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Dazza75

Won FOS Complaint but Barclays not complying

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 This is terrible - Ive read the Ombudsman Letter in full - That is seriously wrong... 

And this is coming from me of all people. 

 

Lets have a look and start the process.


 

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**Fko-Filee**

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Wrong as in the FOS adviser is wrong, or what Barclays did is wrong?

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One more thing to mention. Having received the bank info after the SAR to them, there is no mention of a cifas marker on the paperwork they sent to me, is it possible this is in the blacked out parts of the paperwork and are they able to cover that up in their own paperwork?

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Hi Dazza

 

Sorry I missed you on your last post. 

Banks typically wont do so as it can be akin to *Tipping Off* in some cases. 

 

Next steps in this case will be refer to an Ombudsman if you still can because Barclays are not complying. Lets take this slowly. 

Are you now with Monzo? Its a full fledged bank covered by the FCA / FSCS so youll be protected. 

 

Once you have it locked in with the Ombudsman and a formal decision is made. It becomes legally binding. 

Lets see how you get on :) I am always around and get email notifications - But not always able to respond straight away. 

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We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Should I open up a new complaint with the FOS or go back to the guy that made the decision and ask him to escalate it? Also, I did agree with the decision this adjudicator came up with, but obviously Barclays failed to complete even after agreeing so I wonder if I can reject the offer now and take it further? 

 

Monzo sorted thanks!!

Edited by Dazza75

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No, when I messaged the adjudicator asking for a copy of the decision, due to barclays ignoring his decision, he just sent a copy of the decision and said nothing else. So he knows they have ignored him, even though they agreed with his outcome, but said nothing about it. I have left it since then as wasn't sure what to do.

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I think you should escalate to an Ombudsman. 

But as part of that - They must remove the CIFAS marker as part of the final response.


 

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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Ok, I will email them now and ask for it to be escalated.

 

Thank you!!

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No worries. Lets see what happens. 

Also if we help you - Please consider making a donation to the site if you havent already. 


 

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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I have just recently had another case come up for another poster. 

But Ill post here too... 

 

Note Principal 4 On CIFAS 

 

Principle 4: Lawfulness (Standard of Proof)

Cases filed to the National Fraud Database must be supported by evidence and meet the ‘four pillars’ of the Standard of Proof. The Standard of Proof is:

  1. That there are reasonable grounds to believe that a Fraud or Financial Crime has been committed or attempted;
  2. That the evidence must be clear, relevant and rigorous such that the member could confidently report the conduct of the Subject to the police;
  3. The conduct of the Subject must meet the criteria of one of the Case Types;
  4. In order to file the member must have rejected, withdrawn or terminated a Product on the basis of Fraud unless the member has an obligation to provide the Product or the Subject has already received the full benefit of the Product.

Consider a direct complaint to CIFAS too :) You can challenege an entry with them. And you have enough evidence to prove it. 

IMHO I dont think Barclays have enough proof for this case to register CIFAS Cat x Markers against you. 

Based upon whats been provided - You havent acted unlawfully and they have been very overzealous. 


 

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 for that, I will get onto it now and complain to Cifas.

 

I will let you know the outcome of my email to the FOS. I haven't made a donation as yet because I have no bank card, but its on its way and I will make a donation to thank you all for the help with this.

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Yes I managed to get an account with them.

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https://www.cifas.org.uk/contact-us/subject-access-request

 

See further down the page :)

You can dispute the data


 

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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