Barclays Bank Hell

Dirk_Gently_2

I'm highly dubious about the whole OP as presented.

Still, it's got people on the internet arguing vehemently about the meanings of specific words and endlessly quoting each other, so it's all been a great use of everyone's time....

JuicyJesus

InsideInsurance wrote: »

Other than Barclay's Current Account T&Cs say otherwise

Kindly point to the bit where Barclays offers the service of retrieving bank transfers made by their customer in good faith on nebulous grounds. While I can't honestly be arsed to go digging through Barclays' T&Cs right now, I'll wager that they can only withhold monies in the case of fraud. This is not fraud.

Although I'm with the others and I say this didn't happen because no sensible bank will do this.

InsideInsurance

Already posted the text from them http://forums.moneysavingexpert.com/showpost.php?p=63467190&postcount=25

Where it states it will recover monies made TO their customers if the sending bank requests so. Whilst it gives examples of insufficient funds or fraud as the reasons for doing this it doesnt say the list is exhaustive.

Obviously in this case, if it exists, we have no true knowledge of what the sender said to their bank about the transactions. They certainly wouldnt be the first to false claim a transaction was fraudulant, done under coercion etc

heidi09

Hello all.

Firstly I would like to apologise for not getting back on here. I have been extremely ill and in and out of hospital for the past few weeks.

Secondly, I think it's absolutely disgusting that there are some narrow minded, pathetic people on here thinking that I have made the whole thing up. I have better things to do with my time; clearly those of you that think this is all made up have no intelligence what so ever and I don't even want to waste my time with you.

Thirdly, thank you so much to those that have given me genuine advice. We have spoken to a few solicitors about this and have been told that the only option is to take this woman to a Small Claims Court - however it will cost anything in the region of £900-£1500. Money which we don't have But then again, not taking her to Court just feels like she has got away with it, so really don't know what to do at the moment.

As for Barclays, we are still in the process of making a formal written complaint, but with all the stress and my ill health it has been very hard for me to even get to writing the complaint letter. I do however; hope to get it done this week.

I will hopefully be on here more regular now and keep those of you that are interested, updated on the whole situation.

innovate

A small claims, or Money Claim Online for £4,500 does not cost you anything like £900 - £1,500 if you win your case. All you have to pay is the court fee, which is something like £50, and you can get your costs awarded as part of the judgement.

Edit: actually, seems the fee for a £4,500 claim is £100:
https://www.gov.uk/make-court-claim-for-money/court-fees


The few solicitors you have consulted obviously have added their own costs to your possible costs - again, you can get that money back as part of the judgement, and if your solicitor is worth their mettle.

Conversely, if you lose, you might have to stump up the costs of the defendant. But this wouldn't be an issue since you are certain that you are owed the money, aren't you.

Thrugelmir

heidi09 wrote: »

Thirdly, thank you so much to those that have given me genuine advice. We have spoken to a few solicitors about this and have been told that the only option is to take this woman to a Small Claims Court - however it will cost anything in the region of £900-£1500. Money which we don't have But then again, not taking her to Court just feels like she has got away with it, so really don't know what to do at the moment.

That's the nature of business. Your dispute is with the non paying customer not Barclays. You should obtain all your legal costs back too.

Have a word with the CAB they should be able to help you complete the forms. Firstly you should write and give notice though. Give the person an opportunity to respond to a demand for payment.

grumbler

innovate wrote: »

....you can get that money back as part of the judgement, ....

AFAIK this (full cost of a solicitor) is never guaranteed. I was told this by a solicitor when I was considering legal actions once.

grumbler

Thrugelmir wrote: »

That's the nature of business. Your dispute is with the non paying customer not Barclays...

Why not Barclays? It's Barclays who took the money from the account without any grounds whatsoever. Their actions were based on some false claim that they failed to check properly.

Archi_Bald

grumbler wrote: »

Why not Barclays? It's Barclays who took the money from the account without any grounds whatsoever. Their actions were based on some false claim that they failed to check properly.

I agree. Though I have no legal training, that's why I suggested earlier that the OP needs to get legal advice.

It is not clear from their last post whether they asked their solicitors who they should be taking to court.

grumbler

I think Barclays should be taken to the FOS in the first place.