Seeking compensation for bank losing mortgage instalment.

mowerman2

Barclays/Woolwich lost our December mortgage instalment. It was paid in by cheque at one of their branches and cleared through our account. They denied receipt and asked us to prove the funds were transferred from their branch to their mortgage collection centre. We supplied the stamped paying in counterfoil as proof.
The next we heard we were being threatened with repossession due to the 'missed' payment. We contacted the FOS who gave Barclays 8 weeks to respond. We claimed £250 compensation for the costs involved and in particular the unnecessary distress caused by being threatened with repossession. Barclays did not reply to any of our letters but eventually we saw on our March statement that the instalment was credited to our mortgage account and backdated to December.
If Barclays decline to pay compensation how can we pursue our claim as their behaviour has caused us considerable stress and anxiety?

beecher2

mowerman2 wrote: »

We claimed £250 compensation for the costs involved and in particular the unnecessary distress caused by being threatened with repossession.

What costs did you actually incur? I don't personally see why you should be compensated for anxiety but then I don't understand the claim culture we seem to have developed in this country.

dunstonh

The next we heard we were being threatened with repossession due to the 'missed' payment.

Are you already in arrears? If not, then its very rare to be threatened due to a late payment. Lenders wont go for repossession until you are at least a few months behind. They will of course warn you that repossession could occur if you go into arrears but thats not a threat.

If Barclays decline to pay compensation how can we pursue our claim as their behaviour has caused us considerable stress and anxiety?

If Barclays reject your complaint then you can refer your case to the FOS. The FOS will ask Barclays what went wrong (it may not be their fault - it could have got misplaced in the clearing cycle. However, with the crossing stamp information available, Barclays could have traced that. Typically taking a couple of weeks).

If the FOS feel Barclays have not handled your complaint satisfactorily they may ask Barclays to award a goodwill gesture. Typically from £10 to £250.

danielanthony

Take them to the small claims court

Wutang_2

danielanthony wrote: »

Take them to the small claims court

Be this sarcasm?

_Andy_

danielanthony wrote: »

Take them to the small claims court

Is that like a claims court but tiny/miniature?

Wutang_2

_Andy_ wrote: »

Is that like a claims court but tiny/miniature?

Don't be so facetious (spell check maybe needed) - its aimed at those who have gone through this kind of total despair where this isnt actually anything to claim. Unlike grown up court (big claims court).

dunstonh

Unlike grown up court

So not where Gary Glitter was prosecuted then.

_Andy_

dunstonh wrote: »

so not where gary glitter was prosecuted then.

:t:t:t:t:t:t:t

mowerman2

I am familiar with small claims procedure. Should Barclays decline my request for compensation is a small claim possible ?

opinions4u

mowerman2 wrote: »

I am familiar with small claims procedure. Should Barclays decline my request for compensation is a small claim possible ?

Yes.

But why not use the FOS? It's free.

A court could rule against you AND order you to pick up Barclays' legal bill.