited it. Please have a look and see if that is satisfactory – after you have checked your own records. Also you better have a look around this site and elsewhere to understand the steps in bringing a county court claim. It's pretty straightforward – but it is better if you know each step in advance is that will give you greater confidence.

You can be fairly certain that when faced with a possible judgement for breach of statutory duty, that the bank will try to respond viciously. They are bullies and they will spend more time and money trying to crush you on this then it would cost them simply to get it right.

[Dazza75]

25 minutes ago, BankFodder said:

You can be fairly certain that when faced with a possible judgement for breach of statutory duty, that the bank will try to respond viciously. They are bullies and they will spend more time and money trying to crush you on this then it would cost them simply to get it right.

 

If the bank has breached their statutory duty towards me, how can they respond viciously, what exactly can they do if they have actually breached it?

[BankFodder]

Just wait and see. It is clear that they have breached their duty but they will put in a defence rather than admit. Of course this is entirely unreasonable and it would be an abuse – but that's what they do.

They may decide to offer you the £100 – in fact this is quite likely – and conditions of confidentiality and that you withdraw the claim. For the moment I would say that you should not accept this. Then they will start to threaten you with costs if you do not accept and they will send a letter saying "without prejudice – save as to costs" – on the basis that they think that they will be able to get the court to exercise it's very rarely exercised discretion to award costs of all the legal representation against you. This will intimidate you and you will feel very worried about the kind of bill you are chalking up. This is where you will get nervous and this is where the bank will count on their bullying tactics. If Danielle gets involved in this then she will be part of it. If the solicitors try this then of course shame on them and they are effectively abusing their position as professionals and acting unethically because they will know first of all that – yes, they are in breach – and also, you will not have costs order against you.

You will have to stand firm.

[Dazza75]

14 minutes ago, BankFodder said:

This will intimidate you and you will feel very worried about the kind of bill you are chalking up. This is where you will get nervous and this is where the bank will count on their bullying tactics.

 

I'm not the type that gets nervous or gives in to bullying, so it isn't going to happen. I'm just not that type of guy no matter how much money is involved. I really don't care who they think they are or what they think they can do. I'm fearless.

[BankFodder]

I think I may not have suggested that you make a complaint to the ICO.

I think you should do this straightaway. See if you can do on the telephone – if not do it online. See if you can get a reference number. However make the complaint so that we can add the fact that to your claim.