** Fraudulent disputed withdrawal * need advice now

puddy

further to my previous posts, which were more about what sort of compensation one would ask for after barclays mistakes, we are past that point now, we just want the money back in the account, HOWEVER

arrived home just now to find the awaited response from Barclays

no acknowlegement of the card sent to the wrong address or apologies, ok,,,, but then, what they have said is that they disbelieve that a (and I quote) 'fraudster would wait 12 months before using a card', therefore they conclude that the previous response to us was correct and they do not consider it fraudulent activity.

there was no acknowlegement of the fact that my partner had never been asked if he ever received his card, therefore they are effectively calling us liars.

someone said in this thread that the bank have to show proof of negligence, is their assumption of how fraudsters work proof of this? i am incandesant and dont know how to go forward with this, obvioiusly with the FOS but what to say ?

jonesMUFCforever

Start a formal complaint - give the bank a maximum of 8 weeks for their final response then go to the Ombudsman.

puddy

so our appeal process, the letter we got today is the final word on that appeal, is that separate from the official complaint?

jonesMUFCforever

Yes it is but you can point them towards this letter when you complain.

puddy

do we go to the fsa now about the actual withdrawal dispute AND complain or wait until the complaint is over

zppp

puddy wrote: »

do we go to the fsa now about the actual withdrawal dispute AND complain or wait until the complaint is over

The FSA don't deal with disputes between banks and customers. You will be able to take your complaint to the FOS, after a final response or letter of deadlock has been issued (which is the bank's final stage). The FOS will then take it forward and make a judgement based on yours and the bank's evidence.

puddy

sorry, yes i meant fos, not fsa

so the final letter we have had from the section who deal with disputes, is that the banks final word (as they say in that letter) or do we exhaust a complaints process first before going to the fos? i thought if we make a complaint to the bank they would simply refer us back to the dispute's team outcome

zppp

puddy wrote: »

sorry, yes i meant fos, not fsa

so the final letter we have had from the section who deal with disputes, is that the banks final word (as they say in that letter) or do we exhaust a complaints process first before going to the fos? i thought if we make a complaint to the bank they would simply refer us back to the dispute's team outcome

I would suggest contact Barclays, ask them if this is a final response, as this needs to be issued before you can go to the FOS. They will tell you, and I suggest you take it from there to be honest. (Sometimes the wording is not clear cut as to whether it is final or not) If it isn't they need to escalate it and make a final decision.

puddy

forgot to say that they sent the ombudsmans leaflet with the letter and put in the letter 'you may now go to the ombudsman' or something liek that

however, we do also feel (even if we go to the fos) that we need to complain about what is a laughable and ludicrous response based on the 'average fraudster' and a response that does not answer any of about 5 points that we put to them in the last letter, im also unclear as to how this proves negligence on our part or the absence of fraud

jed1_2

Just one thing about this strikes me as a bit odd. I have not read every single reply so i don't know if someone else has raised this but here goes -

If this current account was not wanted, not asked for & not even used then how the heck was there enough money in it to withdraw £500?