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Won FOS Complaint but Barclays not complying


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In the section where it says: Product relating to the application, proposal, account or facility - It says Personal Current Account. So the Cifas is for an issue with my current account. The only issue ever with this is the charge back. I need to open up a complaint with Barclays don't I and let that run to find out their actual reason for it. Will they tell me the reason, or just decide whether it can be removed or not?

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Yes, I agree. Start a complaint immediately with Barclays about the CIFAS marker. It doesn't prevent you from taking a legal action but you might as well get this underway. If you do take legal action then this will bring the parties enquiry to an end. Begin the CIFAS complaint immediately. I suggest that you try to do on the phone – but record the call.

Also I think that you should write to Hardeep on Monday and point out to him that the SAR disclosure is incomplete because there is no mention of the CIFAS marker and at the very least they are required by law to tell you what data is being withheld and the reason why it is being withheld.

Also, is there any reference to any of this in the Barclays SAR? Presumably not. In which case that is further evidence that Barclays have not complied with the data protection regulations because they haven't given you a complete disclosure

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I will ring Barclays today to see if I can do it over the phone but will also follow it up with a regstered letter on Monday so there is a paper trail.

 

There is no reference to Cifas on the Barclays SAR as such, Hardeep contacted them to ask about a possible Cifas, there are notes in the SAR that says an email is sent to Hardeep referring to this, but that information is not contained in the SAR. The emails between Barclays and the FOS are also not included in the Barclays SAR so they have not sent them to me.

 

In the FOS SAR, there are emails from Hardeep to Barclays asking about the Cifas, and 2 phone conversations between them both referencing the Cifas, but the voice reply by Barclays is silenced out and there are no return emails to Hardeep mentioning the Cifas, so both are witholding this information.

 

So to clarify, the FOS have sent me copies of emails between them and Barclays. Barlcays have not sent me copies of emails between them and the FOS. I did ask for this in my 2nd SAR to the bank, I specifically said I want everything that has been shared with 3rd parties.

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Record the call. Read our customer services guide and follow the advice – especially about making sure that they have written down what you have told them to write and not something completely different.

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Barclays will confuse the issue. They will tell you that tipping off is illegal under AMLR.

But the issue here is that there is no AML involved here so tipping you off isnt a risk.

 

You might think im mad when I say this but I think I put the 4 criteria for a CIFAS Marker to be registered which i may have posted before. 

Not many people within the Bank will know what CIFAS is and even fewer will be able to register markers. 

 

The criteria that Barclays have used they should beable to give you on this occasion. Did i advise you to complain to CIFAS? I have seen markers overturned by CIFAS from overzealous firms.  

 

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Sorry but there is more at stake than just simply get the CIFAS mark overturned here. It's also a question of producing the evidence to show that there's been an abuse of the CIFAS system – which there appears to have been.

Regardless of whether or not there is evidence or whether Barclays staff understand it, you must begin the complaint and tell them that you are giving them eight weeks as required by CIFAS and then it will be forwarded to CIFAS. Make sure they understand that this is not an FOS complaint. I can imagine that they will try to say that it has already gone to the FOS. They must understand that this is a separate complaint and which turns purely on the CIFAS marker which you believe has been applied abusively and that you want a final response within eight weeks and then you will be going to CIFAS.

Make sure all of this is recorded. It's essential. I'm sure that what has happened here is that someone of Barclays either didn't know their job or else decided to be vindictive in respect of the chargeback and simply apply the marker. Now they are not sufficiently big enough or transparent enough for honest enough to come clean.

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19 minutes ago, fkofilee said:

You might think im mad when I say this but I think I put the 4 criteria for a CIFAS Marker to be registered which i may have posted before. 

Not many people within the Bank will know what CIFAS is and even fewer will be able to register markers. 

 

The criteria that Barclays have used they should beable to give you on this occasion. Did i advise you to complain to CIFAS? I have seen markers overturned by CIFAS from overzealous firms.  

 

 

I understand. In my follow up letter I will add the criteria and ask them to confirm that I satisfied all 4. I contacted CIFAS to complain and they said it has to go through the banks complaint process first.

 

BF - The FOS have never investigated the Cifas so the bank cannot say its been dealt with. Also as mentioned. The bank via a phone conversation do give an explanation for the CIFAS to Hardeep, and he accepts the explanation. It's funny how they can tell him all about it but not me. Then Hardeep has 'suggested' to me that is isn't due to the charge back. So they have told him it definitely isn't for this reason.

 

What is glaringly obvious is the CIFAS marker was placed the exact same day as they closed the bank account so I really cannot understand how they have explained this away to the FOS. Unless they have lied, or believe its for a different reason, or someone was over zealous at work one day. It's very confusing but I am looking forward to finding out.

 

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Quick question. Are Barclays allowed to tell Hardeep and the FOS that I have a Cifas and what it’s for? The paperwork and phone calls indicate that they have done so which is why they are blanked out and silenced. The FOS isn’t a financial institution is it? It’s more of a complaints body against financial institutions? If they have done so would it be a breach of data protection?

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I think you are struggling to find issues now. I don't see any problem with Barclays and FOS discussing all of the minute details referring to your financial situation.

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Hardeep did tell me he would ask them if there was one. But telling Hardeep what it’s for wasn’t necessary. No one will tell me why I have one, and it’s me that has it. 
 

The bank are willing to tell other people what it’s for, when the reason for it isn’t really FOS business and wasn’t part of my complaint. Barclays could have said a simple yes or no. 

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There's no point in beating on about this. Implement the suggestions I made above. Let's see what turns up

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On 25/04/2020 at 10:06, BankFodder said:

Sorry but there is more at stake than just simply get the CIFAS mark overturned here. It's also a question of producing the evidence to show that there's been an abuse of the CIFAS system – which there appears to have been.

Regardless of whether or not there is evidence or whether Barclays staff understand it, you must begin the complaint and tell them that you are giving them eight weeks as required by CIFAS and then it will be forwarded to CIFAS. Make sure they understand that this is not an FOS complaint. I can imagine that they will try to say that it has already gone to the FOS. They must understand that this is a separate complaint and which turns purely on the CIFAS marker which you believe has been applied abusively and that you want a final response within eight weeks and then you will be going to CIFAS.

Make sure all of this is recorded. It's essential. I'm sure that what has happened here is that someone of Barclays either didn't know their job or else decided to be vindictive in respect of the chargeback and simply apply the marker. Now they are not sufficiently big enough or transparent enough for honest enough to come clean.

This is correct the management at sharklays are vindictive knowing they have power and control and get kicks out of it, and their staff have to do what they are told, that's the reason they are quite often in the news every other week.

One guy nearly lost £193000 as he made a mistake on one digit of a sort code and the money went into somebody else's  account and they said they couldn't get it back and offered him about £25 in compensation. He spent about 46000 in a court case to get it back.

https://www.dailymail.co.uk/news/article-7766083/Pensioner-loses-193-000-inheritance-getting-one-digit-wrong-sort-code.html

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  • 2 weeks later...

I have had an email from their solicitors today. I've tried to separate it out a bit as its pasting on here as a block of text, so apologies if its difficult to read.

 

The claim was sent to Barclays Head Office. On the Moneyclaim website it asks who is the defendant and what is their address. The solicitors are not the defendant which is why it was not sent to them.

 

They are also asking me not to enforce judgement, but I issued the warrant last week.

 

Quote

 

Dear Mr XXXXX

 

I am writing in relation to the above claim number.

 

Please note that I have taken over conduct of this matter form my colleague Danielle Russell and all future correspondence should be sent directly to either [email protected] or [email protected].

 

We are aware that you have issued proceedings against the Bank under the above claim number and that you subsequently obtained Judgment in Default on 22 April 2020. At present,  we understand that the Bank has no record of this claim having been received by it. Please therefore provide us with a copy of the (i) Claim Form and (ii) Particulars of Claim, as a matter of urgency. We are happy to receive these documents via email to [email protected].

 

Based on the information that is available to the Bank at this time, we intend to file an application with the Court asking it to set aside the Judgment because the Claim Form and Particulars of Claim do not appear to have been validly served. You will recall that you were informed on 6 and 25 March that TLT LLP was authorised to accept service of any court proceedings. However, it appears that you have proceeded to issue proceedings and serve them directly on the Bank. In the circumstances we consider that the Court will have no discretion other than to set aside the default judgement.

 

We will also be asking the court to grant an order immediately staying any enforcement of the Judgment. We ask you to please urgently confirm that no steps will be taken to enforce the Judgment until our client’s application is heard.

 

Costs

In our application, we will also seek an order that you pay the costs associated with the application (which will exceed the value of the judgment you have obtained against our client). In the interest of saving time and costs for all parties, please confirm whether you are willing to consent to the application, in order to provide the Bank with an opportunity to properly respond to your claim. If you are not willing to consent to the application, we will refer this letter to the court when the application is heard (including on the question of costs).

 

Please confirm by 3:30pm today:

1.     You will take no steps to enforce the Judgment until our client’s application is heard by the court; and

2.     Whether you consent to the application to set aside the Judgment. 

In the absence of confirmation being received by 3:30pm today, we will proceed to make the application, seeking our client’s costs, without further reference to you.

 

We look forward to hearing from you.

 

If you are unsure about your position, we suggest you seek independent legal advice.

 

Yours sincerely

 

Claire McCormack

Legal Assistant

for TLT LLP

😧 +44 (0)333 006 1462

F: +44 (0)333 006 1493

 

 

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The usual threatening rubbish from bully boy Barclays and their bully boy lawyers.

Don't bother to respond for the moment – but we will do.

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They sent it at 2.13pm. Giving me 1 hour and 17 mins to reply. I don’t feel threatened at all. 
 

They are saying that Barclays are not aware of any of this, but if they aren’t then how would their solicitors know?

 

Thanks for your reply BF. I wasn’t concerned or scared at all but I now feel confident with my thoughts on this. 

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Quote

You will recall that you were informed on 6 and 25 March that TLT LLP was authorised to accept service of any court proceedings. However, it appears that you have proceeded to issue proceedings and serve them directly on the Bank. In the circumstances we consider that the Court will have no discretion other than to set aside the default judgement.

 

 

CPR 6 .7

 

Service on a solicitor or European Lawyer within the United Kingdom or in any other EEA state

6.7

(1) Solicitor within the jurisdiction: Subject to rule 6.5(1), where –

(a) the defendant has given in writing the business address within the jurisdiction of a solicitor as an address at which the defendant may be served with the claim form; or

(b) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within the jurisdiction,

the claim form must be served at the business address of that solicitor.

(‘Solicitor’ has the extended meaning set out in rule 6.2(d).)

(2) Solicitor in Scotland or Northern Ireland or EEA state other than the United Kingdom: Subject to rule 6.5(1) and the provisions of Section IV of this Part, and except where any other rule or practice direction makes different provision, where –

(a) the defendant has given in writing the business address in Scotland or Northern Ireland of a solicitor as an address at which the defendant may be served with the claim form;

(aa) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within Scotland or Northern Ireland;

(b) the defendant has given in writing the business address within any other EEA state of a solicitor as an address at which the defendant may be served with the claim form; or

(c) a solicitor acting for the defendant has notified the claimant in writing that the solicitor is instructed by the defendant to accept service of the claim form on behalf of the defendant at a business address within any other EEA state,

the claim form must be served at the business address of that solicitor.

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On the money claim online form it says to serve to the business at the business address so that is what I did. 
 

My last 2 emails to the solicitors in March went unanswered and there has been no correspondence since even though they were supposed to confirm Barclays had amended my credit record. How could I be sure they were still representing the case? 
 

I sent the claim to Barclays as that was the only way I would know for sure that it would be received by Barclays. 
 

 

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Don't worry. We'll put it all together and if they are sensible they will use this as an opportunity to try and sort out the whole problem. Just monitor this thread

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How did they “inform you” on 6th and 25th March?

Was it “in writing”, and (if in email) had you agreed to service of documents by e-mail?

Edited by BazzaS
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2 minutes ago, BazzaS said:

 

How did they “inform you” on 6th and 25th March?

Was it “in writing”, and (if in email) had you agreed to service of documents in e-mail?

 


When I emailed Barclays to inform them I was taking action I gave my email address to them as a means of communication. They passed this onto the solicitors. I don’t recall agreeing to the service of documents in email with the solicitors. 

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There is one on the 25th March. I can’t see one for the 6th March. I will look again when I’m home but running through the emails on my phone there was no correspondence at all on 6th March. 

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I've just drafted a fairly long letter to Barclays – and rather than post it here for the moment I've sent to you by email.

Please would you have a look and respond to me.

I'm not trying to take this off forum – we will eventually post it here.

I have to say that I wasn't aware of CPR6  but certainly the wording of it does say that the solicitor has to tell you in writing that they have been "instructed" to accept service. The only wording I can see in any correspondence sent to you by solicitors amount simply to an invitation to serve documents upon them. I think that is a reasonable distinction – especially as you are a litigant in person – and especially as communications seem to have broken down.

Let me know about the letter

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By the way, did we discuss whether it should be served on the solicitor or the bank?

Also, are you sure that the money claim form doesn't offer you a different address for service other than the address of the defendant? Are you able to check that out?

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19 minutes ago, BankFodder said:

By the way, did we discuss whether it should be served on the solicitor or the bank?

Also, are you sure that the money claim form doesn't offer you a different address for service other than the address of the defendant? Are you able to check that out?

 

We didn't discuss who the claim is served against no. I will run through a claim on the site now and see what happens.

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