barclays - Entered Wrongful adverse Credit info - complained to FCA/ICO - FOS ruled in our favour - but consequential loss are? PAPLOC issued now

[AndyOrch]

49 minutes ago, CaptainMannering said:

Can I ask out of curiosity what’s the issue with providing too much detail in the LOC or POC.

You would be providing too much information which would help the defendant with any potential defence/statement to counter your claim.

Never reveal your full hand beforehand....keep it vague but on point.

[CaptainMannering]

Letter of Claim

We issue notice of intent to file a claim against Barclays for the treatment it has imposed on the claimants. We have exhausted the internal complaints procedure and are not satisfied the complaints have been sufficiently addressed.

We have claims for breach of your own term on the current account “the terms” as well as unfair treatment under CONC, BCOBS, GDPR Act 2018 and the FCA 2.1 Principles. We believe Barclays are also in breach of an FCA Final Notice which was issued in December 2019 relating to treatment of customers in financial difficulty.

We provide under PAPLOC 14 days notice prior to filing our claim to courts.

[FruitSalad1010]

Does section 10 of the CCA apply in this case?

OP made it clear the account never had an agreed overdraft in place, instead the bank made use of an unauthorised overdraft to recover the sum.

[CaptainMannering]

Hi FruitSalad

thanks for the response. To confirm yes no agreed overdraft was ever in place. They were in full knowledge that when they debuted the sum (which we disputed the debt with them and they ignored) that they weee using their right to set off on an account with no credit balance or OD and so were debiting unlawfully 

[dx100uk]

about post 46/47 here already

so where are you actually at now?

did you ever send off a new PAPLOC? launch your court claim?

dx

 

[CaptainMannering]

greetings dx

yes issued forms to court now by paper so Barclays are awaiting sealed copies of the forms they say however they were supplied a copy by us as requested.

[dx100uk]

ok so just we know the cards we're playing with

put you sent paploc up and the POC you filed please

use pdf not docx read upload

else its quite ok to paste it as text in a msg box.

dx

 

[FruitSalad1010]

Remember only the breach of a rule within the FCA Handbook effects a right to claim damages, not a breach of guidance clauses.

The FCA specifies that an authorised firm has the right to set-off a debt against or with:

(c) any sum payable by the firm to the consumer; or

(d) any credit balance on an account held by the consumer;

No where does it specify that a bank can create an unauthorised overdraft for such a purpose.

I'm not sure what the legal precedent is but in my view if there's no money in an account to pay a debt then the proper course of action to recover it is through a claim, not some bogus account manipulation. I wonder if this has ever been tested and what the bank's appetite is for it to be tested. I imagine thousands of people have had unauthorised overdrafts created over the years to pay alleged debts.

[CaptainMannering]

Hiya dx, yes will get posted tonight as they are on laptop.

fruitsalad, yes that’s my understanding too, they can only exercise their right to set off against a credit balance on an account. Even so they have to take into account your financial situation and what it may be needed for when it’s a credit balance too.

they did this some 4 days after they sent a letter saying they were debiting the money and telling me (not the joint holder too) to ensure the money is in the account. They’ve then reported the acccount adverse to CRA about 30 days after they took it into an unauthorised OD.

we plan to test this, sharkleys never commented on why the did this or the fact they shouldn’t have?

[dx100uk]

On 08/11/2023 at 22:06, FruitSalad1010 said:

I'm not sure what the legal precedent is but in my view if there's no money in an account to pay a debt then the proper course of action to recover it is through a claim, not some bogus account manipulation. I wonder if this has ever been tested and what the bank's appetite is for it to be tested. I imagine thousands of people have had unauthorised overdrafts created over the years to pay alleged debts.

FWIW ...10'000 if not more suffered the debacle of hsbc and their 'managed loans', there are numerous here. this is where a debt with hsbc was paid off by being turned by them into a loan the customer knew nothing about, so did not pay, then the loan was 'paid off' by dumping it into their existing bank account creating a massive unauthorised OD. i dont believe hsbc ever did anything after this and these debts were sold on to Debt Buyer which is how all the truth came out many years later. i think thats how it went.

[CaptainMannering]

Shocking that. I mean the rules are clear and it certainly feels that banks don’t get held to account for blatant and serious disregard to rules.

you only have to look at Barclays trust pilot score and there are nothing but complaints about serious breaches. 
a score of 1.4 is well higher than it would be as a lot would vote 0!!

 

do the fca not monitor these things? Of the claims filed to court against them how many actually get to court snd how many get withdrawn? Any ideas?