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Dazza75

Won FOS Complaint but Barclays not complying

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And have you tested your telephone recording app? Have you make sure it works? Have you made sure that you can backup the files away from your phone?


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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


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Yes the app works, I have an iPhone so I have it covered. I just transferred a quick call to the other half from it to my laptop and onto memory sticks via the laptop so have it on 3 separate devices. I can also do screen recording which will record the call, and show the time and date of the call, time and date coming from the home screen of my iPhone.

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Good, record everything – including with the ombudsman. Highly improper but they aren't doing their job so you may as well start to look after yourself.

What I don't understand is why you were £700 in debt. You paid for the item and you didn't get the money back. So even if you had the item, you would have still been £700 in debt – no???


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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.

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


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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.

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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


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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


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