Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


Dazza75

Won FOS Complaint but Barclays not complying

Recommended Posts

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

 

 

Share this post


Link to post
Share on other sites

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

 

 

Share this post


Link to post
Share on other sites

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.

  • Thanks 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

 

Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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

 

Quote

 

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

 

 

 

Share this post


Link to post
Share on other sites

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

 

 

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

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?


Share this post


Link to post
Share on other sites

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?


Share this post


Link to post
Share on other sites
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

Share this post


Link to post
Share on other sites

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.

 


Share this post


Link to post
Share on other sites
15 minutes ago, BankFodder said:

Please send an SAR to the ombudsman straightaway.
 

I will do this today. 


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.

 

I had no idea that I should do this as most of this occurred before I had come here for help. I now have an app on my phone but have spoken to no one in the past couple of weeks, I did email the FOS after last weeks calls to confirm what had been discussed on the phone and had replies from the FOS.

I asked you whether the SAR disclosure contained the key to the codes they use? You haven't answered this.

 

No Key to the codes used.

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

 

The disclosure by Barclays ends on the 30th May 2019, there is no info after this date. The last entries mention my account is closed - Do not re-open, and says Contact Nat Fraud Team - See notepad. The complaint to the FOS happened after this point, so there is no mention of the complaint to the FOS in the SAR documents.

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

It is all in a folder. There is nothing significant in it, other than the charge back amounts, and a note saying I had not replied to the evidence request within 10 days so the money was being debited from my account. I.e. my charge back failed.

 

Quote

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.

 

I did, for over a month and got nowhere - Foreign call centre staff could not understand the situation.

Quote

 

 

Edited by Dazza75

Share this post


Link to post
Share on other sites

Would the SAR to Barclays cover the FOS complaint and should they have supplied me with the info they submitted to the FOS?

 

They didn't do this. The SAR info stops on the 30th May 2019. The complaint was after this date and upto the end of November 2019 when it was resolved - but not actioned.

 

When I sent the SAR letter I asked for all info upto and including 1st January 2020.

Share this post


Link to post
Share on other sites

The correspondence between the bank and the FOS has been going on far longer than may 2019 - which I gather from you is the latest date of the documents that they have supplied. I can't remember when you made your SAR but I believe that it was this year.

Therefore I think that you should write to Barclays immediately and tell them that the disclosure which you have received is incomplete and it is missing a great deal of documents involving exchanges between them and the FOS relating to you and which are your personal data. You should tell them also that under the data protection act, if they use codes and they have to provide a key to those codes and they have failed to do so.

Tell them that you notice that there has also been some references to their national fraud team and that the disclosure should include those documents as well. Tell them that you want a response within 10 days.

I suggest that you do that straightaway.

Now comes the next question – are you prepared to take legal action on this? Barclays have clearly breached their statutory duty in respect of data disclosure – unless they want to claim some fraud exemption or something but even then they have failed to supply you with codes. At the end of the 10 days, are you prepared to send a letter of claim and begin an action for a very modest amount on the basis of distress that you are suffering. This will start to focus them if you're prepared to do it. However if you have any hesitation then you should not make the threat like this because you will simply lose credibility.

Secondly, in order to get a bit of experience I suggest that you sue Amazon. It should have been done last year as soon as things started to go wrong and you would have still had a bank account, no CIFAS and I'm sure you would have had your money very quickly.

Are you prepared to sue Amazon? If you are then you should send them a letter of claim immediately. Post a draft of it here.

It should broadly be

 

Quote

Dear Sir/Mdm

On X X X date I ordered X X item order reference number 12345. The item arrived damaged and so I returned it the following day for a refund.

Despite repeated requests from me know refund has been received.

I'm not prepared to put up with any longer.

Unless you refund me in full within 14 days then I shall issue a claim in the County Court for the recovery of the money plus interest plus costs and without any further notice.

Yours blah blah

 

If you're happy to do this, then send the letter. We will have to find their UK office address. Start looking through this site for information on bringing a small claim in the County Court. It's fairly straightforward but it is better off to know the steps and this will give you greater confidence. Register with the money claim online website and start preparing your claim there. You can save your work as you go. Post up the draft of the claim here so that we can advise you as to any corrections. On day 15 click it off.


Share this post


Link to post
Share on other sites

I also think that you should now email the adjudicator and I think that you should use an assertive approach.

I think that you should tell the adjudicator that despite the fact that he has apparently agreed a course of action with the bank, the bank has not implemented any of the recommendations. That you have asked for certain confirmations in writing and you have not received them despite repeated requests. That there have been repeated requests from the adjudicator for telephone contact with you and you have attempted several times to make the telephone contact and it has not happened.

I think you need to tell the adjudicator that unless this matter can be taken into proper control, that you intend to make a complaint about the service you are receiving.

https://www.financial-ombudsman.org.uk/who-we-are/service-standards/service-complaints


Share this post


Link to post
Share on other sites

When you ring them and ask them to initiate a charge back. Within 24 hours the disputed amount is returned to your account. They then write to you some time later asking for proof. You provide this proof, they forward it to the VISA charge back persons who decide if you have a case. VISA then either side with you or the merchant Amazon. I provided solid proof of return so they would have sided with me in normal circumstances (Had Barclays attached my evidence to the case). So, Barclays had refunded me, and amazon in turn would have refunded the Barclays.

 

When they put the amount back into my account, it was my money. Rightfully mine, because I returned the items to Amazon, so as far as I was concerned I had my money back. Over the coming weeks I slowly spent that money.

 

Barclays failed to attach my evidence, so VISA rejected the charge back due to no proof from me, so Barclays debited the circa £700 back from me, leaving my account in the red for that amount.

 

Barclays could not go back to VISA with my evidence once I had re sent it to them because a case cannot be re opened with VISA charge back.

Share this post


Link to post
Share on other sites

Does your SAR from Barclays show that they failed to attach the evidence or that they were in any way at fault?


Share this post


Link to post
Share on other sites

No, there are no documents like that in there, its bank statement type of stuff and that type of data. There is nothing regarding conversations with the bank or charge back info. None of that is there, other than the amount in the red which is listed like an entry in a bank statement.

Share this post


Link to post
Share on other sites

Fine it is clear that the SAR is extremely incomplete. You should be referring to all of this – and any other documents that they hold upon you on any matter and in any form.  Including call recordings and call logs

Hopefully when you receive the SAR from the ombudsman service, you will be able to double check it against the disclosure from Barclays and that will more easily help you to identify missing documents.

Tell them that you want the complete disclosure within 10 days


Share this post


Link to post
Share on other sites

If you are going to bring an action against Amazon then I suggest that you start a new thread for it. It will be easier for people to follow. If you the legislation on your side and the evidence that you have, I can't really imagine Amazon challenging this very much and although you may be obliged to issue the court papers, I can't imagine it going much further than that once they get a human being to look at what has happened and to understand the errors which they appear to have made.
Start a new thread for this topic


Share this post


Link to post
Share on other sites

I have been away for a few days sorry, but Quick update.

 

Sar sent to Barclays detailing all of the missing info they haven't sent.

 

Sar sent to FOS.

 

Unsure of making a claim against Amazon at the minute due to making the same type of claim with Barclays, I cannot get a refund from both at the same time can I? I think it might muddy the waters a little so wonder if its better to pursue Barclays at the minute and then go from there?

 

Have received a letter from Barclays solicitors today. They reference the allegations I have made, which seems an odd turn of phrase to me as they are promises made by Barclays, and not allegations made by me.

 

 

BSols.jpg

Share this post


Link to post
Share on other sites

Sorry but can you just identify which letter of 21 February they are referring to.

I don't see what the problem is about claiming from Amazon. No you can't get a double settlement – but if you got the money from Amazon – which will probably be much easier – and which usually done at the beginning – then you will reduce the issue against Barclays. That will make it less economical for them to cause you problems.


Share this post


Link to post
Share on other sites
Quote

 

FOS Reference 

Dear Sir or Madam.

 

Account Details – 

 

Please take this letter as notification of my intention to start Legal Action against Barclays. I am frustrated at the delay in trying to resolve my issues relating to;

 

-          Failed Chargeback

-          Outstanding Balance Owed

-          Lack Of Compensation Paid

-          CIFAS Cat 6 Marker – First Party Fraud

 

I have complained to the Ombudsman and they set an expectation of the following; which was agreed by Barclays Bank in November 2019.

  1. Accept responsibility for the failed charge back and clear the amount owed, which was the charge back amount of £778.00.
  2. Pay £150 in compensation.
  3. Make amendments to my credit file to reflect the fact that the debt amount had been cleared and the account is no longer delinquent and should never have been made this way.
  4. Return the money I had in the bank account before any of this happened, which was £49.17.

However, after accepting the initial decision, you still haven’t resolved the matter accordingly. And I am now sending a Letter Of Claim. This is to confirm you have 14 days to resolve the matter otherwise I will issue Legal Proceedings to recover the amount owed above.

 

The above decision made does not take into account the unfair and unlawful  CIFAS marker placed against me by Barclays Bank on 30th May 2019. I have only become aware of this recently. I will be seeking further damages for this and will be making a further complaint.

 

You can contact me by the following methods to resolve the issue;

 

@aol.com

 

Yours sincerely.

 

 

Share this post


Link to post
Share on other sites

But if I make a claim against Amazon, it would run into the 14 days notice I have given Barclays Bank, which runs out this coming Friday. So I couldn't withdraw that claim against Barclays until I know the outcome of the claim against Amazon. Also I would be saying that Barclays were right to not make the initial refund as I am now blaming Amazon.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...