Barclays compensation, please advise

[callumhburgess]

Morning Everyone,

 

I was hoping to get some much needed advice from anyone who may be going through or has gone through and claim with Barclays bank.

 

To give you an overview of the situation;

 

 

about 9 months ago my business account was frozen by Barclays due to a technical error

which concluded in my funds going from £20,000 to - £3,500,000 overdrawn.

 

 

During that period I had no access to any funds and no money could go in or out.

 

 

As a result two contract which were signed and dated during the error were unable to be fulfilled

resulting in a loss of profits close to £62,000 both customers being unhappy with my service

(understandably as it took 4 months to resolve the issue with Barclays) have decided not to use my services in the future.

 

Everything was clearly documented and sent to the FOS

who put in a claim to Barclays for the £62,000

 

 

but was rejected on the grounds Barclays have within their terms and conditions a clause

which protects them from paying out for any loss of business as a result of any internal or 3rd party errors.

 

Clearly I am distraught

as not only have I lost out of both of the contracts

but I was also forced to close down the business during the four months it took to resolve the original issue.

 

 

If anyone has any information it would be greatly appreciated.

[BankFodder]

I think that you need to tell us a bit more about the error and also maybe let us know what the terms and conditions actually say.

[callumhburgess]

That is the only information the FOS has regarding the error, that it was an internal fault.

 

These are the terms and conditions provided: If you have a loss you want

to claim back from us

If you have any loss or damage because of

something we have done or not done, then you will

generally be able to claim back the loss from us.

However, there are exceptions. You cannot claim

back if:

• you are claiming for loss of business, loss

of goodwill, loss of opportunity or loss of

profit – we will not be liable for these in any

circumstances

• the law sets a different level of liability

• you have acted fraudulently or with gross

negligence

• you are in breach of this agreement

• we haven’t followed an instruction from you for

a reason we give in this agreement

• any of the details you gave us were wrong or

insufficient (this would include where you gave

us the wrong account number, for example)

• our failure or delay in making a payment

was due to abnormal and unforeseeable

circumstances outside our control, which meant

we couldn’t follow this agreement despite our

best efforts to do so, for example, a hardware

breakdown, strike, or major problem with a

payment system

• there was no way we could have reasonably

predicted your loss when you gave us the

instruction

• you are asking us to refund the amount of a

cheque which we paid even though you had

post-dated it.

None of these exceptions will apply, and nothing

else in this agreement will stop us being liable, if:

• we act fraudulently

• we act with gross negligence, or

• we are at fault and the law does not allow

us to exclude or limit liability

[fkofilee]

Legal Action, Bring a claim against barclays....

Its pretty simple

[slick132]

Legal Action, Bring a claim against barclays....

Its pretty simple

 

If the value of the claim is £62,000, then it's not "pretty simple" and legal advice from a solicitor may be needed. The claim would start on the MultiTrack with associated higher costs implications.

 

Was your a/c frozen due to a technical error or was it frozen during a Money Laundering investigation ?

 

Edited January 13, 2015 by slick132

[callumhburgess]

This is the reason for the post, having unsuccessfully gone through the financial ombudsman service the next stage is to take it to court, which could total extremely large fee's.

 

In regards to the error: Barclays have yet to comment, I listed a post some time ago after doing some research and concluded that it may of been a result of suspected money laundering but this was never confirmed or denied. As it currently stands, Barclays have continued to maintain it was a technical error.

 

Has anyone successfully took Barclays to court over their terms and conditions?

 

Callum

[slick132]

Hi Callum,

 

This was the old thread - http://www.consumeractiongroup.co.uk/forum/showthread.php?424016-Barclay-s-withdrawn-all-my-money-and-left-me-%A33-500-in-debit

 

The thread you started today in the FOS Forum has been removed to avoid duplication of Q's and A's.

 

I assume you have not appealed the Adjudicator's Decision but please confirm. It may be that an appeal may be the next best move to see if the Ombudsman rules differently.

 

I'm not aware of a case against Barclays challenging their T&C's. But CAG has been the platform for many victories against various banks !