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Dazza75

Won FOS Complaint but Barclays not complying

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I thought I might have had a reply from the FOS today, but nothing, which means the bank hasn't gotten back to him yet. Is there a certain amount of time I should allow for this before getting back in touch with the FOS? I don't think the bank is going to get back to him at all to be honest because when he spoke to them they didn't even know what was happening or what he or they were talking about.

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Thanks for this fkofilee. I am happy to take legal action.

 

When it comes to the recovering of money, am I asking for the £150 compensation and the £49.17 I had in the account?

Should they be compensating for the unfair CIFAS, and the fact that it has been 3 months since they agreed to sort all of this out?

 

When the FOS said they were happy with the £150 compensation amount, none of us knew of the CIFAS and that is quite a big issue, plus the damage that has been caused by it upto November 2019, and the further damage caused in the past 3 months when all of it should have been removed?

 

Barclays sent paperwork to the FOS that stated I did have a strong case, but against Amazon, and this decision was made pre May 2019, so they are saying there was a case for a refund, yet issued that CIFAS at the end of May 2019 saying I had committed 1st Party Fraud.

 

they were saying I had a strong case which would mean they didn't suspect me of fraud, and then issued a CIFAS against me saying I have committed fraud.

 

That doesn't make sense does it.

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It really is confusing isn't it.

 

Barclays Bank admitted I had a valid refund claim, but not against them in May 2019.

 

Pre 30th May 2019 Barclays Bank admit I have a valid refund claim, but they felt it was against Amazon, and not them.

 

30th May 2019 Barclays Bank decide I have attempted to commit fraud against them by opening a charge back claim. They say I had no valid claim to initiate a charge back, and that I did it to fraudulently take money from them - So are saying the whole Amazon issue I reported to them was fake, and I did it because I knew Barclays Bank would immediately return that money into my account. This money was then used by me fraudulently, ie I spent it.

 

That is why they issued the CIFAS.

 

So on one hand they are saying I had a claim with Amazon, and on the other hand they are saying I made up the claim to defraud the bank.

 

They then later, admitted to the FOS that I did infact have a valid charge back claim with the bank which they failed to execute correctly and admit they made critical errors.

 

If you can understand this then well done, because I'm struggling and its me that's writing it.

 

 

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I promise, I did everything by the book, kept all details, tracking info, I proved absolutely everything to Barclays and the FOS. This is why I am so angry. If I had done something wrong then I'd hold my hands up, but when I know I am in the right it makes me so annoyed.

 

I have googled a lot searching for unfair CIFAS notices against people and cannot find any, it seems people always have them for some reason or another, whether they let someone use their account or another story, but on this occasion that CIFAS is 100% uncalled for and neither Barclays nor FOS seem to care.

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I have had a reply from Barclays Bank.

 

Quote

 

Dear Mr XXXXX

 

Thank you for your email addressed to Jes Staley, Matt Hammerstein and Michael Roemer. I am responding to you on their behalf and I’m sorry you’ve had cause to contact us again. Rest assured your concerns are being taken very seriously and have been passed to our dedicated Executive Complaints Team for investigation.

 

We will ensure a thorough review of the circumstances you outline is undertaken and we will arrange for you to be contacted by 26 February, if not before. In the meantime should you wish to contact the Executive Complaints Team, please telephone 0207 116 8012.

 

 

Barclays.co.uk/feedback

 

Yours sincerely

 

 

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Have just had an email from the adjudicator.

Do I need to bother with them now?

Their input so far has been useless

 

. Is there a reason they want a copy of my full credit report also?

Mine is average like most people’s so it’s not an issue but not really any of his business

 

. I did tell him I had confirmation from Cifas and sent him a copy of the Cifas report but he seems to have not taken any notice because on the phone the other day he said he still didn’t think the Cifas is for that reason and it 1 million % is. 
 

Quote

 

Dear Mr 

 

Thank you for your email. I tried calling you earlier but was unable to get through to you.

 

I called Barclays earlier to chase them up on this issue. They’ve explained they received your letter and are currently looking into it for you.

 

I will discuss your case with my manager also, and will arrange a call sometime next week to give you an update.

 

In the meantime, can you send me a copy of your full credit report?

 

Kind regards

 

 

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To see a copy of the default maybe...

CIFAS wont appear for a Cat 6 Marker. 

 

It wouldnt harm to send it. 

Barclays can see your CRA. And get a copy - The FOS are bound by Data Protection Anyway so it will only be stored with them. 

Quite frankly its your call - I wouldn't bother and the issue with the CIFAS puts it above the FOS. 

 

Wait for the response from the Exec's Team. Then go Legal. 

BTW if you do decide to send your CRA I would suggest reading our guide on Credit Files in my signature. It tells you more on CIFAS and how it would affect you.

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2 minutes ago, fkofilee said:

To see a copy of the default maybe...

CIFAS wont appear for a Cat 6 Marker


Already sent it to him on Monday. Only that section but it’s the whole section. As I said they seem to take no notice. 

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3 minutes ago, fkofilee said:

You have a DSAR from CIFAS - Have you sent that along too?


Yes I sent the whole of that to him on Monday as well. Both sides of the page. Again he took no notice. 
 

The default on equifax is dated 30th May 2019. The Cifas marker is dated 30th May 2019. He isn’t marrying the 2 together. 

Edited by Dazza75

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I have had a voicemail today from the adjudicator that has been dealing with this case. He has asked me to call him to discuss my case further. Is there any need for me to do this? I know there is no harm in doing so, but I just can't see the point. He is never very clear on anything when I do speak to him, and doesn't really listen to what I say.

 

I have now contacted Barclays myself with the letter of intended action and their complaints team are getting back to me by this coming Wednesday, so I cannot see what speaking to the adjudicator would achieve.

 

I would have thought it is now out of his hands. He told Barclays in November what he would like them to do. They agreed, and then never did it. I have now gone to Barclays directly, so there is nothing he can say or do regarding that as its now up to Barclays to get back to me with a solution.

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Well you may as well hear what he has to say – but you should stand your ground. Maybe he will propose a deal – but you can tell him to pass a message to Barclays that they can expect trouble if they don't comply. Maybe you could ask the adjudicator has he spoken similarly to Barclays? What have they said? If he says that he hasn't spoken to them then asking why not – does he think you are an easy touch?


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He probably thinks I'm an idiot. He still thinks the Cifas is nothing to do with this case, when it was issued the exact same day they closed my account, and I am pretty confident I haven't committed any type of fraud before, during or after any of this. If he thinks he can come up with a solution, how would that affect the complaints team at Barclays? They are apparently looking into it as well and giving me an outcome by Wednesday.

 

Away from his desk, will ring me when he is back, so shouldn't be too long :)

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He didn't ring back so couldn't have been important. Might as well wait to hear from Barclays now on Wednesday and maybe give him a ring afterwards if I need to.

 

If Barclays want to speak to me on the phone on Wednesday or any other time, should I insist its all done via email so whatever decisions/offers are made, I have them in writing?

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On a side note -  I expect Barclays to extend the contact time to the week after. Only because your case isnt a simple one to deal with and they may have to do further investigation. 

Let us know what the Adjudicator says... Remember this - The FOS in recent memory have become a dog with no teeth...

 


 

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I would have been surprised if it was sorted by tomorrow. Before all of this, I did believe the FOS had some sort of power, and if they made a decision it had to be adhered to. Surprisingly not. 

 

I still can't understand why he wants to discuss my case further. Last week he had no interest in discussing my case further, and after sending the letter of action to Barclays I kinda thought it it would now be out of his hands, as the decision he made previously, they ignored, and now I have gone to them direct so I can't see what he can do or say now that would make any difference. He did ring Barclays last Friday, and they didn't discuss it with him, they told him I had sent that letter and they are now looking into it. His conversation with them ended there.

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17 minutes ago, Dazza75 said:

I would have been surprised if it was sorted by tomorrow. Before all of this, I did believe the FOS had some sort of power, and if they made a decision it had to be adhered to. Surprisingly not. 

 

I still can't understand why he wants to discuss my case further. Last week he had no interest in discussing my case further, and after sending the letter of action to Barclays I kinda thought it it would now be out of his hands, as the decision he made previously, they ignored, and now I have gone to them direct so I can't see what he can do or say now that would make any difference. He did ring Barclays last Friday, and they didn't discuss it with him, they told him I had sent that letter and they are now looking into it. His conversation with them ended there.

 

Depends what level makes the decision - This level isnt enforceable. If it had gone to an Ombudsman and you approved - They are legally required to accept it and action it.

In all honesty I dont think the FOS have been helpful in enforcing this and Barclays are just giving you the run around. (Before the Exec Office) - Barclays Exec Team are a literally Exec Complaints Team and handle everything that gets sent their way. There access in the bank that would make even a security consultant jealous. 

 

I have to remain 100% professional in the advice I give on here - I cant say what I really want to say because it would cause issues for everyone.


 

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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No call. I rang again and he was away from his desk so left a message to call me back and he didn’t... 

 

I guess there should be some communication from Barclays tomorrow so I will wait for that to happen and then give him another ring, and if no reply I’ll keep trying. I can’t imagine it’s anything to be honest. He just says he wants to discuss my case further but I can’t see what there is to discuss. If the Barclays executive complaints team are now on it, what can the FOS do on top of that?

 

I will definitely get hold of him tomorrow though 👍

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Barclays have emailed. Still not head from FOS but will keep tying.

 

Dear Mr XXXXX

 

Further to my colleague, Lisa xxxxx’ email on 21 February, I’d like to provide you with an update about your complaint.

 

I’ve passed your email onto our Legal Team who are now taking ownership of your case and will be in contact in due course.

 

Yours sincerely

 

 

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I assume they now have no interest in sorting this out and are looking to fight the decision of liability for the charge back issue? With this in mind I see no point in speaking to the FOS as their input has been useless, no one at Barclays has taken any notice of it and there is nothing they can do whatsoever?

Edited by Dazza75

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I emailed the FOS person as I keep missing him. His reply.

 

Quote

 

Dear Mr XXXXX

 

Thank you for updating me on the situation.

 

I should explain that you only needed to make a complaint about the CIFAS marker to Barclays to have the case investigated. In terms of the issue of Barclays not actioning my recommendations about the chargeback - this would’ve been dealt with separately.

 

But as you have provided them with a notice of legal proceedings, this means they have referred all the issues to their legal team.

 

This also means that we would no longer investigate. Our service wouldn’t continue with a case if the subject matter of the complaint is the subject of court proceedings.

 

Of course, its entirely your choice as to how you want to proceed, but I must make you aware of our position.

 

If you have any questions, please feel free to get in touch.

 

Best regards

 

 

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No contact details given for the legal team, and she said they will contact me in due course. That's it.

 

So are Barclays saying they want to fight this? Initially they accepted the findings of the FOS - agreed to carry out the recommendations, and then made up some excuse (3 months later) that there was this mysterious balance still owing on the account (I have all bank statements from the SAR request, there is no outstanding balance other than the charge back) however they did not inform me or anyone else of this fictitious amount and just did nothing. Further, you know if you owe a debt to a bank, wouldn't they normally chase you for it? I have had no correspondence with Barclays since April 2019. No debt recovery letters, nothing. They did once mention it would be sent to their collections department, and then onto debt recovery companies if not paid back, but none of this ever happened.

 

Also the Cifas marker - This was issued on the 30th May 2019. First party fraud, which is when you deliberately set out to defraud the bank.

 

Before the 30th May 2019 - In their notes shared with the FOS they admit I have a strong case, but against Amazon. They also admit that they made critical errors in relation to this charge back. If they are admitting I have a strong case, they cannot assume I have deliberately set out to commit fraud which would mean the Cifas marker was issued unlawfully and not following guidelines.

 

I sent the letter of action on 21st February, so I can commence further action on 6th March which is 2 weeks?

 

When they say their solicitors will contact me in due course, are they going to be looking into this case and will they see it is them that have done wrong, and are we just now going in for a fight?

 

I'm ready. I am 100% in the right here and I'm not scared of them.

 

 

Edited by Dazza75

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I'm trying to get my head around this because something is going badly wrong. Also, this thread is becoming a mess.

  • Originally you bought an item from Amazon for about 700 quid. It arrived in some unsatisfactory condition and you returned the next day.
  • You have proof that you sent it – and now you have proof from Amazon that it was received. Also Amazon said they would process the refund – but they haven't.
  • He pursued Amazon several times and got nowhere.
  • Eventually gave up and contacted your bank for a chargeback.
  • Barclays agreed in principle but said they wanted evidence from you.
  • You supplied them with the evidence – but somehow they didn't attch it to the chargeback application and so they rejected you.
  • By this time the money had been debited from your account and so you were overdrawn.
  • After some complaints, Barclays eventually agreed that they had made an error but they still didn't execute the chargeback.
  • You complained to the FOS who at adjudicator level held in your favour.
  • The adjudicator communicated their preliminary decision to Barclays and Barclays agreed with it.
  • The adjudicator made various recommendations and Barclays agreed to them.
  • Despite this Barclays did not implement the recommendations.
  • In May 2019, they closed your account and apparently put a CIFAS marker on the basis that you had committed some fraud.
  • You have sent an SAR to Barclays and they have made the disclosure but without a lot of information.
  • Apparently Barclays have now put it in the hands of their legal team


Is that broadly it so far?

 

I'm just trying to clean this up a little bit

 

 

================================================

Who is the reseller of the item – was it Amazon? Or a third party reseller?

Have you got anything from Barclays in writing saying that they agreed to the adjudicator's recommendations or is it simply the email that you have received from the adjudicator?

Have you sent an SAR to the ombudsman's office?

Have you investigated the possibility of making a complaint to the ombudsman's office about their handling of your case?


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Did the SAR disclosure from Barclays include any explanation of the codes they were using?

Was there anything in the SAR disclosure from Barclays relating to the complaint that you made against them to the ombudsman?


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17 minutes ago, BankFodder said:
  • After some complaints, Barclays eventually agreed that they had made an error but they still didn't execute the chargeback.
  • You complained to the FOS who at adjudicator level held in your favour.

 

Point 1 - I complained to Barclays, they admitted making the mistake of not attaching my evidence to the file, said sorry, but told me over the phone that I probably wouldn't have won the charge back anyway, he said this not knowing what my evidence was as it was not attached to my case so no one had seen it. Offered £75 compensation. I refused. Upped the offer a couple of days later to £150, I refused. He told me case is now closed, no further discussion will take place. I told them I was making a complaint to the FOS.

 

A week later, a lady from their complaints dept rang me. I said I thought the case was closed? She said no, it has been passed to her. She asked for all of my evidence. I emailed it to her. She came back to me saying the decision remains the same as I had not sent the items back within the Amazon guidelines of 30 days. I told her the items were sent back immediately. She asked for proof. I emailed her the proof from Parcelforce - the Parcelforce receipt and tracking proved it was sent back immediately and received. She said she would be back in touch with me. I never heard from her or Barclays Bank again.

 

Point 2 - Yes that is what happened.

 

Amazon is the seller of the items.

 

I have nothing from Barclays confirming acceptance of the decision, other than the adjudicators email where he says they agree with all of his recommendations. Adjudicator did state Barclays will write to me to confirm the actions had been completed. This didn't happen.

 

I have not SAR the Ombudsman. I haven't looked into making a complaint against them as yet. The SAR from Barclays, nothing stands out in it at all, no code breakers and nothing regarding the FOS. I can and will look through it again. Its a lot of paperwork so makes the eyes blur but there are 2 of us here so I can do each page again and then the other half can as well so see if there is something we have missed.

 

The SAR from Barclays only covers info to the date they closed the account 30th May 2019!

 

 

Edited by Dazza75

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Please send an SAR to the ombudsman straightaway.

Of course you've been doing a lot of this on the telephone and you haven't recorded any calls have you? Have you read our customer services guide? Why you are recording your calls? Do you realise that you are missing valuable evidence here because you don't record your calls.

In the disclosure that you did receive from Barclays, have referred to your complaint? Either to them directly or subsequently to the ombudsman?

Have you followed our link and read the guidance that we have given on how to deal with disclosure documents? 

 

I'm trying to understand why you didn't pursue Amazon. Under the distance selling rules contained in the Consumer Contracts Regulations they had a duty to refund you immediately – rather than the voluntary chargeback scheme which is operated by the banks. They would have been a far easier target. You can still do this to get your money back although you will still have the issue with the bank.

 


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