Suing a bank for professional negligence?

goldmine2011

Nasqueron said:

If you haven't done it already, reset ALL your passwords, email + banking, and get your computer or whatever you access it swept for malware or similar. If someone is getting into your account and doing it all this, it's because they have your login details and enough info to pass security checks. That it's happened twice indicates an ongoing security breach of your systems. If you live in a place with shared mail, consider going paperless to avoid stuff being intercepted in the post.

So this is the biggest point of contention.

The only way you can have conversations from your account is within the in-app Barclays chat. meaning you have to have the Barclays app installed on your phone, you log in, and then you scroll down and go to the "chat" function.

We were told to uninstall this on the 6th they also confirmed that they deleted the device as a registered device on the same day, I only have the 1 phone so from the 6th, the Barclays app was totally gone from my 1 and only device it could be on.

The hacker was able to have in-app chat to a Barclays agent on the 7th, 8th, 9th, 10th. Even though its not installed on any of my devices during this time, so that means they are not live accessing my phone or other devices because the Barclays app didn't exist on my phone during that time.

Option 2 would be that they installed the Barclays app on their own phone and then somehow logged in.

But the Barclays fraud agent confirmed verbally over the phone that from the 6th to the 12th, there are Zero registered devices showing up in relation to my account, whether its online banking or app login, zero devices.

and yet I have video proof of these chats that clearly happened between the 7-10th, I ask him to explain how that is even possible that they had these chats and you guys have no proof anybody was logged into my account and he was sort of stunned when he went to see them himself and said has no answer for that was possible.

This is what makes me think there is a security flaw within Barclays itself

masonic

goldmine2011 said:

This is what makes me think there is a security flaw within Barclays itself

If it were a security flaw within Barclays itself, then there would be many more people having this issue. Whereas when all known incidences affect one individual, the most likely explanation is there is something particular to their own environment that is allowing fraudsters to get into their app. Either way, if Barclays has no reasonable grounds to suspect negligence or participation on your part, they have a duty to refund you, which it appears they have done.

The behaviour you describe suggests the fraudsters have remotely captured a session from your device and can therefore continue using it after you remove the app. It may be a failing that Barclays has been unable to block/detect this, but they'd need to have pwned the device to get to that point.

born_again

goldmine2011 said:

eskbanker said:

FOS are correct that they'll only act after you've been through the bank's complaints process - are you definitely following the process published on their website?  You are allowed to name the bank on here by the way....

its Barclays, and it a premier account which we pay £20 a month for.

Exactly, so its essentially a catch 22.

FOS - you need to go through Barclays complaint process before we step in

Barclays - just ignore all your complaint requests so that FOS never step in



What we have sent in terms of contact so far -

- A physical letter to - Specialist Complaints P.O. Box 27127 GLASGOW G2 9LF

- Emails to - Privatebankclientservices@barclays.com

- called 0800 279 3665 (https://www.barclays.co.uk/content/dam/documents/plan-and-invest/plan-and-invest-how-to-complain.pdf)

- live chat as mentioned previously

in addition to this we have also CC'd in a huge 4 page document detailing the above in even more detail to :

• C.S. Venkatakrishnan (Group CEO) CS.Venkatakrishnan@barclays.com

• Matt Hammerstein (Chief Exec of UK CSR and corporate banking) Matt.Hammerstein@barclays.com

• Rob Morris (Director of Operations – Core complaints) Rob.Morris@barclays.com

• Vim Maru (Chief Exec of Barclays UK) Vim.Maru@barclays.com

Neither of those emails were sent a bounceback which means that they are valid, whether someone has read them I would have no idea.

If you have proof you complained to correct area, then FOS would not reject the complaint. They would take that as a major failing by the bank. Who can not fail to raise a complaint.

If the emails have attachments in a non approved format, they are simply deleted by banks security systems.

boingy

Forget suing them. You'll get nowhere and your only reward will be stress.
But definitely move to a new bank.

powerspowers

Could you ask for a subject access request detailing all communications made on your account? I think there is a certain deadline they have to work to. 

Ksw3

Would one of the money agony aunts in some of the newspapers be able to step in and help?

You have my sympathy, I have finally had a response to my own complaint with Barclays about their poor understanding of data protection and inconsistent approach by staff. I sent my complaint to a freepost address I found on their website and they replied a few weeks later. 

ETA: My complaint was not nearly as serious as yours. 

attila_123

Change your bank! They sound awful. 

Olenna

Given that they've refunded the funds in full and you have/intend to move banks. 
What is it you're looking to achieve?

Barclays may give you a goodwill payment (to make you go away) but that is likely to be comparable to whatever the FOS may award you with the extra hassle that involves. 

Emily_Joy

OP, is there any reason you have only one bank account? This is definitely not recommended.

Petriix

Are you certain that you can't also create and access chats via online banking? It seems that they are able pass security to log in. This might be possible with a few static details even if you've changed your email address or phone.