Barclays Stole From Me

[Scrappy Coco]

Hi all,

Another thread already and I've only been on here a week

Can someone have a look at the following I'm about to send Barclays aka Sharkleys

This stems from my comments on the Financial Ombudsman Service - SuperComplaint - Page 2 - allaboutFORUMS

Dear Sir/Madam,

I am writing to you today with regard to two complaints I made back in 2008 & 2010 but before I begin I would like to make you fully aware that I completed a SAR (Subject Access Request) back in January 2012 which took Barclays nearly 6 months to comply with. Legally you are only permitted 40 days. This will be the basis for another compliant to ICO (Information Commissioners Office)

As you are aware I took my complaints to the Financial Ombudsman.

Since I received the final response from FOS I have taken it upon myself to investigate these complaints and given the information that I have come across, it is not surprising that FOS rejected my claim.

I have now completed my own investigation and some surprising information has been brought to light with regard to the communication between Barclays & FOS. This makes for some interesting reading to say the least but comes as no surprise given the bias shown by FOS (Financial Ombudsman) towards financial institutions.

Given the information that I now have in my possession I require you to answer the following questions:

• Why did Barclays fail to answer specific question “Can you clarify what benefits are associated with the additions account and whether the consumers have made us of any of these?” that FOS ask on 3 separate occasion but instead chose to ignore FOS?
• Why did Barclays eventually respond to the above question with the following “"this would mean contacting each provider individually and is too onerous? We can confirm mobile phone cover was never taken out."
• Why did Barclays fail to confirm to FOS that the additions fee had been cancelled back in January 2001 and added back onto our account in March 2003 without our expressed permission?
• Why did Barclays fail to inform FOS that I had requested the “Reserve Fee” be cancelled?

On a separate not it has also been brought to my attention that Barclays was taking Overdraft PPI premiums from our account while we were in CREDIT

Can you please explain as to WHY?

I find Barclay’s unprofessional and lackadaisical approach towards my original complaints & FOS investigation totally beyond belief . It is a further mystery but doesn’t come as a surprise as to how and why FOS allowed Barclays to just fob them off.

What I require now as follows:

• Barclays to refund all Additions & Reserve Fees with compound interest for the period in question as per my original complaint. Please see attached.

• Barclays to remove the Defaults they have placed on our credit files within 28 days.

Please do not try and tell me that there is a 6 year limit on any claims made as I am fully aware of the “The Limitation Act 1980”

The Limitation Act 1980 is quite clear ( see section 32 ) that in cases of fraud, deliberate concealment or the consequences of a mistake the period of limitation does not begin to run until the Claimant has discovered the fraud, concealment or mistake or could with reasonable diligence have discovered it. Please also note that I only became aware of the unlawful charges applied to the account upon auditing my statements after your continued telephone harassment and threats of legal action.


I will allow you 28 days to respond to my questions, refund unlawfully taken funds from our account & remove all defaults.

Given all the new information I have in my possession, if you fail to respond within this timeframe further complaints will be made to FOS, ICO and I WILL start legal proceedings against Barclays.

I am also considering reporting you to the SFO (Serious Fraud Office) for further investigation.

Kindest Regards
Scrappy Coco

[Scrappy Coco]

Re: Barclays Stole From Me

Morning,

Got a final reply to my complaint and Barclays have once again failed to answer any of the questions I put to them. Instead they just refereed to their final responses from a previous complaint which FOS completely fecked up and let Barclays walk all over them. And complain to FOS if your not happy.

FOS have failed me once why would I use them again??

So to be clear they haven't answered the following in the same way they totally ignored FOS:

• Why did Barclays fail to answer specific question “Can you clarify what benefits are associated with the additions account and whether the consumers have made us of any of these?” that FOS ask on 3 separate occasion but instead chose to ignore FOS?
• Why did Barclays eventually respond to the above question with the following “"this would mean contacting each provider individually and is too onerous? We can confirm mobile phone cover was never taken out."
• Why did Barclays fail to confirm to FOS that the additions fee had been cancelled back in January 2001 and added back onto our account in March 2003 without our expressed permission?
• Why did Barclays fail to inform FOS that I had requested the “Reserve Fee” be cancelled?

On a separate not it has also been brought to my attention that Barclays was taking Overdraft PPI premiums from our account while we were in CREDIT

Can you please explain as to WHY?

They also advised that they hold no evidence that the account was upgraded without out my consent.

Well how the hell do they explain additions disappearing from my account 2001 - 2003???

Surely there must be a note on the account if I requested this??

The onus is on them surely????

Thanks as always
Scrappy Coco

[Never-In-Doubt]

Re: Barclays Stole From Me

If you've gone to the fos already, then why are you conversing with Barclays - the FOS will do so...?

I am presuming the above based on this comment

Why did Barclays fail to inform FOS that I had requested the “Reserve Fee” be cancelled?

[Scrappy Coco]

Re: Barclays Stole From Me

Hi NID,

FOS ruled against me and advised that Barclays had done nothing wrong.

Not happy with this I did an SAR and got absolutely everything.

All the communication logs between FOS & Barclays. It makes for interesting reading indeed.

FOS asked Barclays the same question on 3 separate occasions and Barclays ignored them twice then responded with the following:

"this would mean contacting each provider individually and is too onerous? We can confirm mobile phone cover was never taken out."

The FOS replied with the following:
Barclays to offer me a refund of 1 years fees including the reserve fee and this should make the complaint go away.

Then Barclays with the following:

"I have decided to offer a full years refund at FOS request as this would save a separate complaint being brought to us with the chance of being referred to FOS at a later date. This complaint does not refer to the additions side of things however I believe the customer would be likely to pursue this"

And it just goes on and on with them not actually addressing the main issue I had:

Who the hell authorised the additions fee to be re-added to my account??

I certainly didn't but Barclays reckon I did.

SAR shows my cancellation request but nothing anywhere to show I requested it re-added to account.

So once again FOS make a terrible ruling, let a bank walk all over them, direct them in to making a stupid offer and I am left holding the can with a default I should have never of received because nobody has investigated this properly.

It's all becoming a terrible joke.

OH and the icing on the cake is Barclays have made another offer which is less than the offer I refused to begin with.

Final response contact FOS. Why the hell would I contact FOS again?

And FOS won't investigate the matter as it's already been dealt with

Absolute f*cking joke


Thanks as always
Scrappy Coco

[mgfboy]

Re: Barclays Stole From Me

Sounds like your only course of action now if FOS doesn't agree( now there is a surprise) is to take Barclays to court or chalk it up to shit happens.

[Scrappy Coco]

Re: Barclays Stole From Me

Hi mgfboy,

Think I'll just put it down to shit happens as they are not chasing for payment and if a DCA comes knocking I'll just refer to it's in dispute and Barclays have failed on 4 separate occasions to answer me or FOS so f*ck off.....

At least if they do chase me and start legal action I can use this as my defence and ask the judge to make them go away and investigate matters in a correct and professional manner as they have failed to do so up to this point...............

As well as other matters as well

Thanks as always

Scrappy Coco

[Never-In-Doubt]

Re: Barclays Stole From Me

Hi

Ok, reading between the lines it seems the problems here all revolve around you running to the FOS way too soon. For clarity and for the benefit of others I'll try and explain....

When you go to the FOS you must have an audit trail and proof behind you, by that I mean it is always best to complain to the lender/dca then complain again and again till they literally refuse to discuss it anymore - this is usually after a couple of attempts of continuing the complaint after their final response.

Now, the reason we do it like that is because throughout your communication trail you will, by that point, have built up a mini case to hit the FOS with so at first impression the bank/dca looks pretty bad - from there on in they have to change the FOS' perception which is pretty hard.

The reverse, what seems to have happened here, you've gone jumping in with two feet without full investigation first and the FOS have got confused and made mistakes, which resulted in them finding in favour of the bank.

Can I ask, you mention above you SAR'd Barclays AFTER the FOS ruled, why? You SAR them before you even go to the FOS. Maybe if you send me the final verdict letter from the adjudicator I can help you get back on track and appeal their decision, that's up to you. But as things stand, it's clear that the FOS are not the ones entirely at fault here - no offence intended but you need to do the work then you run to the FOS to verify and stand by your findings. If you give them a shitty small case they will find stuff about you (from the bank) and then usually find in favour of the bank.

In essence the moral here is do your homework long before complaining.... show the FOS you've literally tried 'everything' to resolve it.

The fact you have a SAR that confirms FOS discussions would suggest a huge error so an appeal is quite likely to be beneficial - that said, I would need to see the final response from the adjudicator before being able to comment further....

[oscar]

Re: Barclays Stole From Me

At least you got an offer of refund on the fees - I didnt. Barclays were tighter than a ducks .....

But then again, FOS might not have been to interested since I basically told them "these are you policies, rules and regulations, this is what you need to do, this is what you need to tell barclays to do and this is what you should do, if they (barclays) tell you to do one"

[Scrappy Coco]

Re: Barclays Stole From Me

The fact you have a SAR that confirms FOS discussions would suggest a huge error so an appeal is quite likely to be beneficial - that said, I would need to see the final response from the adjudicator before being able to comment further....

Hi NID,

Sorry for the delayed response. Finally moved to our new house and thank god we did.

Mortgage payments have gone down by 2/3 and is a big weight off m mind.

Anyway, can you remind how to upload documents on here as I've completely forgotten. The only thing I remember is you don't allow photobucket.

I will upload FOS response for you to have a look at once I know how.

Cheers as always

Scrappy Coco

[Scrappy Coco]

Re: Barclays Stole From Me

At least you got an offer of refund on the fees - I didnt. Barclays were tighter than a ducks .....

Hi Oscar,

I see their offer of 12 months premiums as admission of guilt on their part. If they have done nothing wrong, the why offer a refund at all???

God help those people with who's accounts they have just bought (can't remember the bank) they are in for a bloody shock

Thanks as always

Scrappy Coco

[Undercover Elsa]

Re: Barclays Stole From Me

Hi Scrappy,
Just click on the "email Niddy" link at the bottom of his post above to send the copy of the decision directly to him

Elsa x

[Enforcer]

Re: Barclays Stole From Me

Am going through the same crap with FOS. Thanks for your post. I will send off for another subject access request once FOS have once again ruled in favour of the Bank. Will be interesting!

[Scrappy Coco]

Re: Barclays Stole From Me

Afternoon all,

I have just read through Barclays response again and their offer this time is £520 less than the first offer.

This statement made me laugh out loud "We hold no evidence the account was upgraded without your consent"

That may be the case but you "YOU DON'T HAVE ANY EVIDENCE THAT I DID REQUEST THE UPGRADE EITHER STUPID"

She keeps referring the my last complaints which were resolved, were they??

She has failed to answer any of the questions I put to her and completely side stepped the FOS / Barclays communication logs with the evidence there in black and white.

You couldn't make it up.

At least they aren't chasing me for the outstanding amount and I suppose I can wait another 2 years for it to drop off my CF.

If I decide to make an appeal to FOS about how my complaint was handled (depends on NID's view) at least I can tell any DCA's that come knocking to go forth and */?><*&*& and by the time FOS make a final decision it will be game over for Barclays as 6 years will be up

NID, I will try and email you the adjudicator and ombudsman response later today.

Thanks as always

Scrappy Coco

[Scrappy Coco]

Re: Barclays Stole From Me

Afternoon all,

I see Sharklays are in the new again for yet more corrupt practices. Yet according to them they have done absolutely nothing wrong at all.

I wonder how many other people just had products just added back to their accounts without their knowledge? I would love to know the true figure.

Corruption and underhand tactics seem to run rife through every department in this organisation and they are only just being found out.

Bollocks to them is my answer. I WILL GET MY MONEY BACK ONE WAY ON ANOTHER SO BE WARNED BARCLAYS

Thanks as always

Scrappy Coco

[Never-In-Doubt]

Re: Barclays Stole From Me

What a nightmare!! Did I ever respond to your email. Sorry been manic of late...?