Corrupt barclays employee vs my consumer rights

Havelaar

Hi All

I have documentary evidence that a senior barclays staff member lied to the Ombudsman during an investigation - as a result the case was closed after 2 years without resolution and FOS refuses to revisit the case- they were just as useless as the bank

Also have audio evidence of the same individual lying to me on the phone repeatedly.

FCA does not want my evidential pack

Original complaint relates to false accounting by barclays who failed to credit my mortgage acc with overpayments in 2013 - they actually claimed the balance went up!

I am exhausted by the whole thing, it is making me ill and has ruined my retirement plans as I am now in my 3rd year of being unable to make overpayments as the balance remains incorrect.

Roped my MP in and he wrote to them once, but his office never responds to emails and it impossible to get hold of.

No lawyer will take on the case as they say the legal fees will outweigh my losses.

I also filed a separate complaint about the Ombudsman as they should have been more thorough in checking what the corrupt staff member told them.

Can baking staff really be untouchable? This is misconduct/corruption but no one is interested. Several months ago i emailed every media outlet going, inc BBC watchdog and no one responded.

Any ideas on where to go next. I just want the account corrected and to be able to resume overpayments. BTW the corrupt staff member is in the complaints dept!!!

tomtontom

Why can you not make overpayments now?

Are your losses within the remit of small claims?

wealdroam

So we now have three threads on this saga.

Havelaar, why is that?

For reference, here's the other two:
https://forums.moneysavingexpert.com/discussion/5295806
https://forums.moneysavingexpert.com/discussion/5295878

JReacher1

Time to unleash the big guns..

http://www.bbc.co.uk/programmes/b0070tc5

bris

You cant use audio evidence unless you told the employee that the call was being recorded and was it ok, this question needs to be part of the recording, your word won't count.


If you believe the employee has lied and cost you money then this is fraud, the police would be the ones to go to now. If you have no real proof then you have no real case.

lucy03

bris wrote: »

You cant use audio evidence unless you told the employee that the call was being recorded and was it ok, this question needs to be part of the recording, your word won't count.

If you believe the employee has lied and cost you money then this is fraud, the police would be the ones to go to now. If you have no real proof then you have no real case.

Judges in civil cases can potentially accept evidence, entirely at their discretion, even if it was obtained illegally. I rather suspect though that if there is just some confusion about accepting over-payments on a mortgage that this is going to be a uphill struggle if even the Ombudsman and your MP have not progressed the matter.

With regards to the over-payments, don't the original mortgage documents make clear what should happen in such circumstances? If you've paid in money that they've lost you can claim at the small claims court without needing to muddy the issue with trying to use phone conversations. If you've been unable to pay money against the account that you should have been able to do then you can work out your losses and claim on that. But there must surely be a substantial paper trail with regards to this without needing to use a phone call?

pendragon_arther

I have a friend who is in a similar situation with this fraudulent bank. There's a few more cases https://www.google.com/search?q=barclays+employee+frauds&ie=utf-8&oe=utf-8

Havelaar

Yes I did inform barclays i was recording the conversations - and they informed me they were recording too. My mp is pursuing it, albeit slowly. I cant wait as i only have 4 months of current mortgage year to make overpayments up to 10% - otherwise i lose another year

FOS claimed my account had been corrected and closed the complaint. Subsequently, i got my FOS file and found barclays lied to FOS claiming the account was correct when it is not.

Reason for separate threads is because of the new developments as above - i was trying to keep it simple. There was actually no ruling for the bank to adhere to because FOS never instructed them to correct the account since they lied and told FOS it was correct.
Yes i can work out my losses, but if they keep refusing to correct the balance, it gets even more complicated making overpayments on a wrong balance. If they have not corrected an error after 2.5 years - how do i get them to correct it after i make overpayments on a wrong balance?

Having lied to FOS, this barclays employee then conceded that the account was incorrect. He made numerous agreements with me, then failed to implement them. Fortunately i have it all on audio.

A while ago i contacted every media outlet going and no one responded, not even Watchdog.

Anyhow I have now ascertained that Barclays does in fact have a counter-corruption/misconduct unit and have submitted my evidential pack. Whether or not anything will come of it I have no idea. It is generally for staff to report other staff but apparently they will consider external reports

lucy03

Havelaar wrote: »

Yes I did inform barclays i was recording the conversations - and they informed me they were recording too. My mp is pursuing it, albeit slowly. I cant wait as i only have 4 months of current mortgage year to make overpayments up to 10% - otherwise i lose another year

FOS claimed my account had been corrected and closed the complaint. Subsequently, i got my FOS file and found barclays lied to FOS claiming the account was correct when it is not.

Reason for separate threads is because of the new developments as above - i was trying to keep it simple. There was actually no ruling for the bank to adhere to because FOS never instructed them to correct the account since they lied and told FOS it was correct.
Yes i can work out my losses, but if they keep refusing to correct the balance, it gets even more complicated making overpayments on a wrong balance. If they have not corrected an error after 2.5 years - how do i get them to correct it after i make overpayments on a wrong balance?

Having lied to FOS, this barclays employee then conceded that the account was incorrect. He made numerous agreements with me, then failed to implement them. Fortunately i have it all on audio.

A while ago i contacted every media outlet going and no one responded, not even Watchdog.

Anyhow I have now ascertained that Barclays does in fact have a counter-corruption/misconduct unit and have submitted my evidential pack. Whether or not anything will come of it I have no idea. It is generally for staff to report other staff but apparently they will consider external reports

Just work out your losses and proceed to court - it doesn't matter if it goes on beyond this tax year, just keep track of how much worse off you are if Barclays have breached their agreement. If they disagree with your figures they can submit their own. A court would expect them to reply with an explanation of why your figures are wrong.

I don't understand what the Barclays staff member in the phone conversation has to do with the proceedings though. But if it is relevant include the transcript in the court paperwork.

saker75

In terms of media - your best bet is probably Money Box - http://www.bbc.co.uk/programmes/b0080g47