Do I have grounds to sue my Bank?

rayjay01

I recently had an accident at work which resulted in a very painful break to my arm. This has left me pretty much house bound, and impossible for me to drive.

Due to 'technical difficulties' on Barclay's behalf, I could not access my online banking account and I was left with no other option than to ask my Son to drive to Barcaly's Bank and transfer some money from one account to another, so I could withdraw money for the week.

He got there to find that none of their "Account Management" cash points were in order due to the 'technical difficulties' they're experiencing - leaving him no option other than to go to the counter and ask for it to be done by them.

Instead he was told that the card was being taken from him and destroyed, despite explaining the situation to a Branch Manager and asking them to contact me via telephone, they wouldn't do anything unless I came down to the branch in person.

My son quickly rushed back to get me as we really have no other option, it's our only method of finance. We returned to find that the branch had closed and the Branch Manager was refusing to talk to us, regardless of the fact after a certain amount of time we were banging on the windows.

I can appreciate the fact that this has been done for my own protection, but they do not have any resolution in place for people who weren't trying to commit fraud, who were genuinely trying to access their OWN money. The simplest resolution to this would have been to contact me on the number registered to my account, and ask the normal frustrating security questions they always do when I try to do telephone banking. I could have proved who I am, and told them I gave my son permission to hold my card.

They have taken and destroyed my only method of obtaining MY money and despite quickly returning to the Branch, they have now shut until Monday - leaving me with no way of feeding my Son and I, pay the electricity meter or pay for petrol. I have absolutely no access to MY OWN money, and they can't (or won't) do anything until Monday.

I have been put through a lot of stress and I am really quite worried to how I am going to feed us both or stay warm with no electricity.

Do you think I may have a case to take Barclay's to a claims court for the stress I have been put through?

What makes it worse is the fact a majority of the staff members were laughing at us while we were getting frustrated outside. I don't find taking every penny someone owns and then saying sorry we can't help you until Monday, very funny...

I am so angry right now. Any advice would be very much appreciated.

Trajal

I don't think it's worth going to court over - that in itself is a boring and expensive process.

Instead I would create a timeline of absolutely everything that happened. Leave out anything emotional at this stage, just document the episode.

Then start to document what effect this has had on you in terms of food available, having to borrow from friends/neighbours, etc.

THEN put down your emotions at each stage. Explain that it clearly left you a horrific combination of embarrassed, humiliated, frustrated, ashamed, scared, etc.

THEN call the HQ of the bank, and ask to speak to the PA to the chief executive - in this case - Antony Jenkins.

It is unlikely you will speak with Mr Jenkin's PA - however you should be put through to a more senior complaints team. Get an email address and email your timeline, your outcomes and your personal feelings about the episode.

Explain that this is not acceptable and that in addition to seeking reparation of any fees incurred, you also are looking for costs to cover the additional expenses you incurred and a robust 'no admission' cash settlement from them for all of the emotional hurt and damage that you experienced.

Let us know how it goes please.

ColdIron

Did you give your security details to your son? If so you haven't a leg to stand on, simple as that

JuicyJesus

They were trying to protect you from fraud. They have no proof that you had authorised use of the card by the person claiming to be your son, and obtaining consent from you would give tacit approval to you breaking their terms and conditions. So "I could have proved who I am, and told them I gave my son permission to hold my card" is irrelevant since you don't have permission to give that permission.

If it wasn't actually your son with your card in a Barclays branch wanting to withdraw money, what would you like to be done? Would you like them to just hand it back so the fraudster could use the card again online or something? No.

Not a leg to stand on. They have acted in your interests - you on the other hand have broken their terms and conditions by giving your card and PIN to another person.

They also don't have to open the door for you after they closed.

alanq

I don't see that you have any cause for complaint still less to sue. The Ts&Cs will say that you will not divulge your PIN or hand over your card to any third party. You did so. Could you not have done something via telephone yourself?

The more fuss that you kick up the more likely that the bank will freeze or close your account completely.

Following your accident, if required, it was up to you to arrange a power of attorney with the bank to allow someone to act on your behalf.

HoneyAndLemon

rayjay01 wrote: »

My son quickly rushed back to get me as we really have no other option, it's our only method of finance. We returned to find that the branch had closed and the Branch Manager was refusing to talk to us, regardless of the fact after a certain amount of time we were banging on the windows.

Probably shouldn't do that with one broken arm already.

On another note, you said you do telephone banking, can you not just do the transfer that way?

seven-day-weekend

I don't see as Barclays have done anything wrong. They were acting in your interests. It could have been anyone with your card.

Torry_Quine

Barclays have done nothing wrong here, they have in fact acted in your interests . You broke the terms of your account by giving your card and PIN to your son.

chanz4

How can a broken arm leave you housebound?

pmduk

To answer your original question. No. I cannot see any grounds for you to sue them. They refused to allow a third party to make a withdrawal on your account. They refused to stay open beyond their advertised hours. They've behaved entirely within the rules.

You on the other hand have given your security details to a third party, despite this being against the terms and conditions of the account. Perhaps they should be the ones considering legal action?

Your broken arm is irrelevant. It didn't stop you visiting the bank once your card had been retained by the bank.

jonesMUFCforever

.......If I had a penny for everytime somebody told me ''I have the card and have the authority to withdraw/transfer etc'' I would not be on here unless the internet works on a Barbados beach!