£900 & barclays bank

Lumley330

Can anyone help or advise please. In February 09 we set up a standing order for our rent payment of £895 to our letting agents who gave us the sort code as it turns out incorrectly. Our word against theirs at this stage.
However, the rent payment went into a guys account. We alerted Barclays immediately and they ensued trying to get the money back from this guy. To date no communication has been received from him and he still has our money. Barclays have been not as helpful as they promised.
We know legally the guy can keep the money BUT it is not right and our argument is Barclays have not helped at all. We are promised calls on a daily basis and not once have they rang. It is currently with their Head Office complaints team and i am waiting for their outcome.
In the meantime does anyone have any advice on how to handle this ?
Thanks

dc110

We know legally the guy can keep the money BUT it is not right

He cannot legally keep it.

In what way have Barclays not been helpful?

Valli

Have you put your complaint formally - ie have you written to Barclays?

sillystudent_2

We know legally the guy can keep the money BUT it is not right and our argument is Barclays have not helped at all.

Um no he can't - admittedly I'm not a lawyer, but my dad is, and I studied topics exactly like this in A-Level law. If you can identify the guy, you can take him to court through the small claims court (very cheap, only £50 or so i think) - unless he can provide evidence that you gave the money to him as a non-repayable gift (i.e. he's a close friend, family member etc.) then the law will assume that he is just holding it on what's called a "resulting trust" for you, and that you can get it back whenever you please.

To be honest Barclays should be sorting this out, but if at the end of the day they're completely useless, you can contact the guy (assuming you have the details) and demand the money back. Legally, he hasn't got a leg to stand on.

Hope this helps

Lokolo

Valli wrote: »

Have you put your complaint formally - ie have you written to Barclays?

^^ do that

http://www.personal.barclays.co.uk/BRC1/jsp/brccontrol?task=articlegroup&value=3657&site=pfs

Lumley330

Well this complaint has been logged since February and so far we have asked them to send two letters to the guy who has the money, they won't tell us what was in the letter nor send us a copy. Also, they assured me they would call him and then said they wouldnt.
To date we have received absolutely calls from Barclays updating us of the situation. I ring more or less every day and we are getting no further.

As we speak i am on the phone to them now. Will be back on line when i have spoken to them.

Thank you so much for your advice !!!

dc110 wrote: »

He cannot legally keep it.

In what way have Barclays not been helpful?

Lokolo

Have they giving you a reference number for the complaint?

Valli

Lumley330 wrote: »

I ring more or less every day and we are getting no further.

So you are wasting your time and energy then...

The thing is that when letters are sent financial institutions (in my experience) suddenly start to take the complaint much more seriously. They then deal with the complaint. If they don't sort it out you can complain to the financial ombudsman. But write a letter...

When you phone you get passed from pillar to post. In my case my most recent complaint with an institution was that two balance transfers I had made didn't hit the CCs they should have. I phoned. I phoned.
Then I wrote. Then it all started to get sorted...

When you write and they write you have a proper record of what has been said and are not relying on what you remember of a phone conversation, not least cos you are stressed (well I would be with almost a grand vanishing into the ether)

Lumley330

Yes they have. Awaiting yet another phone call from them. We shall see if it comes :-)

Lokolo

Well if they have recognised it as a formal complaint and it was since February then its been longer than the 8 week period that they are allowed and you can complain to the FSA.....

Have they mentioned them anywhere?

Lumley330

No they havent BUT i have just printed a form to use for the fsa. Will be doing that tonight to send off.