Barclays refusing to refund fraudulent card payments

[vicky87]

Between 1st-7th April a number of payments were taken from my debit card, to a company I have never heard of. I contacted barclays who put me through to the fraud team, who said I could open a dispute. I had to wait for forms, and as soon as they recieved them I would get a refund. When the forms arrived I took them into my local branch and asked them to fax them for me, so that they couldn't get 'lost' or anything. I then contacted the fraud department and was told that now I had to wait 10 working days for a refund. 3 days after that I recieved a letter stating it would now be TWENTY working days before I got a refund. I called the bank back and was told it would be 10 and the letter was wrong. 10 working days came and went so I called again, to be told it would be a further 10 working days as I had been informed it would be twenty, not ten (!)

 

At this point I was fairly ****ed off tbh. I contacted the FOS who informed me that I should have received an instant refund when reporting the fraud. They also told me however that I had to follow the banks internal complaints procedure before I could put in a complaint with the FOS. So I put in a complaint. I was then contacted by someone who told me that it would be a 2 more days but for the incorrect information I had been given..he would credit my account with fifty quid as a 'goodwill gesture'. 2 days went, then I recieved another letter telling me my case had been passed to the 'complex investigations team' and would take ANOTHER 20 working days. I was foaming by this point. Called them back and they said to ignore that letter as it was wrong (again). I asked how long this 'investigation' was going to take, and now the timescale didn't exist at all. I was told it 'usually' takes 20 working days but could take much longer. I tried to register another complaint about again being given wrong info by many different staff members, but I was told that as I had accepted a 'goodwill gesture' payment nothing could be done! I hung up the phone in a rage at this point. Probably not the most mature thing to do but I really feel its taking the mick.

 

When I calmed down a bit, a few days later I called again. And was told a letter had been sent to me

 

I received the letter the next say stating that my complaint would not be upheld as fraud investigations take time and not every one is the same, and also stating that they are following FCA rules by withholding my refund for nearly 6 weeks.

 

I was then taken into hospital so I have not contacted them again, nor have they sent me any letters or given me a refund. What can I do now? The barclays complaints department will not even entertain my complaint,. so I can't get a 'final response' letter which is what the FOS said they needed. I am out a large amount of money (to me) and barclays appears to be enjoying messing me around.

 

Its really true when they say bad things come in 3s..had problems with brighthouse, fraud on my bank, and a hospital stay all within a few months of each other

Edited May 15, 2015 by vicky87
just noticed 'now' said 'not'

[fkofilee]

antony.jenkins@barclays.com

 

Drop him and email and cc' consumer.champions@theguardian.com.

 

Then watch them squirm... The Guardian are watching Barclays with a magnifying glass right now.

Keep us posted

[slick132]

Hi Vicky,

 

How many withdrawals were made and approx how much taken in each.

 

My understanding is that a refund must be made immediately unless the bank has reason to suspect that you are guilty of, or responsible for, fraud.

 

Go back to the bank by letter or email saying that you are now aware of your rights and require an explanation of why they are not following current FCA Guidance.

 

[vicky87]

'Go back to the bank by letter or email saying that you are now aware of your rights and require an explanation of why they are not following current FCA Guidance.'

 

I asked for this already when I put in my complaint. Apparently they are following the FCA guidance. Even though I know they aren't.

 

There were 11 withdrawals, each for a tenner.

[slick132]

Hi Vicky,

 

Read up on the FCA Guidance here, so you know your rights - https://www.fca.org.uk/consumers/financial-services-products/banking/your-rights/unauthorised-payments

 

And, now that you KNOW that the bank were lying to you, you can demand they act properly and promptly, failing which you will report their failings and/or take direct court action using BCOBs

 

Whatever happens, do not let the bank take or destroy the bank card. The CHIP on it coulld be used to prove that you did not use it to make the withdrawals.

 

[vicky87]

Oh they werent withdrawals. They were online debit card transactions

 

I knew the bank were lying anyway and I even quoted that part of the factsheet to them. They just seem to be so ignorant of everything, I mean, I have been told so many different timeframes for this supposed 'investigation' that none of the staff seem to know anything :/

[slick132]

Hi Vicky,

 

This is precisely the reason we say, Stay Off the Phone, unless you record your calls.

 

Keep communications confined to emails and/or letters only.

 

The various phone calls you've had so far will count for little in getting your case resolved any more quickly.

 

About the transactions, were they all to the same person or service. Can you give any more detail about the payee like are they a shop; a trader, an individual, online purchases, etc.

 

Finally, is it remotely possible that someone you know could have used the card. They wouldn't need the PIN - only the card itself with the 3 digit security code on the back.

 

Or did you have the card in your possession at all times ?

 

[vicky87]

I have always had my card on me

 

When I brought up the FCA guidelines that was actually in an email, well the complaints form on barclays site, they called me back though, and they sent a letter of our conversation which says in it that they are following FCA guidelines by refusing to refund until the investigation is over.

 

Yes they were all to the same service, an online gambling site that I have never even heard of, let alone used. I wouldn't be stupid enough to put my card details into a site like that, I get too paranoid..the only thing I use my card for online is bill payments.

 

I have had to stop using my bank and get my income transferred to my partners bank, even though my card was cancelled when I reported it, I no longer trust my account. Barclays even allowed a ten pound payment to leave my account 2 weeks after the card was cancelled and the fraud was reported..which I don't understand at all. This made me overdrawn which they will no doubt charge me for too. They have sent out some more disclaimer forms for me to reclaim this tenner that they took out,,but again it says 20 working days.

 

It has been 33 working days now since I reported the fraud (barclays told me saturday is classed as a working day for them)

[fkofilee]

Email Anthony jenkins like I said... The exec team have a LOT of clout. That's from experience...

 

If that doesn't work. Prepare a letter for the FOS and maybe consider taking legal action

 

Once again, great customer service by Barclays...

[vicky87]

OK thanks, will fire off an email in a bit

[fkofilee]

Make sure you state to then that the FCA say an immediate refund is due and the company policy doesn't overwrite that...

[fkofilee]

No customer should be left out of pocket while a fraud investigation is ongoing...

[slick132]

Hi Vicky,

 

......... they sent a letter of our conversation which says in it that they are following FCA guidelines by refusing to refund until the investigation is over.

 

We would like to see this letter - can you scan and post a copy (as a PDF) but hide personal data first.

 

Thanks for the extra info. It helps put the whole matter into perspective.

 

[vicky87]

I can, but not til I go to my dads I as I don't have a scanner and my phones resolution is horrific so I dont think anything will even be able to be read.

 

Have now sent an email to Anthony Jenkins, will see if I get a reply but tbh given all of the mis-information and rubbish I have had from barclays so far, I don't hold my breath...

[vicky87]

LOL. I have had a letter today about this, apparently the retailer had my correct details so barclays are holding me responsible. Oddly enough though, they haven't supplied me with these apparent correct details. Can I ask barclays to supply the information that lead them to believe that I (or someone I know) made these payments? From the wait and rubbish I had I had already written off the money tbh so this isn't surprising, but its really annoying. And honestly, I do not believe my correct details can have been sent so I want proof of this.

 

So I am now 9 quid overdrawn which I am also reluctant to pay even though its only 9 quid..as it wasn't me who made the payment, but if I don't pay it they will add on a load of charges and before long it will be hundreds...I expect they will refuse to close the account too until I pay this 9 quid (that has been stolen from me, along with the rest) too. I want no more dealings with this joke of a bank. Will be advising everyone I know who uses barclays to consider other options too, just incase they ever have fraud or anything on their accounts.

[fkofilee]

I'd pay it and run... If they add a load of charges then it'll be harder to sort out.

 

Go to another bank... I'm with nationwide at the moment and their fraud team DOES refund immediately... But Normally within 48 hours xd

[vicky87]

Yeah I'm thinking thats the best way...even though its not much though I really do feel its the principle of it. They have told me a bunch of rubbish for days and days, then 'claim' the details on the account are correct. They may well be, and if they are then it has to be someone I know who has done this realistically, however I don't believe anything they tell me anymore so would love to see this proof they have apparently received. I really want to see the proof because if everything is indeed correct, then I need to start asking some questions to mates and such really...its going to kill me not knowing

[2ltr16valve]

Surely if the card was cloned then the details would be correct as I would guess the clone would be a carbon copy of the original ?

Even the chip and pin was compromised shortly after them

Being released !

[SabreSheep]

if you are 100% sure this is fraud

 

sue the bank under BCOBS

[vicky87]

if you are 100% sure this is fraud

 

sue the bank under BCOBS

Well it definitely wasn't me or my partner and I have never gave my card details to anyone or authorized payments..

 

Part of the barclays letter states

 

'Information received from the merchant shows that the correct personal information was given in order to complete this transaction. This information would only be known by yourself or someone who knows you.

 

On that basis, we are therefore holding you liable for the full disputed amount'

 

Now, I am 99.999% sure this was NOT anyone I know. But there is obviously a slight chance it was.. and if all of the details are indeed correct then it makes it more likely it was someone I know. However with them not providing me with the details that they reckon match mine..I don't know either way. I do suspect barclays are pulling a fast one for some reason though, just because of how useless they have been so far

 

Also, is it not classed as fraud if the person who did it knows you? I didn't know that...

[slick132]

Hi Vicky,

 

Card fraud is rife but the banks still try to string you along.

 

If you're sure this was not done by anyone you know, fight them all the way to get a full refund.

 

It's probably a good idea to open a new a/c elsewhere because this issue WILL affect your a/c with charges, etc.

 

[vicky87]

Today I received a letter saying barclays no longer wish to be my bankers. I assume this is because of the fraud and subsequent complaints I made about how it was handled. Good riddance tbh, but disgusting customer service

[fkofilee]

What?!! That's disgraceful after everything!

Well... You have nothing to lose... Send it to the FOS xd

[slick132]

Hi Vicky,

 

I'm afraid a complaint to the FOS will be a slow and fruitless process. Have you set up an alternative bank a/c, as advised earlier. This should be a priority in case a CIFAS marker is applied about this matter.

 

In post 14, I asked for a scan of the letter so we can see what the bank said. Can you do this.

 

Also, how long have you been a Barclays a/c holder. This is relevant as to whether closing the a/c is unfair to you.

 

You said earlier you think it's possible someone could have used your details to make the transaction. You need to be 100% sure if you want to fight the bank on this. If you think there is someone you know who may have done this, then I'd concentrate on moving on with another bank, maybe with a basic a/c.

 

[citizenB]

This is taken from the FOS web site.

 

 

banking: when a firm decides to close a customer's account

 

 

From time to time, banks and building societies ask customers to close their accounts and make alternative banking arrangements. This happens most often if the firm is unhappy with the way in which the customer is using the account, or feels that its relationship with the customer has broken down irretrievably.

 

Sometimes, customers who are in this situation complain to us. They feel that the firm has no right to close their accounts, particularly if they believe they have done nothing wrong.

 

This article explains what firms should and should not do in such circumstances, and outlines some cases we have considered recently.

 

 

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