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Dazza75

Won FOS Complaint but Barclays not complying

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Wonder if I can get some advice please.

 

Started a charge back via Barclays (Amazon) in March. They asked for additional info which I provided.

 

Additional info/proof not attached to my file, but proved Id sent it via 1st Class recorded.

 

Barclays debited my account by over £700 due to the failed CB - Raised a complaint with them, offered £75, then £150 compensation, but I pay the debit amount of over £700.

 

I declined, as my charge back failed due to them not attaching my evidence to the case. Charge back was a clear case of sent back, with tracking via parcelforce so all easily proved.

 

Complained to FOS. Its taken a few months but just over 4 weeks ago FOS sided with me.

Barclays agreed that they acted unfairly and made critical errors with the charge back. They were given 28 days to make good.

They had to amend my credit file, I was advised this would take a couple of weeks, and Barclays would write to me to advise its completion.

Pay me £150 compensation for the hassle they have caused and return my £70 that was in the account previously, they would also cover the charge back amount as they admitted it was their error that caused the CB to fail.

 

During these passing months, Barclays closed my bank account, leaving me with no bank account at all.

The marked my account in Default with Experian

, I have been unable to open any other bank account because of this default (Ive tried 2) Natwest gave me an account, then withdrew the service 2 weeks later. Went to Co-op for a basic cash minder account, they refused me completely. 

 

The 28 day period to carry out all of the making good has now passed. FOS said they have to give them that amount of time.

 

As this has now passed, can I reject their offer and take it further?

They have caused me so much hassle,

they have admitted all issues were their fault, and now they are not doing what they said they would to make things right

. Its been a nightmare not having a bank account, and my credit file is still ruined and I've just had enough of being treated so badly by them, when it wasn't my fault in the first place.

 

Cheers for any advice.

 

28 days have passed. The default is still on my Experian credit file.

 

 

 

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If you have been refused for an account - Consider using Monzo / Starling as they are good in these situations. 

Check CIFAS - Get a bank account you can use and then lets make your next moves. 

If they have fully messed this up then you could be in line for a big victory. Im happy to help but need you to reach out to CIFAS and DSAR the bank. 


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Amazing story that Barclays are doing this.

Enforcing an ombudsman decision in the County Court is relatively straightforward. You begin with form N322 https://www.gov.uk/government/publications/form-n322a-application-to-enforce-an-award

 

In the application form referred to section 228 (5) Financial Services and Markets Act 2000.

Get the form and come back here for further information.

I think you could also apply for additional compensation by seeing them for unfair treatment under BCOBS.


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Retaliatory action by a bank closing an account during the bank charges debacle era was worth £1000's ...in compo


please don't hit Quote...just type we know what we said earlier..

 

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Thanks for the replies. On Equifax (not experian sorry) it says there is no Cifas, which surprises me as The Co-operative bank will only reject a cash minder account if you are bankrupt or have a cifas marker against you, and I am not bankrupt and never have been. So the only other reason is a Cifas marker, but it does say there isn't one on the Equifax credit file info.

 

I can SAR the bank. Is it still worth a SAR to Cifas?

 

When I refused the compensation of £150 in either March or April, the guy I spoke to on the phone said I need to pay the amount they debited for the CB, of over £700, I told him I would not be paying it and would be making a complain to FOS and he said that is my choice. I then received a letter telling me my account would be closed as it was in debit and they did close it. They said it would be passed onto the debt collection dept but no one ever contacted me again about the debt, not Barclays or any debt collection people.

 

A week or so later, a lady rang me to follow up on my complaint. I told her as far as I was concerned it was closed as Barclays told me this, but she said no, she is following it up. She asked me for info and a copy of the evidence I had originally sent it when they asked for it (this is the evidence they failed to attach to my case) I sent this to her. She rang again telling me I had not sent the items back to Amazon within 28 days, and therefor my CB would have failed. I then proved to her it was sent the day after it arrived via more tracking. She said she would look into it again and get back to me but she or Barclays never did.

 

FOS said they had seen a file from Barclays which said I had a very good case, but against Amazon. So they were saying I should take Amazon to the small claims court. But I had tried and tried with Amazon to get a refund and they told me they would refund, but never did.

 

It got quite complicated after a while.

 

So, FOS have said they cannot make Barclays give me my account back, and feel £150 compensation is a good deal.

 

Have the FOS let them off lightly? Do I contact the case worker again to chase them, or just take it further myself? I feel they have gotten away pretty lightly considering they have screwed my credit file and done nothing to makes things better even though they agreed to do so. It isn't money I am concerned with here, its just the fact that they have really treated me badly, and gotten away with it, I never did anything wrong.

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Yes to Cifas... You won't see it if its anything but a Cat 0 or 2

Check our credit file guide in my signature for more 


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Thanks fkofilee - I will do the Cifas online now.

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Will do, thank you all.

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SAR to the bank is the way to go.

 

It'll take a while for their response, and for you to go through the response very carefully, but it is well worth doing.

 

Go through the SAR data with a fine-toothed comb - it could serve you well.

 

 

 

 


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Just a quick update here.

 

Have sent a sar request to the bank and Cifas, will take a while for a reply, but once I have the info I will go through it thoroughly and come back for further advice.

 

Still nothing from Barclays regarding compensation, my own funds in the account which they have kept, or clearing the default on my credit file, so will leave it and await the SAR info.

 

Thanks again.

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Have received the data from Barclays Bank today. A few pages are blacked out so cannot see whats on some of it but going through it. Nothing jumping out at me at all. Is there something specific I should look for regarding Cifas?

 

One thing I have noticed, there is a section that says the following and is dated 30th May 2019 which is when they closed the account.

 

Group Segment Code B30 Closed by bank. DO NOT RE-OPEN

 

Segment code B32 Contact National Fraud Team. See notepad.

 

No other info there though regarding this.

 

Still waiting for the report from Cifas which I guess is going to give me the information I need.

 

Just checked my credit file with Equifax and still in default, so what they agreed to do due to the FOS decision, they have still ignored, I can't understand this as they agreed to do it and then contact me to let me know it had been done.

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Have you done anything about enforcing the FOS decision in the County Court? That should have been started by now.

Also it seems to me that they may have now breached their duties under the data protection act in terms of the disclosure.

Please follow the SAR link where we give you some advice about how to deal with your data disclosure in order to discover what's there and what's not there. What is not there can be just as important – or even more important than what is there.

Have you contacted the credit reference agency about this?


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I haven't taken any county court action as yet because I wanted to wait for the reports from the bank and Cifas, just in case that would be needed to prove anything, but also, as I haven't had any correspondence at all from the bank I'm not sure what I could have done. The case manager at the FOS has told me Barclays agreed with his solution and said they will do what was asked of them, but that email is all I have. There has been no official letter detailing what they will do, just that email from the FOS.

 

The FOS sent them a letter which was copied to me via email, they listed their ways of resolving this dispute and gave them a time frame to reply. Barclays didn't reply in this time frame, so I chased the FOS, who then chased Barclays, and he emailed me to say they had agreed with his findings and they will be carried out within 28 days. 28 days took us to the 29th December 2019 and involved amending my credit record. Paying off the debt circa £778, paying me £150 compensation, and returning my own money which was in the account at the time of closure. But as I say, the only evidence I have of this happening was the email from the FOS.

 

4 hours ago, BankFodder said:

Also it seems to me that they may have now breached their duties under the data protection act in terms of the disclosure.

Is this because there are a few blacked out areas on the report? Also, when you say follow the SAR link, what do I need to be looking at? I've clicked the SAR link but am not seeing what I need to look for I'm sorry.

 

4 hours ago, BankFodder said:

Have you contacted the credit reference agency about this?

 

Not yet, as I mentioned, I have nothing in writing from Barclays to confirm they will do this, the FOS have confirmed via email that Barclays will amend my credit record, and then send me a letter to confirm its done, but it hasn't been done and I have had no letter from anyone.

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Thanks for this. The FOS are pretty incompetent even on the good days and this seems to be one of their bad days.

I think you should email the FOS immediately and tell them that you want a proper written confirmation of their decision sent to you by post. Explain to them that so far you have had no official confirmation and so far also Barclays has refused to comply.
Tell them that this is causing you stress and loss and you consider that the FOS themselves are being dilatory. Tell them that you are intending to have the decision enforced in the County Court but you need proper written confirmation from the FOS before you can go ahead.

On the matter of your credit file I suggest that you contact the agencies and lodge a dispute against the entry. Challenge the entry – I believe that they are then obliged to refer to the body which case the marker there and query it.


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Hi.

 

Quick update.

I have contacted the FOS and asked for written confirmation of the decision made so that I can take court action.

 

I have had my Cifas report today.

 

It states.

Barclays Bank registered a 1st party fraud report against me on the 30th May 2019.

This is the date they closed my account.

 

Case Type: Misuse of facility.

Reasons: Multiple encashment fraud.

Cifas Filing:

First party fraud

- (Opening an account or other facility for a fraudulent purpose or the fraudulent misuse of an account or facility;

or taking out and insurance policy for a fraudulent purpose or the fraudulent misuse of an insurance policy and/or insurance policy documentation)

 

So, they told the FOS early December that my credit file would be amended and any negative reports would be removed, but as of today the account is still in default with Equifax and I still have the Cifas registered against my name.

 

I've looked up Multiple Encashment Fraud.

When they put the chargeback amount back into my bank account, which they did the day I made the chargeback, I spent the cash over the next couple of weeks.

 

I did this because I assumed I would win the chargeback due to the fact that I did everything required to win it.

me spending that cash, according to them is Multiple Encashment Fraud.

 

They are saying I fraudulently made a chargeback so that they would put that amount back into my account so I could spend it, and rip the bank off.

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Now that you have the proof - I think its time to consider taking legal action against the Bank. 

Remind me who made the decision at the FOS? Adjudicator or Ombudsman? 


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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The adjudicator made the decision. He sent a letter to the bank saying he believes I am in the right. They should pay the debit amount. Give me the cash back that was left in my account and also pay me £150 compensation. Then clear any default notices with Equifax. 
 

The bank and I agreed with his findings and because of this it didn’t go to an ombudsman. He also said Barclays would write to me once all completed. As I said nothing has been done. 
 

I emailed the adjudicator today and he has emailed a copy of his letter that he sent to them detailing the above. Then I have the email from him where he states they agreed with his findings and they will do as he said. 

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Okay well the implications are that it is not an Ombudsman and therfore doesn't have the same legal clout that an Ombudsman's decision would. 

 

However you still can go for it. I would suggest taking it legal now as if you have the letter... 

 

However we wouldlike to see all the docs you have minus personal details... We can then help advise how to go about this 😊


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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As soon as I get in I will post them minus the personal details. Thank you 😊 

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I didn't attempt to open one of those accounts because I wanted to wait and see if I had a cifas registered against me. I wasn't sure if it would affect my credit file further so thought it better to wait for the info from Cifas. I am able to use someone else's account at the minute so although its awkward, it was just easier for me.

 

Attached are the letter from the FOS to Barlcays advising of the suggested solution. In this letter it states I was paid £150 compensation, I wasn't and I did inform them of this.

 

CIFAS letter.

 

Emails between me and FOS confirming Barclays agree with the outcome.

 

 

 

 

 

 

docs1.pdf

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As a workaround for now... Sign up for Monzo... 

They work around the CIFAS side of it 😊😊

 

This will take a while x

Will look at docs after 

  • Like 1

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Thank you very much, I really appreciate your help with this, and I will complete an application with Monzo.

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