Small Court Claim against a bank

[johnbruce]

I need advice and help to sue Barclays Bank for deducting £2500 from my account and returning to the sender.

Long story short, I sold assets online through a third party and buyer transferred money from his Barclays account to my Barclays account. I don't have buyer postal address, only third party have all his details including his official ID. After few days, after receiving the assets, buyer told Barclays that he not made this payment and Barclays returned money to the source account.

So far, Barclays not told me anything at all why they returned money , not even a single word and also I lost my account. I've all documented evidence to prove but Barclays not explaining the reason for their decision and not showing any evidence. I reported buyer to third party and third party advised me to report this incident to police which I done and police was happy to investigate but bank refused to refer matter to the Police.

Complete bank complaint procedure and they not told me even a single word in the complaint and I don't want to go to Financial Ombudsman as its too much length time and not worth time and energy. This could take more than 2 years.

I want to sue bank via Small court claims in the England.

Who can help me? Please let me know.

Thank you.

[Roger]

Never-In-Doubt

[johnbruce]

Never-In-Doubt

Thank you.

[Roger]

Thank you.

Before jumping into litigation email Never-In-Doubt He has many years experience in helping AAD members successfully deal with banking issues!

[julian]

Eeebay often believe the receiver saying products damaged or not arrived, when all tracking says they have been signed for. Peepal often return monies. Tho never seems to be in my favour.
Biggest scams are if dealing with abroad.

[johnbruce]

Eeebay often believe the receiver saying products damaged or not arrived, when all tracking says they have been signed for. Peepal often return monies. Tho never seems to be in my favour.
Biggest scams are if dealing with abroad.

My case is not related to eBay and buyer made online fast payment transfer from his account to my account directly and I handed over asset after confirming money arrived in my account.

[Still Waving]

"Complete bank complaint procedure and they not told me even a single word in the complaint and I don't want to go to Financial Ombudsman as its too much length time and not worth time and energy."

For £2500, I would have thought it worth the time and energy.

[johnbruce]

[QUOTE= For £2500, I would have thought it worth the time and energy.[/QUOTE]

Yes, it is , £2500 is one month pay for me and I'd love to see them in the court, face to face and most important thing for me is justice and fairness.

[Roger]

In Law it is for the Claimant (that would be you) to PROVE that Barclays have acted wrongly!
But by your own admittance you don't know why other than the money was returned and Barclays haven't given a reason!
I am not sure that this is a matter for the Court! It seems to me that you have been unpaid! for assets sold.
The Court would expect you to pursue this payment from your Purchaser and or possibly that third party mentioned in your report!

".. deducting £2500 from my account and returning to the sender..So far, Barclays not told me anything at all why they returned money , not even a single word and also I lost my account. .."

Are you saying that Barclays have closed your account?
You also say that the payees account was with Barclays! So Barclays will have known both you (the seller) and the purchaser, as well as the origins of the purchasers money !

They couldn't discuss with you details of their customer (the purchaser) could they!

Your recourse is with the Purchaser and or the third party isn't it!

[johnbruce]

Yes, I have evidence to PROVE everything.

Third party told me to provide evidence from bank why money is returned to the sender and bank not proving me any evidence and explanation.

It was the bank decision to return money and they have to prove why money is returned.

[Roger]

Yes, I have evidence to PROVE everything.

Third party told me to provide evidence from bank why money is returned to the sender and bank not proving me any evidence and explanation.

It was the bank decision to return money and they have to prove why money is returned.

But in the Court it is the Claimant YOU who would have to PROVE but your CASE is Non Payment by a PURCHASER isn't it?
You have a PURCHASER who hasn't paid for their goods! The PURCHASER for whatever reason RESCINDED the payment.
You need to take this matter up with the PURCHASER and or that THIRD PARTY!

[Still Waving]

It's a bit nebulous isn't it? "assets" and "third party".

You say the third party isn't Ebay (who have a dispute mediation process). Is this "third party" an organisation likely to have similar arrangements?

I agree with Roger regarding where your grievance lies, and the burden of proof. I think you should seek legal advice and representation, because if YOU were to fail to present a convincing case in court, or the judge rules that you are pursuing the wrong party, that is time and energy wasted.

[Joanna Connolly]

It seems Likely that Barclays returned the money to source due to possible AML concerns. If that is the case then they cannot lawfully tell you why.

I would suggest you make a GPDR request to Barclays which may shed some light and do complain to the FOS within the 6 month period

[johnbruce]

It seems Likely that Barclays returned the money to source due to possible AML concerns. If that is the case then they cannot lawfully tell you why.

I would suggest you make a GPDR request to Barclays which may shed some light and do complain to the FOS within the 6 month period

Thank you for your input.

Its not AML, its related to fraud as purchaser told the bank that someone else stolen his bank account details and ID and paid to me. Third party website require official ID to verify KYC process. I know his mobile phone is also used to authorise payment but bank is not telling me anything at all how this decision was made. First bank thought I defrauded this person and done full investigation but found nothing.

GDPR data not showing anything at all apart from investigation and my complaint notes.

There could be different possibilities on other side , either purchaser acted fraudulently or negligence to disclose his account details or may be someone else scammed him but bank must provide some information and evidence how they concluded this matter.

I understand , banks legally allow to do fraud investigation and can freeze account and not require to tell anything but taking money out from customer account without any explanation is not allowed.

I don't feel comfortable complaining to FOS and want to go to the court.

[Roger]

My sympathy for your situation! I can't see that this can be immediately resolved whatever you do or don't do.

Before considering this I personally would talk options through with Joanna Connolly Solicitors

The Court route will cost you money up front to proceed and will take time, especially if contested. Its not a fast process. I am not myself certain as to whether this would be against the Purchaser? and of or the third party Agent and indeed whether Barclays are a party to your Sale and Purchase or NOT

FOS is better for dealing with Banking issues because the Regulator is far better placed to deal on your behalf with Barclays. Never mind whether you feel comfortable or otherwise you should start that process NOW.

I can't see a quick fix! Here!