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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.


 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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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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On 08/02/2020 at 17:55, fkofilee said:

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. 

 

Before they placed the CIFAS which was done on the day they closed my account, 30th May, they admitted that I have a strong case, but against Amazon, the FOS have seen this as its on the paperwork barclays sent to them, So them admitting I have a strong case surely means they don't think I have committed fraud, and yet they still placed the marker saying I intentionally used the account to commit fraud against the bank.

 

The adjudicator is ringing me this morning for a chat so I will see what happens with him.

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Have spoken to the adjudicator.

 

He said if it goes to an ombudsman I am open to the bank changing their minds about accepting responsibility and they may decide to change their minds and dispute liability.

 

I then mentioned the fact that they have not actioned any of his decision, which they did agree to in November, ie cover the debit amount, amend my credit file and pay £150 compensation. He didn't know they hadn't done this (even though I did tell him last week in my email to him, he obviously took no notice)

 

He said he will speak to Barclays today and get back to me later by phone. He said he will ask why they have not followed through with what they agreed to do in November, and will also ask about the CIFAS to see if they will remove it.

 

He seems to think that if they say they will sort this out today, then everything is all good, but really it isn't. An unfair Cifas for 9 months that has affected my credit file quite badly, and agreeing to put things right, but 3 months later they still haven't. It seems very unfair that they can do all of this and get away with it.

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I think you will need to use legal action for damage suffered by your credit file  being trashed.

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If this matter can be resolved by a direct approach from the ombudsman's office – then at least things are clear for you.

I completely agree with you about the unfair treatment you appear to have received at the hands of the bank and if they sort the matter out as a result of a direct ombudsman's approach then this will point even more to their lack of organisation and their unfair treatment of you.

Once the matter is resolved – then we will help you take up the issue of unfairness.

There is a possibility that the bank will respond that somehow or other they agree that they should have sorted it out earlier but they failed to do so and they will now sorted out and offer you some paltry sum in compensation. I would suggest that you agree that they should sort the matter out – but refuse any compensation and say that you will be looking at that separately. If you agree to accept some gesture of goodwill from the bank then effectively that will amount to a full and final settlement and you should not go down that direction. We will try to help you get something far more satisfactory.

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The £150 compensation offered in November was accepted on the basis that they would immediately resolve all of the issues caused by them. At that time I had no idea they had placed the CIFAS marker against my name. So if there is some sort of offer of compensation then I should refuse it and tell the ombudsman's office that I will take that up separately? To be honest I don't think there will be any offer of compensation for the CIFAS at all, the adjudicator I have been dealing with is a nice guy but he seems to want to deal with everything politely and be kind to Barclays and I am past that point now.

 

I had to explain to him twice that they hadn't done any of the things they promised to do in November, and he still didn't understand. He thought they had done as promised and I was just asking for the complaint to be looked at by an ombudsman due to the CIFAS being issued. I think by the end of the call he understood and said he believes the CIFAS was entered against me in error, but that doesn't help me and it doesn't answer why they agreed with his findings in November, and then did nothing.

 

Barclays had admitted to the adjudicator that they believed I had a strong case, but against Amazon. They came to this decision themselves before 30th May 2019, but still issued the CIFAS on 30th May 2019. So they agreed I had not committed fraud, by admitting I had a strong case, and then still issued the CIFAS saying I had committed first party fraud.

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They shouldnt have put CIFAS. We all know this.

However I want to know what was the Trigger that caused this. 

 

BTW did you know that about 95% of Bank Staff dont know what CIFAS is and about 80% of the Adjudicators dont either?

Seriously - I think this will need to go far and above to resolve this...

Im hopeful that they will remove it and compensate you further for their mistake


 

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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It really is crazy. No one seems to know what they did, why they did it, and why they didn't resolve it.

 

The adjudicator doesn't seem that bothered that they issued a cifas. Before I knew of the cifas, I suspected they had placed one and told the adjudicator about it and he said, if there is a cifas, it wouldn't be Barclays that issued it as this isn't a situation where cifas applies.

 

He seems to think he can call Barclays today, tell them to sort it out, and then all is well and good, but I then have to wait to see if they do sort it out, then wait longer to see if the default comes off my credit file, and then await a letter from them to confirm what has been done and if the cifas has been removed.

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Do another DSAR to CIFAS when they have confirmed. I would be surprised if they are that incompetent to not remove it.

But its Barclays... 

 

They dont do Android Pay

They are seriously crappy about Android Rooted Handsets

Predominently their CS is based in India and you end up having to repeat yourself 3 times to them... 

They have a Happy Trigger Finger when it comes to Fraud / CIFAS. 

 

I have an account with them. But its Empty. I bank with Monzo and Starling now ❤️ 

Much better - But I use Barclays to pay in physical cash which then goes to Monzo. 

 

Thats alllllllllllllllllllllllll I use them for.

 I use Curve for Payments with a debit card for cashback etc...

 

Its amazing how you can get around a situation and avoid someone like Barclays.


 

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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