Won FOS Complaint but Barclays not complying

[Dazza75]

It's finally let me seek judgement. Served to Barclays Bank head office.

 

Quote

 

Judgment

Claimant

Mr XXXXX

 

Defendant

Barclays Bank

Judgment Type

The defendant has not filed an admission or defence to my claim.

 

 

Judgment Details

Immediately

 

Amount of claim as admitted

£200.00

Court fees shown on claim

£25.00

 

Amount payable by defendant

£225.00

 

Signed

XXXXX

21/04/2020

 

 

[BankFodder]

Okay – well done.

However, you should not start thinking of this as a significant victory. First of all, the issue hasn't been tried in court so it is symbolic. Secondly, they are highly likely to apply for a set-aside. You would normally agree – but in the circumstances that there has clearly been a breach of their data protection statutory obligations, you may as well object. They clearly have received the papers, they have been aware of the issue all along – and there really is no defence.

Of course they will say that there is a defence then they will sign a statement of truth to that effect – but that will be the usual abusive nature of this organisation which will spend more on trying to get set-aside then it would cost them simply to pay you out.

I suppose I'm not completely up to date with the latest online developments for Moneyclaim. Normally you would wait until a copy of the judgement had arrived through the post – but this looks to me as if it is a judgement which has been granted. If that is the case then the next step would be to begin the enforcement process. Is there anywhere on the Moneyclaim website which now allows you to move to enforcement. Unfortunately because it's less than £600 it will have to be enforced by county court bailiffs which is not very frightening – but you may as well put it in hand as soon as possible.

Also, you will have to remind me, are there aspects of the SAR which still remain unsatisfied? If so then I think that we will have to begin suing them again.
Oh how we laughed.

[Dazza75]

A number of things amaze me with Barclays. Firstly they offered £75 compensation, then £150 compensation, this time last year for their errors. I refused this and said I will be making a complaint to the FOS. Once I did that, the FOS charged them £550 for this complaint. Combined, the £550, and £150 is almost the entire cost of the screwed up charge back which they have admitted in black and white that they mishandled. 

 

Secondly, as I said, they have admitted in black and white on paperwork that I have here, that they mishandled the charge back, so accept responsibility, yet the delinquent account is still registered with credit reference agencies, there has been no word about the CIFAS, which would mean it is likely to still be there, and they are using the services of solicitors which no doubt costs a fair bit of cash. 

 

I mean seriously, throwing money away for no reason, when they could have just sorted out the mess that they created at much less cost. It is truly amazing.

 

On the moneyclaim website, it says the judgement has been 'Requested' and payment is required immediately.

 

There is no enforcement option just yet, maybe once it has changed from 'Requested' to 'Issued'?

 

On the SAR, it mentions some sort of CIFAS question, where FOS asked about it, and says the info is below as requested (or something similar to that) but there is no CIFAS info, also there is no 'KEY' to let me know what their codes mean. I did specifically ask for that in my letter to them.

[BankFodder]

Okay, wait until the judgement is secure – then we will send them a further 14 day letter of claim and begin the process again.

The rest of the incompetence and unfair treatment we will save for later.

Incidentally, it's perfectly possible for them to file the defence before the judgement is sealed and I'm afraid that that will be given priority over your judgement application.

[Dazza75]

5 hours ago, BankFodder said:

Incidentally, it's perfectly possible for them to file the defence before the judgement is sealed and I'm afraid that that will be given priority over your judgement application.

 

I understand. It is a bit confusing. Because the 14 days ended Saturday, they were allowed Monday as an extra day, and as of midnight last night it was completely over with. I read that if they submit on a weekend end date and they sent a defense by post, which arrives on the weekend then it does take priority, but because there was still nothing as of last night then I am pretty confident its over with, unless they apply for it to be set aside obviously.

 

When I requested judgement, it asked how soon do I want payment. So, immediately, by a certain date, or by installments. I chose immediately as you can imagine and so although it says Judgement Requested - I think that's more of a manual processing thing possibly, or just when the system recognises there has been no defense by the set time and any defense received after midnight last night would be too late.

 

Also it says judgement will be sent to them at the head office in London and I think it said I can then take steps to recover after 7 days if I hear nothing from them.

 

I will receive something in the post regarding the judgement and I'm sure that will explain it better than I have.

[BankFodder]

By the way, here is the wording of the new statement of truth that they will have to sign if they want to apply for a set-aside

 

Quote

“…I understand that proceedings for contempt of court may be brought against anyone who makes or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

 

[fkofilee]

I think you are lucky... But hear me out - Im not being stupid here.

 

You have a CIFAS Marker but still have a Bank Account - Most people with CIFAS usually get it for AML. Then they dont get a Bank Account for 6 years ¬_¬

You have a judgement against Barclays effective from yesterday which for me is unprecedented. Yes they will try to set aside but literally Ive never seen a situation like this before.

 

I said 29 days... Its now 28 I believe - Roughly... Until this will show up on Barclays Company Profile if not paid etc...

Given the situation - I wonder if it will get missed!

 

Although my hope with the case is that they would have defended and lost and be forced to remove the CIFAS marker and correct your issues. 

Enjoy your peace

[Dazza75]

I am happy with where we are at presently, and it's great. They have really screwed me over and they still don't seem to care. On the SAR paperwork they fully admit on 29th November 2019 that my charge back was valid and they mishandled the situation, yet that Cifas will still be there 5 months later and the fact is it shouldn't have been there at all - but they don't care. So I have a Cifas for absolutely no reason whatsoever, that is a joke and they will be paying for that. I have the bank account because of your advice, so thank you for that, and I am extremely grateful for all the help, I could never have done it all on my own  

 

I can't see them missing the judgement as I am sure people are still at work in the head office because someone would have to be, but it would be quite funny if they didn't.

[fkofilee]

What if they pay just to make the judgement go away though before the 28 days in settlement though...

Youre still stuck with CIFAS... I wanted them to defend so they would have to answer to a judge about their behaviour...

[BankFodder]

There is no need to accept a settlement.

[Dazza75]

The Banking code of practice complaint should help with that, and if it doesn’t I will eventually get a solicitor. They can’t give me a Cifas for multiple encashment fraud when they’ve admitted in writing to the FOS that there was no multiple encashment fraud committed. That doesn’t make sense so it can’t happen no matter how they try to spin it. 

[Dazza75]

[Dazza75]

It has changed. It now says the judgement has been issued to Barclays today. There is also the option to request a warrant.

[BankFodder]

Well I suggest that you request the warrant immediately. It will cost you about 60 quid but this can be added to the bill.

As I've already said, don't get too pumped up about this. There is almost bound to be a set-aside application at some point. However if you get a telephone call asking if you are prepared to accept any delay or anything then give them a very firm – No.

[Dazza75]

Warrant is issued. £77. I never get my hopes up, I have very low expectations in life. None of them have my phone number so they can't call me. So, we shall see what happens.

[BankFodder]

Okay. Maybe you could just bring us up to speed on the state of the SAR.

I remember that it was incomplete. Can you tell us what you think is missing.

[Dazza75]

So, the Key to the codes used by Barclays was not there, and I did specifically ask for that. Also any Cifas info they shared with the FOS was also missing. It was mentioned on the notes in the SAR request from Barclays as Hardeep asked about it, and they said the info is below, but there was no info there so they have left it out.

 

When I told Hardeep I was confident there was a Cifas against me in November 2019, he said he doesn't think there is, and also if there was it would not be due to this chargeback. So they either didn't tell him the truth, or they told him there is one but not for that reason. I'll be interested to see whatever that says.

 

FOS SAR is due tomorrow. They have had 30 days already and then said  I expect to have processed your request by the 24 April 2020 at the very latest. The time is up tomorrow. Any Cifas info divulged to the FOS should be in the FOS SAR information. Barclays have purposely missed it out, but I can't see the FOS doing this as they have no reason to hide it. Will have to see what happens tomorrow.

 

If I have not heard from them by midday tomorrow is it worth contacting them again?

[BankFodder]

Quote

Dear Hardeep

I'm dropping you this note is a reminder about the subject access request which I sent to you on X X X date.

I'm sure you will remember that you have already exceeded the statutory period of 30 days but I gave you a further 14 days which expires today. The data protection regulations are very clear that the 30 days is intended to be a maximum – not the working standard for producing data disclosure.

I have already obtained a judgement against Barclays bank for breach of their statutory duty as a result of their failure to conform to the data protection rules for disclosure. I certainly had not expected to have do deal with the FOS in the same way.
I look forward to receiving the disclosure later today
yours sincerely

 

[Dazza75]

Thanks BF, the letter worked.

 

I am in a FOS portal. As far as I can see there are only recordings of phone calls between FOS and Barclays, and FOS and me. Is that normal?

 

I cannot see any documents like emails. I am listening to the calls at the minute, it will take a while to figure them out but there is a small conversation regaring CIFAS, and the Barclays guy Hardeep spoke to in November 2019 said we wouldn't place a CIFAS for the reasons of my charge back failing and being overdrawn. So Hardeep says ''so its likely to be for something else then'' The guy at Barclays says he will find out and get back to him, but I cannot see anything on here that continues that conversation.

 

 

[BankFodder]

Well download everything. Listen to the conversations and make good notes of everything you hear and that means make notes which are short and relevant and also log the time during each recording of which the remark was made so that you can go back to it quickly rather than having to listen to the whole damn thing again.

Make doubly sure that any documents et cetera are not there and if you can confirm that then on Sunday we will do another letter.

Update us as to whether you find anything interesting. Don't forget that interesting means things which are present – and things which are not present but which should be present.

I can't imagine that the FOS will play silly buggers with you but on the other hand they are probably incredibly inefficient.

[Dazza75]

I have found the paperwork. I will go through all of it this weekend and document the calls.

 

One thing that is standing out is the CIFAS issue. There is a conversation about it on 17th February 2020.

 

Hardeep is saying, is the CIFAS a result of this chargeback, the guy at Barclays then starts to reply but the recording goes silent for 2 minutes whilst they discuss it. So from what I can gather, Barclays are saying the CIFAS isn't due to this chargeback, it is for a different reason but I cannot find out what as that information is missing completely from phone calls and emails.

 

The CIFAS is for Multiple Encashment Fraud. I haven't done anything which could lead to a CIFAS. Also, this CIFAS was placed the very day they closed my account. It seems I am unable to find out why the CIFAS was placed.

 

 

[Dazza75]

Can I make the FOS tell me the reasons Barclays have given to them for the CIFAS? The guy at Barclays is telling Hardeep why they placed the CIFAS and Hardeep is accepting their explanation. I am completely baffled and its annoying me now that they think they have a reason for this, and its been accepted as ok.

 

The CIFAS was placed on the exact day the account was closed. Surely there can be no other reason for it other than either the charge back, or something they have invented and believe to be true? On the CIFAS report it states the CIFAS is relating to my personal current account. The only thing that's happened with my personal current account is the chargeback issue.

 

Also, Barclays have sent Hardeep at the FOS 7 months worth of Bank statements from Oct 2018 to May 2019 with all of my transactions on there. I thought my personal transactions and buying history using my debit card would be confidental?

 

On the day they closed the account, the balance was minus £739.29. There is a payment from 'Barclaycard Northa Advice' of £739.29, which brings the account to £0 and then it is closed. From what I have found out, this is a manual payment from Barclaycard northampton. 

 

I have been through everythiing overnight. There really isn't anything there of any substance. I think everything is there that should be. 

 

Barclays didn't resolve this issue in November 2019 because they said, apart from the chargeback, there was another outstanding amount on the account that needed to be cleared by me. There was no other outstanding amount.

 

Barclays told their solicitors, that they did not have my bank details to pay me any compensation or return my own funds. This is not true as there is an email from Hardeep to Barclays with bank details on them to make these payments in November 2019.

 

It seems the issues were not resolved in November, after the FOS decison because the person at Barclays just simply didn't do it, and that's it. It wasn't done because they didn't do it.

 

9 hours ago, Dazza75 said:

 

[BankFodder]

I think that if Barclays felt that your transaction history was relevant to the FOS enquiry, then they will be entitled to supply it. I can't imagine that the FOS would breach the confidentiality so I don't think that there is too much to complain about. Also I think it is worth keeping the complaints as limited as possible and as relevant as possible.

Although we need to check, I believe that where data is withheld from a disclosure then the data subject has to be told about it and the reason for the withholding. Let's check that out before we make an issue of it.

I have to say that although the term CIFAS has been bandied around a lot on this forum, I don't really know what the rules are – and so this needs checking up as well. I wonder if you are entitled to make an SAR request from CIFAS.

What are the rules for applying a CIFAS marker? If you feel that a CIFAS marker has been unfairly applied, then surely there must be a complaints route. Is it with the FOS or is it with CIFAS?

Are you sure that you actually have the CIFAS marker applied against you? Have you checked your credit file? Could you please tell us where you see this and what it looks like

[BankFodder]

I've just found this CIFAS video and I think it will be good idea for you to watch it and then to follow the instructions.
 

 

This means that you should start off by sending an SAR to CIFAS. I suggest that you do that straightaway – and make sure that you include all the identity information they require in order to make it as quick as possible. You can make the application online and you will find the link somewhere on this website https://www.cifas.org.uk/contact-us/subject-access-request

 

Secondly, has the complaint that you have made the FOS actually change the CIFAS marker? I think that if you are going to get the matter looked at by CIFAS then you will need a final response that particularly focuses on a complaint against the CIFAS marker.

Please could you post up here in PDF format the complaint that was eventually made the FOS.

 

[Dazza75]

39 minutes ago, BankFodder said:

Are you sure that you actually have the CIFAS marker applied against you? Have you checked your credit file? Could you please tell us where you see this and what it looks like

 

Absolutely. I sent a SAR request to Cifas, I have it in black and white. Category 6 Cifas applied 30th May 2019 - 1st Party Fraud. Registered the day they closed the bank account.

 

When I mentioned the CIFAS to Hardeep, he said they could not deal with this case any longer as I had sent the letter to the bank stating I was taking action against them. So that is where my relationship with the FOS ended.

 

I do remember somebody saying that a complaint would have to be made to Barclays regarding the CIFAS, and then I would have to wait for a final response, before taking it further, but is isn't something I have ever done because I assumed it could be sorted out via their solicitors. However, whenever it is mentioned to the solicitors, they ignore it. So the answer there is to start a complaint with Barclays regarding the CIFAS?

 

I have just checked my credit file again, and it is still showing as a delinquent bank account. 

 

On 13th March, Danielle at the solicitors said ''In the meantime we confirm that the outstanding balance on your account has been cleared and we are corresponding with the Bank’s credit marker team to amend your record to reflect the FOS decision. We will let you know once this has been actioned.''

Edited April 25, 2020 by Dazza75