Barclays Fraud / GDPR breach

HiggiHiggins

To give you some idea on using post.

letter arrives at bank, is scanned onto system, is then sent to be indexed to the correct department. (often wrong when not a official reply letter with banks codes on) 
It will then be placed in a work queue for someone to work.
No mail is simply opened & sent to a department for someone to look at.

As to you complaint. For someone to look at it, it will take time. No matter who is dealing with it. They will have to start from your 1st reporting of the fraud, listen to calls etc, refer to notes & people involved, review old complaint.

Apologies, when I say write I mean email. So the email was straight back to the individual dealing who asked me to reply to confirm. I appreciate they will deal with multiple cases so things still take time but I’d have expected an a refund or very least acknowledgement of email within a few days as he’s expecting it coming.

the team that’s now dealing should be across the case and know it at a reasonable level. But if it’s been moved to someone else then I agree it’s going to take time to fully understand things. 

born_again

Email to them 👍
If like some of us, 4 days is all we work, part time even less.

Even going to the Exec team, may not get the same person dealing. As our exec team, just pass these complaints the more experienced complaint handlers.

Part of the problem with the same person dealing with it is that they already made a decision, & it will take pretty compelling evidence to change their decision. 
Which is why another person looking at it from scratch helps. As they have no preconceived opinions.

I hope you do get the result you deserve, as it appears there have been mistakes & a lack of proof of their verdict on the case.👍 

HiggiHiggins

born_again said:

Part of the problem with the same person dealing with it is that they already made a decision, & it will take pretty compelling evidence to change their decision. 
Which is why another person looking at it from scratch helps. As they have no preconceived opinions.

I hope you do get the result you deserve, as it appears there have been mistakes & a lack of proof of their verdict on the case.👍 

Yes very true I understand that a fresh pair of may see the whole thing in a completely different way.

Sadly it’s no further forward, a week on from the email from the new case handler and there’s no update and I’m assured they are doing everything they can to resolve the matter as fast as possible. The goodwill gesture they offered for the single missed payment transaction, I’ve still not had returned either after giving them the account to pay this into 3 weeks back and advising them last week that this had not been paid as stated yet.
So just another waiting game now, 14 weeks now they have had the complaint and I’m clueless, don’t know what is happening or how long it will be. What else can there be to look at after already completing a thorough investigation on the cases.
im losing the will

born_again

TBH. Nothing should take that long, other than the complaints team being busy.
Returning the fraud payments to retailer. Gives them 45 days to contest. Add another week for these to be looked at, at bank. Then either pass proof to you (know they did not do that) or close case.

In reality average fraud case with either no reply from retailer or a reply that is clearly not the customer. From speaking to customer to closing case 6 to 8 weeks.
Anything from retailer that hints at maybe customer will go to customer (who tend to ring back very quickly once received) will depend on what they say. This can delay things up to another month depending on outcome.

TBH. As case is open again, it could be 8 weeks from reopening. But if they still say no. Then I would go straight to FOS. But that again could be months.

HiggiHiggins

born_again said:

TBH. Nothing should take that long, other than the complaints team being busy.
Returning the fraud payments to retailer. Gives them 45 days to contest. Add another week for these to be looked at, at bank. Then either pass proof to you (know they did not do that) or close case.

In reality average fraud case with either no reply from retailer or a reply that is clearly not the customer. From speaking to customer to closing case 6 to 8 weeks.
Anything from retailer that hints at maybe customer will go to customer (who tend to ring back very quickly once received) will depend on what they say. This can delay things up to another month depending on outcome.

TBH. As case is open again, it could be 8 weeks from reopening. But if they still say no. Then I would go straight to FOS. But that again could be months.

When the cases were raised by the exec team on 22Nov, the forms were returned the next day 23 Nov. From there on 25 November they advised the case was referred to onshore team. By 7 Dec the outcome letter was sent. So 2 weeks start to finish for around 60 txns.

I don’t think they are overly busy and they have never wrote to advice of any delay and not once contacted me regarding any aspect. 

So in reopening the case again they can claim 8 weeks further?I could understand if new information had come to light or if supplied something they hadn’t been privy to but there’s nothing new. If they are satisfied to the level that they have thoroughly investigated and made the decision three times now then how could they change the outcomes prior.  

Should or could I go to fos now having had a final 3 times now?

phillw

HiggiHiggins said:
So in reopening the case again they can claim 8 weeks further?I could understand if new information had come to light or if supplied something they hadn’t been privy to but there’s nothing new. If they are satisfied to the level that they have thoroughly investigated and made the decision three times now then how could they change the outcomes prior.  

Should or could I go to fos now having had a final 3 times now?

They can claim whatever they like. I believe it's 8 weeks from the original complaint before you go to the ombudsman.

Otherwise they could prevent everyone from going to the ombudsman.

But the ombudsman will take longer and barclays will stop pending their decision.

However they possibly already have done that, assuming you might give up.

HiggiHiggins

So had a 4th outcome letter on this case now and original decision upheld, just answers some of my questions (but not the ones they didn’t want to) and a bit more of an explanation he states.

Originally the £250 compensation he offered was for poor service and delay in handling complaint. In this letter it’s claimed it’s for applying the wrong disclaimer to the wrong case and investigating it as well as for the previous complaint handler ignoring calls and emails for over a week. This wasn’t mentioned as part of the original offer of compensation.

Regarding data being disclosed to merchants when I hadn’t signed to authorise them to work on those transactions, they claim to have looked at this and see no breach as no “unnecessary” personal info weasel disclosed during investigations. I’m no expert on this matter but if you don’t have authorisation to disclose someone’s information then any information provided is unnecessary? 

Still no evidence (which I didn’t expect as as they say the case for fraud is closed) to show any investigation or outcome for any transaction reported. I don’t know which txn have been looked into, why they deem it fraud/liable or what the merchants said over each. So no evidence that any investigation has been conducted. 

I read a comment of yours on another thread born again and my case is the same. When I reported these txn they did not provide a refund on these as per the FCA guidelines. Now one case was deemed fraud in 10 days. The other 2 never got looked at as paperwork wasn’t received to investigate these. They can’t have had any suspicion I authorised payments or were negligent so had no reason to not refund. The guild lines also state they should investigate quickly (within a few days) yet after reporting these, for the two cases they failed to deal with, they weren’t actually looked at by fraud for approx 77 days purely on their ability to progress cases.

HiggiHiggins

Hi all again. Saga is still ongoing with them.

I raised a case with the ICO after they wrote and claimed they had investigated any data breach and “as no unnecessary personal information was disclosed during investigation” 

barclays wrote back to the ico and claimed that my personal info hasn’t been shared with any third parties and decisions were reached on each claim using information on internal systems and so not deemed necessary to contact any other organisations.

on many occasions by various staff I’ve been told; we’re waiting on the merchant, the merchants response will allow us to continue investigating, it takes time as every transaction has to be checked with the merchant, we wait for the merchants to provide this, we need information and confirmation from the merchants. On top of this I’ve had letters saying the fraud team have reached a decision based on information obtained from yourself, the merchant and transaction data. 

The image portrayed all along was a full thorough investigation was taking place, the delay is caused by the merchants, we have to check every transaction with them, we base out decision on information obtained from merchants and finally, who barring a third party would they investigate and determine only providing necessary information to?

Quite honestly I smell a rat and feel as they can’t prove taking necessary security checks when speaking with the overseas merchants they claimed they hadn’t needed to. Contrary to all the information they have given me all along. 

The disclaimer for says in order to carry out a full investigation the merchants need to be contacted, now a complete U turn

i believe their submission to the ICO to be false based on what they’ve told me all along, what staff have informed me after checking the system for updates, what letters have advised me, the fraud investigation process and the complete lack of any evidence supplied relating to the transactions/claims and outcomes.

I have forwarded this to the FCA as if anything else it would raise concern over the integrity of fraud investigations further maybe.

anyone any comment please 

born_again

They are not breeching any data breech. As it is covered in the T/C.
When they go to the retailers claiming fraud. All that is on the request is date, amount & card number. NO personal details. Retailer can contest providing ALL the details they hold. 
So it is common for a retailer rejecting a case to provide name, email, address or what ever they hold to prove their case. Bank will then go back stating not customer details. Again no personal details provided.

As to complaint. As detailed in the letters from Barclays. You have the right to go to FOS.

HiggiHiggins

Thanks again for the response born it’s appreciated.
my only query is that they categorically deny ever approaching any of the merchants. They have never spoken with them they say and so they can’t have confirmed anything with them or received any rejection of case, am I right?

thanks