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Barclays: £30K missing from parents life savings - outside of 6yrs - Barclays refuse help!


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Does anyone have any experience of or advice on the following situation?

 

My parents have banked with Barclays for decades

 

for the last two years, I have been trying to track down 30k missing from their current account for a transaction ( in 2010)  

- This was only spotted two years ago - due to some tragedies within our family which still impact today.

 

Over the last two years, I have sent many emails,  letters and some phone calls to Barclays on my parents behalf.

They never responded - until recently following contact with  the financial Ombudsman from early last year 2019.

 

Background:

My mother spotted the error while she was spreading her statements, a 30 K hole in her account and the money they would have to live on for their retirement.

Today and after almost a year., i received a reply from the Financial Ombudsman that, they cannot pursue the complaint ( due to this 6 year restriction).

 

I am not satisfied with this and I will write back saying so.

These are the only savings my parents have left and Barclays show no interest in this what-so-ever!

In fact, one employee tried to convince my parents that they spent the money and forgot.

 

This employee also said that she had spoken to one other person at Barclays and that they could do nothing.

I would expect at least an investigation into such a loss.

 

it showed up on my mother’s statement as a card payment to the Postoffice LTD.

 

My questions are:

In 2010 Barclays would have been responsible to seek my parent’s authorization for such a large amount

- does anyone have any further information on the banks obligations? Terms of service?

 

What investigation should Barclays make despite the 6 year rule?

 

If we believe this transaction to be fraud ( which we do, what are the statute of limitations on this for recourse?

What other useful help can anyone offer.

 

We are also thinking of going to our media friends to outline this situation with Barclays and asks questions about how safe people’s money is

- any views or experiences welcome.

 

I have not given up for them and will not.

 

All help appreciated - thanks!

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  • dx100uk changed the title to Barclays: £30K missing from parents life savings - outside of 6yrs - Barclays refuse help!

You should begin by getting your parents to send an sar to Barclays to see what information that produces. Come back here when you have the statutory disclosure.

 

make sure that you asked for everything they have including telephone calls, correspondence, everything. Barclays are not very good about honouring sars

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Hi Olivetree and welcome to CAG

 

Did the FOS refuse to review the case at all, due to the timeframe. Or did they review the case and you've received an Adjudicator's determination.

 

Get the SAR off to the bank's HO asap and don't speak to the bank at all. You need everything in writing.

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Thank you BankFodder and Slick132, I will get my parents to ask Barclays for a SAR and I have a full summary of the FOS, which I think is simply due to the 6 year rule - I will add the summary here:

 

 

Time limits

Our service was set up to sort out complaints between financial businesses and their customers.

My ability to consider complaints is determined by the rules that govern this service.

Those rules are set out in the Financial Conduct Authority (FCA) handbook, and determine among other things, who may bring a complaint to us.

 

The rules set out some time limits under which we can consider complaints.

 

Barclays has said that it doesn’t agree to us considering the complaint as it is about an event that happened more than six years ago.

 

 I’ve looked at whether the time limits they have highlighted apply.

 

Under our rules, we can’t consider a complaint if the complainant refers it to the Financial Ombudsman Service:

(a) Six years after the date the event complained of, or (if later)

(b) Three years from the date in which the complainant became aware (or ought reasonably to become aware) that he/she had cause for complaint.

 

Looking at the details provided, you have said the transaction was discovered in 2019 when statements were being shredded.

 

As the transaction happened in October 2010, six years has passed after the event. 

 

I know statements were being sent to Mr and Mrs N and these would’ve shown the account status at the time. Therefore, in accordance with the three-year rule, they should have raised this complaint by at least October 2013.

 

Our rules do allow us to set aside the time limits if the delay was due to exceptional circumstances to explain why the complaint was not made earlier. From our discussions about this I am of the opinion exceptional circumstances don’t apply.  Under the rules, an example of an exceptional circumstance is if a customer was incapacitated

 

I appreciate you’d like this looked into however as Barclays has not consented for us to look into the complaint and it has fallen outside the rules set up for our service, I have no justification to look into the complaint.

 

Next steps

If Mr N and Mrs N decide that they don't accept what I’ve said, then please let me know by 7 August 2020.

 If I can’t resolve things then an ombudsman here can look at everything again and make a decision.

If I don’t hear from you by that date we might not be able to look at this complaint again.

 

 Thank you again and I will get back to this post once I have an answer for the Sar.

 

Olivetree 

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Hi OT,

 

Barclays will not reply to the SAR before the FOS deadline.

 

Hence you should reply to the FOS (before the deadline) saying you want the decision reviewed by an Ombudsman.

 

Get the SAR sent off without further delay to their London HQ by letter. Take it to a PO and get a free Certificate of Posting.

We could do with some help from you

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EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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  • 1 month later...

Hey thanks again.

 

I have only just received the SAR.

 

The FOS said that I must show mitigating circumstances why my parents did not contact them or the bank earlier - I have done this.

I am now awaiting a response from them.

 

The SAR information will take a very long time to go through.

Are there any suggestions what to look for specifically please?

 

Thanks OT 

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you should have what might be called a manual intervention log or a comms/account log.

this is where staff have accessed records or administered the account.

see if anything shows for the relevant period .

 

i gather you have org statements from the time?

see if those correspond with again the same like period of the £30k  

particularly look at the running balance total around the date

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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