Won FOS Complaint but Barclays not complying

[Dazza75]

Sorry I've not been back on here for a few days, I work for the 999 service and as you can imagine, its crazy at the minute and I've had to work a lot due to shortage. So, have only just seen the further advice given and had a chance to take it in. 

 

So far, I have done nothing because I haven't had a chance, I have barely been home.

 

Its been a full week since I sent your last email (BF) to them and there has been no reply whatsoever.

Shall I still email and say something along the lines of 'what's going on'?

 

I cannot understand how there has been no contact at all,

if they have closed down they say on their website they are fully able to work from home.

 

On 19/03/2020 at 18:39, BankFodder said:

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 £200.

 

 

Regarding the above, are they likely to say that although I requested it within 14 days, by law they do have 30 days to send this information out?

 

On 20/03/2020 at 10:54, BankFodder said:

complaint to the ICO

 

I will look at this now online.

[BankFodder]

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Dear Danielle

I'm letting you know that I am issuing a claim for compensation for breach of statutory duty against your clients. I haven't heard from you and I haven't heard from them.

Just to let you know, that I actually work in the emergency services. The bank knows this and as they have provided you with all the information about me then you must surely know this as well.

This just gives you another aspect of the unfair treatment I have suffered at the hands of Barclays bank and with the virus crisis which has been emerging since January, my job has become even more difficult – and has been made extremely stressful by the unlawful treatment of me by your client.

Having to deal with my own job in extremely demanding circumstances attempting to do my bit to protect the public which presumably includes Barclays personnel and yourself.  I've had to juggle my own duties with trying to manage Barclays, their mishandling of my account, their lack of responses – and now your own failure to acknowledge my messages or to respond to them.

Bravo

Yours sincerely

 

[BankFodder]

In view of the information you've given, I've amended the particulars of claim so that you are claiming £200 for distress. If you're happy with this and I suggest that you click it off.

There is a principle in law that the wrongdoer takes the victim as they find them. You are in a very stressful situation in very bad circumstances and so it seems to me that to claim for that level of distress is extremely reasonable.

[Dazza75]

I decided I wanted to wait to make the claim until I had a reply from them regarding nothing happening for the past 10 days, and told them I will be making the claim at end of play today.

 

This is the reply I have had today, and so will be making the claim in the next hour.

 

Quote

 

Mr xxxxx,

 

I am responding to your email below on behalf of my colleague Danielle who is currently out of the office.

 

I understand that Danielle had previously asked you to provide details of the DSAR request made to Barclays in order to enable us to follow up on this request with our client. In circumstances where you have refused to provide the date of your Data Subject Access Request and to which address it was sent, enquiries with our client in this have necessarily been delayed. Please provide details by return.

 

You have also failed to provide account details in which the settlement sum is to be paid. Whilst you have indicated a preference for the funds to be paid into your Barclays account, you are aware that this account has been closed. Please provide alternative account details without further delay.

 

In the circumstances, it is unclear on what basis any claim against our client would be brought, and we would urge you to provide the above requested information so that we can seek to resolve this matter in short order. We also reserve our client’s right to make an immediate application for strike out of any claim issued, for which we will seek our client’s costs.

 

In the event legal proceedings are issued, please ensure that any claim form is addressed to TLT LLP for service. The address for service is set out at the top of our firm’s correspondence and is, for the avoidance doubt, as follows:

 

One Redcliff Street
Bristol
BS1 6TP

 

Given the current government guidelines on social distancing in light of COVID-19, please ensure that any proceedings, and all future correspondence are also sent by email to the following addresses: [email protected]; [email protected]; [email protected].

 

Regards

 

Harriet Loucks

Associate

for TLT LLP

 

 

They are complaining that I haven't given the info they asked for, but we asked questions 10 days ago and no one replied to me either.

[hello12345]

I was going to say not to give the solicitor your email , as its to save them money, and their convenience to send you bullying emails and charge you for the privilege . Barclays solicitors got my email from my AQ I should of left it blank or put "no email" in the box. That was one of the many mistakes I made.

Edited March 25, 2020 by hello12345

[hello12345]

Maybe you could put in a summary judgement/strike out against them and play their game somebody will give you advice on how to do it,  it costs a little bit of money.

Edited March 25, 2020 by hello12345

[BankFodder]

Okay – well give them the date and given the date of the reminder.

 

Quote

Dear Harriet

I take the second request from you as clear confirmation that your clients are in chaos and they have lost both the original request and also the subsequent letter which I sent them telling them that the SAR was complete and giving them further time.

Once again, I don't see that it is my job to organise the affairs of your client. However, the SAR was made on X X X date – and a further note informing your client that the SAR was incomplete was sent on X X X date.

The basis of a claim for your clients breach of statutory duty may be unclear to you – but it is clear to me and it will be clear to the court that at the moment they made an incomplete disclosure, they were in breach. This is not a matter of personal obligations and is not a matter of degree. The breach occurs at the moment that the requirements of the statute are not complied with.

In the matter of where to put the money, this is part of our dispute – and maybe you should read the file closely - or maybe your clients have failed to give you proper instructions on this matter as well. The account was closed unfairly as a result of mis-filing of information which had been provided to them and in good time. The adjudicator's finding confirms this. Your clients errors then led them to remove money from my account and furthermore to place a CIFAS marker against my name and then to close my account. All of this was unfair and is very clear from the adjudicator's finding.

Therefore part of our dispute is that my account has been closed and a CIFAS marker has been placed against my name without any justification whatsoever. Therefore I foresee that in addition to the forthcoming action for breach of data protection law, there will also be an action for unfair treatment of me.

You can start to address this by recommending to your clients that they open my account and remove the CIFAS marker and then place my money into the account and give me normal access – which I had before they started the catalogue of errors.

Yours sincerely

 

I have dictated this off very quickly and you had better check it carefully for typos

[Dazza75]

3 hours ago, BankFodder said:

By the way, when is the return date for the FOS SAR?

 

I have had an email from them asking if there is any info I don't require, like phone records and copies of recorded conversations etc which would make it available more quickly

 

, I told them I want it all, and they are going to create some sort of online portal for me to log into to view and print if needed.

 

This info should be pretty good because it will prove Hardeep sent them bank details for the payments to me made back in November 2019,

 

they said he didn't do this and this is why they did not do anything at all at that point, and will also show that they admitted the errors and agreed with him.

 

They said it will also show me all correspondence between the FOS and Barclays so it should be very helpful. I have just checked my credit file on Equifax and the delinquent Barclays account is still there.

 

They said this was being sorted out 10 days ago and said they had cleared the debt of circa £700 from the account.

[Dazza75]

No SAR info from the FOS as yet, but I guess due to current issues there is bound to be a delay so not massively concerned as yet.

 

SAR info from the bank today. Not devoured it 100% as yet but a couple of bits standing out.

 

I will type out some of the bits that interest me as they show some liability which I think the solicitors are trying to say there isn't any.

 

Quote

 

30th April 2019 'Person I spoke to on the phone about my complaint has recorded the following on their system'

 

I have advised we cannot now go any further with the claim, and as a complaint we would be looking to compensate for the errors which I felt £70 was appropriate for forms being lost but wouldn't look to refund the disputed amounts (£788.73) and he would have to speak to Amazon (which if his evidence is as strong as he says it is, I cant see why they would say no as they have been with us every step of the way)

 

 

Quote

 

30th April 2019 same person.

 

Advised I have spoken to next level complaints team who have agreed we would not refund the whole amount as a charge back is never guaranteed to succeed. I have said we would look to offer £150 D&I for the error with the forms, but customer does not accept and wishes to take further.

 

 

So, he is admitting there that they lost my forms (evidence) which were then not attached to my file. Their solicitors said the evidence was not attached to my claim as it was received a few days after the deadline. It was received a few days after but was sent within time, and the FOS also decided that the 10 days they gave me to send my evidence was not enough. So bank saying evidence not attached as was lost, so that's why I lost the claim as no evidence attached. Solicitors saying I lost the case as my evidence was received too late.

 

Quote

 

13th November Email from Barclays to FOS

 

Dear

Thank you for your call earlier today. I have asked a colleague to check the CIFAS system and have included the information found. I hope this assists your investigations and if you need anything furhter do not hesitate to ask. Kind regards.

 

 

There is no further info regarding this in the paperwork, so they have not included it.

 

Quote

 

29th November 2019 - Email from Barclays to FOS 

 

Dear

Thank you for your view in relation to MR XXXXX complaint. I would like to accept the view as I feel the conclusion is a fair and reasonable conclusion.

 

When reviewing this case I can see there was an outstanding balance on the account when closed. This means that the actual money is owed to the bank as a temporary credit was utilised by Mr XXXXX. This will mean that I will need to credit this account into an internal account to bring the amount owed to zero before amending the credit file.

 

Is this an acceptable way to conclude this issue. I look forward to your response. Kind regards.

 

 

Quote

 

29th November email fromHardeep FOS to Barclays bank.

 

Dear

Thank you for your email. The way Barclays conclude the issue is fine, as long as Mr XXXXX credit file is not adversely affected. The settlement involves a change in favour of Mr XXXXX after the compliant was accepted as a case on 22nd August 2019, which is how we will record the outcome of this case for statistical purposes. The product type being complained about has been recorded as current account. I have said that you will be in direct contact as soon as possinle to complete the settlement. I have asked to be informed if any problems or delays arise in arranging settlement. I am now closing my file on this case, thank you for your help in resolving the matter.

 

 

Quote

 

Notes added to the system by the above person at Barlcays Bank 29th November 2019

 

I have made the decision to overturn the claim as a result of the progress of the claim and that the information provided by Mr XXXXX was sufficient to confirm Amazons liability. This means that the customer has not had the charge back process completed accordingly. Initially I have gone to the adjudicator to confirm the settlement would need to credit the closed account due to the outstanding balance as Mr XXXXX has utilised the temporary credit and I am waiting a response. I will change the credit file once the funds have been cleared.

 

 

Quote

 

Email from Barclays to Hardeep FOS in February after I emailed him to let him know nothing had been done to conclude the issues with Barclays.

 

Due to the FOS not clarifying what they expected given the information we provided nothing was credited. I couldn't amend the credit file as there was still an overdrawn balance owed. I hope this helps and if you need anything for the case do not hesistate to contact me.

 

 

I know its a bit all over the place, but out of the documents, these are the bits that say something relevant and I wanted to get them on here and make them as clear as I can for you.

 

 

 

 

 

 

 

 

 

 

Edited April 2, 2020 by BankFodder
Organise the correspondence into separate quoted text blocks

[Dazza75]

I have typed it out word for word, its all correct. The person at Barclays that Hardeep FOS dealt with has admitted completely that the error is theirs.

 

I have already submitted a claim via moneyclaimonline against Barclays with regards to the SAR and have had a confirmation letter from moneyclaimonline that its being processed.

 

The last letter you dictated for me was sent to their solicitors immediately and again no reply. So when you are giving me detailed letters to send to them, either asking for them to confirm things, or stating facts, they do no reply at all.

[Dazza75]

I issued the claim a little later as I couldn't get around to it for reason explained previously re 999, but was done on the 30th March and they have until the 18th April to reply.

 

There are pages of info in this very small package of SAR documents that were not there in the bundle sent to me in January. These are the communications between them and the FOS. Also some documents from Amazon to Barclays last year, around February time. I also cannot see a page where they give their codes and what the codes mean on their paper work. I did specifically request this in my second SAR request.

[Dazza75]

2 hours ago, Dazza75 said:

Email from Barclays to Hardeep FOS in February after I emailed him to let him know nothing had been done to conclude the issues with Barclays.

 

Due to the FOS not clarifying what they expected given the information we provided nothing was credited. I couldn't amend the credit file as there was still an overdrawn balance owed. I hope this helps and if you need anything for the case do not hesistate to contact me.

 

Quick note. When I contacted Hardeep in February to tell him Barclays had done nothing, he spoke to them then rang me. He said they have not completed some of the actions as there is still an outstanding amount on the account (so he was saying they had completed some actions (they hadn't completed any) but even after doing that, I still had some outstanding balance on the account, and for this reason they couldn't complete all actions) Now, its clear that there wasn't another outstanding balance, they were talking about the original debt balance, and it was still outstanding because they didn't clear is as they advised they would in November 2019.

 

2 hours ago, Dazza75 said:

I have said that you will be in direct contact as soon as possible to complete the settlement. I have asked to be informed if any problems or delays arise in arranging settlement. I am now closing my file on this case, thank you for your help in resolving the matter.

 

Hardeep asked them to contact him if there were any issues at all, and they didn't. They also didn't get in touch with me. So it seems they just didn't bother doing anything back in November 2019.

[BankFodder]

Wait until the return date the claim form. We'll see what happens. If they acknowledge then I think that will write to the solicitors. If they don't acknowledge then apply for judgement immediately. Keep a close eye and as soon as the deadline comes up go in and apply for the judgement. Don't waste a minute

[BankFodder]

Keep on going through the SAR as per the advice given on how to handle your court bundle – get it all organised so you know what then what's not there and what to look for when eventually Barclays provide the disclosure – which they may do soon, or certainly after they realise there is a claim against them, I would have thought it will happen in short order

[Dazza75]

No actual update and have heard from no one, but for some reason I had a genetic email last week from Barclays to let me know how they are helping their customers during the COVID 19 situation, and a letter today that says.

Quote

 

Dear Mr XXXXX

 

Thank you for choosing to bank with Barclays,

 

Your alert preferences for the account ending 6206 have been updated. You've enrolled to receive alerts to help you avoid returned payments and reduce borrowing fees if applicable.

 

Please make sure you've given us your current mobile phone number. If we don't have it, you wont receive these alerts and may be charged avoidable borrowing fees.

 

You can update your mobile number and your alert preferences in online banking or by contacting us in your usual way - by phone or in branch as applicable.

 

Yours sincerely.

 

Your Barclays Team.

 

 

I thought maybe they had re-opened the account but I have just tried to log in and it still doesn't let me. Odd because since the account was closed in May 2019, there has never been any correspondence of any sort.

 

Still not a word from them or their solicitors regarding any of the emails we have sent recently, we've asked questions about what are they doing ref the cifas, and the delinquent account, and nothing at all. Are the solicitors just allowed to ignore me in this way? Surely there is some sort of duty to communicate with me if I am asking them specific questions?

 

The annoying thing is, within the bank SAR info, on the 29th Nov the person at Barclays who dealt with the FOS fully admits the charge back wasn't handled correctly by them, so they have admitting liability, and yet are still not trying to sort any of it out or communicating with me. I really am amazed.

[BankFodder]

It just shows you what a load of idiots they are.
Monitor the return date and put in for judgement as soon as it lets you.
 

 

Don't be surprised though that despite all the disruption in the virus et cetera – they will find a moment to put in an acknowledgement and then eventually a defence. This is the way they prioritise things. They spend more effort on defending their wrong doings than they do getting things right.

[Dazza75]

This is the communication I had from the FOS after I sent my SAR request a month ago.

 

Quote

 

I work in our Information Rights team and part of my role is to respond to requests for information.

 

As you’ve asked for a subject access request, we’ll include any correspondence we’ve sent to you and you’ve sent to us/ any call recordings/emails/correspondence between our service and the business which relate to your complaint. But if there is any information you’d rather us not send – for example, if you don’t require recordings or correspondence you’ve sent us – please let us know as soon as possible, as this will help us speed up the processing of your request.

 

In order to keep the information secure as possible, we generally send information electronically by uploading everything to an online portal, which only you and us will have access to. We’ll send you an email with a link to the documents when they are ready. You’ll then be able to download and save the files.

 

A copy of our privacy notice for consumers, which explains how we process and share your data is available here.

 

Under the General Data Protection Regulation and Data Protection Act 2018 we have one month to process your request. So we’ll be back in touch by 9 April 2020. 

 

Kind regards

 

Elizabeth

 

 

I haven't heard from them since. If they are sending it in the post then I am sure there could be a delay but it does say they generally do it via online portal.

[BankFodder]

Quote

Dear Elizabeth

Although the 30 days statutory period for responding to subject access requests has now passed, I have still received nothing from you – and not even any kind of correspondence.

I expect as much from Barclays bank – but I don't expect it from the FOS.

I understand that we are in the middle of the crisis but I don't understand why you can't at least communicate with me and let me know what's happening. In your letter of X X X date you made it clear that you will be back in touch with me by 9 April. You have not done this.

You are now in breach of your statutory duty and I should be sorry to have to start making complaints against you in addition to Barclays bank.

Please will you respond immediately and also please will you let me have the disclosure of personal data which you are required by law to provide me with.

Yours

 

[Dazza75]

16 minutes ago, BankFodder said:

I agree that they have nowhere to go but you can be certain that if they defend – they will sign a statement of truth denying everything. Just wait and see

 

I have it in black and white that it was mishandled and the FOS paperwork will state the same, whats written can't lie and I will fight them all the way with that. Thanks for that letter, I will send it off this evening.

[hello12345]

Here's a link I that you might be interested in if you haven't seen it. I'm not sure it will help but I will post it anyway.

https://www.bbc.co.uk/news/business-19511542

[BankFodder]

Thanks for this. I haven't seen it for years and I'm glad you found it. I thought it had been removed.

I'm afraid that part of this article is incorrect and I've been trying to contact the BBC about it but I couldn't find it.

The article was written shortly after the introduction of the regulations and so the full import of the regulations hadn't been fully appreciated. The article suggests that you take the unfair treatment and imply as a contractual term. This is pretty convoluted stuff – but in fact the regulations are far more powerful than that.

There is no need to imply a term into a contract. The regulations give a direct right of action for breach of statutory duty and that's what makes the regulations so powerful.

We have assisted in three or four actions involving these regulations. I can tell you that the results were amazing because the banks bent over backwards to prevent the court action continuing and in fact paid more than was actually being claimed in order to settle.
Of course I can't say for sure that this is why the banks reacted in this way – but it certainly was the kind of reaction I'd never seen before in respect of any other kind of court claim. I have the distinct impression that the banks are extremely concerned not to have a judgement against them for breach of statutory duty.

In one case, one of our users sued NatWest for £200. Once he issued the papers, the bank was very anxious and their lawyers started contacting him. I believe that they made him an offer of about thousand pounds and I was astonished when he refused the offer. In fact I got rather worried for him but he was absolutely determined. The last thing I heard was that the lawyers for the bank and want to discuss a payment of £7000. The claimant then disappeared from our view and I'm afraid that I was left wondering whether in fact he had accepted £7000 or maybe a bit more that part of the deal was that he would no longer have any dealings with us and not update his thread.

 

In another case, one of our users sued Santander in respect of a bounced cheque when in fact there were funds in the account. He secured a default judgement for the breach and then Santander woke up and moved heaven and earth to try and get the judgement set aside. His original claim was for £1000. I have a feeling that Santander paid out eventually about £6000 including costs.

As I say, these are really just anecdotal and it's not possible to be certain.

However, the main reason for this post is to say thank you for finding this article and now that you have identified it I shall be contacting the BBC again to see if it can't be amended – or if not then probably it should be removed.

[Dazza75]

I have had a reply from the FOS - They say I will have access to the info a week today at the latest and the delay is due to staff shortages.

[BankFodder]

Well if they are offering you the possibility of judgement then click it through now. You will soon find out if it refuses you. Then you can try again later

[Dazza75]

It isn't letting me do it yet which is a pain. The end date was yesterday. Due to it ending yesterday, does this mean it will allow judgement tomorrow as the next working day, or will I possibly have to wait till after midnight - so Tuesday morning. Also if I do get the default judgement, can they appeal that? 

[BankFodder]

Just keep on trying. If it hasn't allowed you today then try it after 5 o'clock this evening and then again tomorrow.

If you get a judgement then they can apply to have it set aside – and I expect that they certainly will apply – and you can object. We will help you consider your options when the time comes.