Suing a bank for professional negligence?

Zanderman

dinosaur66 said:

Nasqueron said:

dinosaur66 said:

banks are pushing and pushing for everyone to use online banking

i grew up on cash basis as did everyone who is over 50

anyone in there mid to late  50s to 100 left school before computers were a thing

i disagree IMO it is the job of bank staff to root out scammers

goldmine2011 was scammed

she told the bank

bank agreed

how is it possible that red flags were not put on the account and when the exact same thing happened

to use myself as an anology / i have been selling dvds/cds/videos before that for 4 decades / if i was asked to pick out the 1 counterfeit in 100k dvds i could do it at a glance when i came across it no matter how good it was

anybody who has been doing any job know what they are doing and know there job inside out is my arguement

how many ways are there for crooks to phone up and scam a customers account

my arguement is that bank staff should be expeirenced enough to root out the scammers from the genuine customer

if they are not then they should not be in that role

they went against there own policy and rules despite the customer having just been scammed in the same way before.

goldmine2011 is tech savvy

20 million of the uk older population by and large are not and they have the largest savings and largest ammount to lose on average

The first UK credit card was 1966 (Barclays), Access (NatWest) first debit 1987 (Barclays), Switch launched 1988 (Midland/NatWest/RBS). People sure may not have used the tech much but you're tarring 20m people all as not tech savvy, that's rude to say the least.

OP got scammed but the weakest link is always the problem - 1 customer being scammed of 9k indicates something different to thousands being scammed which would indicate a bank issue.

 i started work in 1982

i opened my first bank account with barclays in stratford in 1982

i was given a cheque book

everything was in cash bar this.

i even had to put 50p into the back of my rented tv for it to work

i turned on a computer for the very first time in my life in 2001

can i use a computer yes

can i do things a 12 year old can do if asked / no

i looked it up

13% of my generation and older consider themselves tech savvy

i would guess most of them would be people like my brother who worked as a money broker in the city of london when he was a boy and was sent on courses to learn by his company .in the early 80s as would have the older people in his firm had to learn same computer skills.

maybe people on career changes in there 30s might have been trained but computers were not the all powerfull  thing they have become now.

I started work in 1983, I had a bank account from 1979. I had a cheque card from the start, which became a debit card within a few years, and I also had cards to use in cash machines from about 1981. I've used computers since 1984. And I wasn't ever trained, I learnt how, because I wanted to know and realised I would, inevitably, need to know. Always useful to look ahead, and to try not to become a dinosaur!

[Deleted User]

What gets me also about these situations is the dangerous fallacy, perpetrated by the media and of course the banks, that banks hold 'our money'. That they somehow store 'our money' in an account and if someone manages to access that account and take some of 'our money' through no fault of our own, then it's a problem we, the customer, need to address. This puts the onus on the customer to prove their innocence when it comes to malpractice or criminality, and often to proactively resolve the problem. When we make a deposit, we loan the bank that money. It is now the bank's money and we enter into an agreement with the bank that they will repay that sum on demand, subject to certain criteria (highly alarming criteria, but that's another story). So if you log in one day and find that someone has accessed your account and the balance has depleted, and you have not been negligent or complicit, then that should be entirely the problem of the bank. The idea that the customer should even be involved, let alone beg the bank to return 'their' money and be grateful when the sum is eventually repaid, is a product of this misinformation we're fed about how banks work.

Just imagine if you loan a friend £100 and he promises to repay you whenever you ask. One day you request the money and he says, "Sorry mate, a burglar broke in the other day and nabbed 80 quid so there's not much left." After much pleading and jumping through hoops, and proving that you were not the burglar and that you had nothing to do with the crime, he eventually repays the full sum and you go round telling everyone how wonderful he is for refunding the money you loaned him. It sounds crazy but that's how we're conditioned to deal with banks.

goldmine2011

Ok, big update. Senior management from Barclays security called : 

They have confirmed that the issue is 100% confirmed not to be on our side

After the deep-dive they did, they have found the reason the fraudster's/hackers were able to re-access to the account is because when the first instance of this happened (back in Oct 2024) Barclays did nothing to stop it, they briefly looked into it and then just re-issued the funds. Nothing else.

This is AFTER I hounded them asking to please look into how this happened, we don't feel safe online etc, if they did as I said they would have found the backdoor that they essentially left open. So because they again literally did nothing 'proactive', my account has been accessible to the hackers from Sept-Oct 2024 up until this morning. They've been able to see all transactions that have happened and saw our direct debits, our balances etc

I can't believe this to be honest, just as I was talking about the multiple failings, this one is the icing on the cake. They had US report the fraud to them in Oct 2024, a whole investigation happened, they had to re-issue the money to us, whether it was out of their own pockets we don't know but it was a good few grand. If they actively investigated it like they did today back in 2024, this second occurrence would never have happened because they would have found and closed the exploit that they said they found today.

Its basically taken it to happen a 2nd time, us sending the emails to every single senior leadership on their website (which we now have a response). me guiding their hand on how to figure this whole thing out, us essentially telling their staff what to do and how it should be done (and yet STILL nothing was done).

it's a catalogue of errors on Barclays behalf and confirmed by the person I just spoke to. As much as I could have spent the next hour detailing how atrocious they have been I didn't want to waste more of my time, I got the admission of their guilt/failing recorded verbally now and that is all I need to provide to a solicitor who said that if I get an admission of guilt on their behalf they will look to move forward with a negligence case.

dinosaur66

Zanderman said:

dinosaur66 said:

Nasqueron said:

dinosaur66 said:

banks are pushing and pushing for everyone to use online banking

i grew up on cash basis as did everyone who is over 50

anyone in there mid to late  50s to 100 left school before computers were a thing

i disagree IMO it is the job of bank staff to root out scammers

goldmine2011 was scammed

she told the bank

bank agreed

how is it possible that red flags were not put on the account and when the exact same thing happened

to use myself as an anology / i have been selling dvds/cds/videos before that for 4 decades / if i was asked to pick out the 1 counterfeit in 100k dvds i could do it at a glance when i came across it no matter how good it was

anybody who has been doing any job know what they are doing and know there job inside out is my arguement

how many ways are there for crooks to phone up and scam a customers account

my arguement is that bank staff should be expeirenced enough to root out the scammers from the genuine customer

if they are not then they should not be in that role

they went against there own policy and rules despite the customer having just been scammed in the same way before.

goldmine2011 is tech savvy

20 million of the uk older population by and large are not and they have the largest savings and largest ammount to lose on average

The first UK credit card was 1966 (Barclays), Access (NatWest) first debit 1987 (Barclays), Switch launched 1988 (Midland/NatWest/RBS). People sure may not have used the tech much but you're tarring 20m people all as not tech savvy, that's rude to say the least.

OP got scammed but the weakest link is always the problem - 1 customer being scammed of 9k indicates something different to thousands being scammed which would indicate a bank issue.

 i started work in 1982

i opened my first bank account with barclays in stratford in 1982

i was given a cheque book

everything was in cash bar this.

i even had to put 50p into the back of my rented tv for it to work

i turned on a computer for the very first time in my life in 2001

can i use a computer yes

can i do things a 12 year old can do if asked / no

i looked it up

13% of my generation and older consider themselves tech savvy

i would guess most of them would be people like my brother who worked as a money broker in the city of london when he was a boy and was sent on courses to learn by his company .in the early 80s as would have the older people in his firm had to learn same computer skills.

maybe people on career changes in there 30s might have been trained but computers were not the all powerfull  thing they have become now.

I started work in 1983, I had a bank account from 1979. I had a cheque card from the start, which became a debit card within a few years, and I also had cards to use in cash machines from about 1981. I've used computers since 1984. And I wasn't ever trained, I learnt how, because I wanted to know and realised I would, inevitably, need to know. Always useful to look ahead, and to try not to become a dinosaur!

this is op goldmine2011 thread and not ours

facts are  13 % of the country population born before 1970 are like yourself who are tech savvy

87 % are like myself a dinosaur

Nasqueron

IamNotAllowedToUseMyName said:

Re banking complaints. If you haven't had a satisfactory answer, you should be escalating to the Financial Ombudsman. You don't need to wait for the complaint to be resolved if it has been more than 15 days (I have a text from another bank telling me that but actual timescales may vary).

You could also raise this with the ICO as the bank have a data breach. Given that it has happened again, use your original complaint as the timescale to avoid getting stuck with "give the bank time to respond" delays.

You cannot escalate a complaint to the ombudsman until 8 weeks unless the bank issues a rejection/deadlock.

If you send it after 15 days the FOS will hold the case but not do anything until the bank has had time to respond

Nasqueron

dinosaur66 said:

Zanderman said:

dinosaur66 said:

Nasqueron said:

dinosaur66 said:

banks are pushing and pushing for everyone to use online banking

i grew up on cash basis as did everyone who is over 50

anyone in there mid to late  50s to 100 left school before computers were a thing

i disagree IMO it is the job of bank staff to root out scammers

goldmine2011 was scammed

she told the bank

bank agreed

how is it possible that red flags were not put on the account and when the exact same thing happened

to use myself as an anology / i have been selling dvds/cds/videos before that for 4 decades / if i was asked to pick out the 1 counterfeit in 100k dvds i could do it at a glance when i came across it no matter how good it was

anybody who has been doing any job know what they are doing and know there job inside out is my arguement

how many ways are there for crooks to phone up and scam a customers account

my arguement is that bank staff should be expeirenced enough to root out the scammers from the genuine customer

if they are not then they should not be in that role

they went against there own policy and rules despite the customer having just been scammed in the same way before.

goldmine2011 is tech savvy

20 million of the uk older population by and large are not and they have the largest savings and largest ammount to lose on average

The first UK credit card was 1966 (Barclays), Access (NatWest) first debit 1987 (Barclays), Switch launched 1988 (Midland/NatWest/RBS). People sure may not have used the tech much but you're tarring 20m people all as not tech savvy, that's rude to say the least.

OP got scammed but the weakest link is always the problem - 1 customer being scammed of 9k indicates something different to thousands being scammed which would indicate a bank issue.

 i started work in 1982

i opened my first bank account with barclays in stratford in 1982

i was given a cheque book

everything was in cash bar this.

i even had to put 50p into the back of my rented tv for it to work

i turned on a computer for the very first time in my life in 2001

can i use a computer yes

can i do things a 12 year old can do if asked / no

i looked it up

13% of my generation and older consider themselves tech savvy

i would guess most of them would be people like my brother who worked as a money broker in the city of london when he was a boy and was sent on courses to learn by his company .in the early 80s as would have the older people in his firm had to learn same computer skills.

maybe people on career changes in there 30s might have been trained but computers were not the all powerfull  thing they have become now.

I started work in 1983, I had a bank account from 1979. I had a cheque card from the start, which became a debit card within a few years, and I also had cards to use in cash machines from about 1981. I've used computers since 1984. And I wasn't ever trained, I learnt how, because I wanted to know and realised I would, inevitably, need to know. Always useful to look ahead, and to try not to become a dinosaur!

this is op goldmine2011 thread and not ours

facts are  13 % of the country population born before 1970 are like yourself who are tech savvy

87 % are like myself a dinosaur

This is a false interpretation of a survey done in 2023 by BT Group.

The 13% figure is for people who consider themselves "very good" with digital technology, it absolutely does not mean 87% cannot cope. 

Actual data from the survey:

Away from those who are not "very good", 57% stated they wanted to be better at using and understanding digital technology, a far cry from your suggestion 87% are basically digital outcasts 
91% regularly use a mobile phone
56% of over-65s have and use a tablet
52% said if they were unsure they would ask their kids while just 5% said they would give up 
65% use facebook

A more useful survey of digital banking specifically, according to Age UK, 70% of 65-69 year olds use online banking, and around 68% of 70-75, even 75-79 is about 38% while 85+ understandably was 14% (given the health issues, incapacity etc that can affect people as they age)

dinosaur66

Nasqueron said:

dinosaur66 said:

Zanderman said:

dinosaur66 said:

Nasqueron said:

dinosaur66 said:

banks are pushing and pushing for everyone to use online banking

i grew up on cash basis as did everyone who is over 50

anyone in there mid to late  50s to 100 left school before computers were a thing

i disagree IMO it is the job of bank staff to root out scammers

goldmine2011 was scammed

she told the bank

bank agreed

how is it possible that red flags were not put on the account and when the exact same thing happened

to use myself as an anology / i have been selling dvds/cds/videos before that for 4 decades / if i was asked to pick out the 1 counterfeit in 100k dvds i could do it at a glance when i came across it no matter how good it was

anybody who has been doing any job know what they are doing and know there job inside out is my arguement

how many ways are there for crooks to phone up and scam a customers account

my arguement is that bank staff should be expeirenced enough to root out the scammers from the genuine customer

if they are not then they should not be in that role

they went against there own policy and rules despite the customer having just been scammed in the same way before.

goldmine2011 is tech savvy

20 million of the uk older population by and large are not and they have the largest savings and largest ammount to lose on average

The first UK credit card was 1966 (Barclays), Access (NatWest) first debit 1987 (Barclays), Switch launched 1988 (Midland/NatWest/RBS). People sure may not have used the tech much but you're tarring 20m people all as not tech savvy, that's rude to say the least.

OP got scammed but the weakest link is always the problem - 1 customer being scammed of 9k indicates something different to thousands being scammed which would indicate a bank issue.

 i started work in 1982

i opened my first bank account with barclays in stratford in 1982

i was given a cheque book

everything was in cash bar this.

i even had to put 50p into the back of my rented tv for it to work

i turned on a computer for the very first time in my life in 2001

can i use a computer yes

can i do things a 12 year old can do if asked / no

i looked it up

13% of my generation and older consider themselves tech savvy

i would guess most of them would be people like my brother who worked as a money broker in the city of london when he was a boy and was sent on courses to learn by his company .in the early 80s as would have the older people in his firm had to learn same computer skills.

maybe people on career changes in there 30s might have been trained but computers were not the all powerfull  thing they have become now.

I started work in 1983, I had a bank account from 1979. I had a cheque card from the start, which became a debit card within a few years, and I also had cards to use in cash machines from about 1981. I've used computers since 1984. And I wasn't ever trained, I learnt how, because I wanted to know and realised I would, inevitably, need to know. Always useful to look ahead, and to try not to become a dinosaur!

this is op goldmine2011 thread and not ours

facts are  13 % of the country population born before 1970 are like yourself who are tech savvy

87 % are like myself a dinosaur

This is a false interpretation of a survey done in 2023 by BT Group.

The 13% figure is for people who consider themselves "very good" with digital technology, it absolutely does not mean 87% cannot cope. 

Actual data from the survey:

Away from those who are not "very good", 57% stated they wanted to be better at using and understanding digital technology, a far cry from your suggestion 87% are basically digital outcasts 
91% regularly use a mobile phone
56% of over-65s have and use a tablet
52% said if they were unsure they would ask their kids while just 5% said they would give up 
65% use facebook

A more useful survey of digital banking specifically, according to Age UK, 70% of 65-69 year olds use online banking, and around 68% of 70-75, even 75-79 is about 38% while 85+ understandably was 14% (given the health issues, incapacity etc that can affect people as they age)

Nasqueron said:

dinosaur66 said:

Zanderman said:

dinosaur66 said:

Nasqueron said:

dinosaur66 said:

banks are pushing and pushing for everyone to use online banking

i grew up on cash basis as did everyone who is over 50

anyone in there mid to late  50s to 100 left school before computers were a thing

i disagree IMO it is the job of bank staff to root out scammers

goldmine2011 was scammed

she told the bank

bank agreed

how is it possible that red flags were not put on the account and when the exact same thing happened

to use myself as an anology / i have been selling dvds/cds/videos before that for 4 decades / if i was asked to pick out the 1 counterfeit in 100k dvds i could do it at a glance when i came across it no matter how good it was

anybody who has been doing any job know what they are doing and know there job inside out is my arguement

how many ways are there for crooks to phone up and scam a customers account

my arguement is that bank staff should be expeirenced enough to root out the scammers from the genuine customer

if they are not then they should not be in that role

they went against there own policy and rules despite the customer having just been scammed in the same way before.

goldmine2011 is tech savvy

20 million of the uk older population by and large are not and they have the largest savings and largest ammount to lose on average

The first UK credit card was 1966 (Barclays), Access (NatWest) first debit 1987 (Barclays), Switch launched 1988 (Midland/NatWest/RBS). People sure may not have used the tech much but you're tarring 20m people all as not tech savvy, that's rude to say the least.

OP got scammed but the weakest link is always the problem - 1 customer being scammed of 9k indicates something different to thousands being scammed which would indicate a bank issue.

 i started work in 1982

i opened my first bank account with barclays in stratford in 1982

i was given a cheque book

everything was in cash bar this.

i even had to put 50p into the back of my rented tv for it to work

i turned on a computer for the very first time in my life in 2001

can i use a computer yes

can i do things a 12 year old can do if asked / no

i looked it up

13% of my generation and older consider themselves tech savvy

i would guess most of them would be people like my brother who worked as a money broker in the city of london when he was a boy and was sent on courses to learn by his company .in the early 80s as would have the older people in his firm had to learn same computer skills.

maybe people on career changes in there 30s might have been trained but computers were not the all powerfull  thing they have become now.

I started work in 1983, I had a bank account from 1979. I had a cheque card from the start, which became a debit card within a few years, and I also had cards to use in cash machines from about 1981. I've used computers since 1984. And I wasn't ever trained, I learnt how, because I wanted to know and realised I would, inevitably, need to know. Always useful to look ahead, and to try not to become a dinosaur!

this is op goldmine2011 thread and not ours

facts are  13 % of the country population born before 1970 are like yourself who are tech savvy

87 % are like myself a dinosaur

This is a false interpretation of a survey done in 2023 by BT Group.

The 13% figure is for people who consider themselves "very good" with digital technology, it absolutely does not mean 87% cannot cope. 

Actual data from the survey:

Away from those who are not "very good", 57% stated they wanted to be better at using and understanding digital technology, a far cry from your suggestion 87% are basically digital outcasts 
91% regularly use a mobile phone
56% of over-65s have and use a tablet
52% said if they were unsure they would ask their kids while just 5% said they would give up 
65% use facebook

A more useful survey of digital banking specifically, according to Age UK, 70% of 65-69 year olds use online banking, and around 68% of 70-75, even 75-79 is about 38% while 85+ understandably was 14% (given the health issues, incapacity etc that can affect people as they age)

people have no choice

banks closed all the branches in there towns

my mother stays in west kilbride in scotland

bank and post office both closed

we have a different definition of what being tech savvy means

to me tech savvy is not someone who uses the internet or facebook or has a phone

i included myself in the people who are not tech savy

to use an anology

i can do some odd jobs on my car / but i take the car to a mechanic to do anything that requires anything but the basic jobs.

eskbanker

goldmine2011 said:

it's a catalogue of errors on Barclays behalf and confirmed by the person I just spoke to. As much as I could have spent the next hour detailing how atrocious they have been I didn't want to waste more of my time, I got the admission of their guilt/failing recorded verbally now and that is all I need to provide to a solicitor who said that if I get an admission of guilt on their behalf they will look to move forward with a negligence case.

They clearly haven't covered themselves in glory here but the question remains as to what outcome you're seeking?  You're obviously entitled to the return of any outstanding money and reimbursement of realistic consequential costs, and it wouldn't be an unreasonable expectation that there'd be some compensation in recognition of the inconvenience, but you'd need to be clear about what you're seeking from Barclays, and ought to have a decent chance of securing that if you now have the ear of senior management and an acceptance of their shortcomings.

Obviously you have a safety net of FOS if Barclays fail to resolve the matter adequately, but it's only after exhausting those avenues that it would make any sense to contemplate legal action and it's still unclear to me what you'd actually anticipate the outcome of that being?

Zanderman

dinosaur66 said:

Zanderman said:

dinosaur66 said:

Nasqueron said:

dinosaur66 said:

banks are pushing and pushing for everyone to use online banking

i grew up on cash basis as did everyone who is over 50

anyone in there mid to late  50s to 100 left school before computers were a thing

i disagree IMO it is the job of bank staff to root out scammers

goldmine2011 was scammed

she told the bank

bank agreed

how is it possible that red flags were not put on the account and when the exact same thing happened

to use myself as an anology / i have been selling dvds/cds/videos before that for 4 decades / if i was asked to pick out the 1 counterfeit in 100k dvds i could do it at a glance when i came across it no matter how good it was

anybody who has been doing any job know what they are doing and know there job inside out is my arguement

how many ways are there for crooks to phone up and scam a customers account

my arguement is that bank staff should be expeirenced enough to root out the scammers from the genuine customer

if they are not then they should not be in that role

they went against there own policy and rules despite the customer having just been scammed in the same way before.

goldmine2011 is tech savvy

20 million of the uk older population by and large are not and they have the largest savings and largest ammount to lose on average

The first UK credit card was 1966 (Barclays), Access (NatWest) first debit 1987 (Barclays), Switch launched 1988 (Midland/NatWest/RBS). People sure may not have used the tech much but you're tarring 20m people all as not tech savvy, that's rude to say the least.

OP got scammed but the weakest link is always the problem - 1 customer being scammed of 9k indicates something different to thousands being scammed which would indicate a bank issue.

 i started work in 1982

i opened my first bank account with barclays in stratford in 1982

i was given a cheque book

everything was in cash bar this.

i even had to put 50p into the back of my rented tv for it to work

i turned on a computer for the very first time in my life in 2001

can i use a computer yes

can i do things a 12 year old can do if asked / no

i looked it up

13% of my generation and older consider themselves tech savvy

i would guess most of them would be people like my brother who worked as a money broker in the city of london when he was a boy and was sent on courses to learn by his company .in the early 80s as would have the older people in his firm had to learn same computer skills.

maybe people on career changes in there 30s might have been trained but computers were not the all powerfull  thing they have become now.

I started work in 1983, I had a bank account from 1979. I had a cheque card from the start, which became a debit card within a few years, and I also had cards to use in cash machines from about 1981. I've used computers since 1984. And I wasn't ever trained, I learnt how, because I wanted to know and realised I would, inevitably, need to know. Always useful to look ahead, and to try not to become a dinosaur!

this is op goldmine2011 thread and not ours

facts are  13 % of the country population born before 1970 are like yourself who are tech savvy

87 % are like myself a dinosaur

Indeed it is OP's thread, but it's your posts that have been taking it off-topic! I've replied to yours, as have others, to point out that what you're saying, including your misquoted statistic, is not correct. You persist nevertheless. But I agree it's off-topic, so this is my last post on this thread.

dinosaur66

goldmine2011 said:

Ok, big update. Senior management from Barclays security called : 

They have confirmed that the issue is 100% confirmed not to be on our side

After the deep-dive they did, they have found the reason the fraudster's/hackers were able to re-access to the account is because when the first instance of this happened (back in Oct 2024) Barclays did nothing to stop it, they briefly looked into it and then just re-issued the funds. Nothing else.

This is AFTER I hounded them asking to please look into how this happened, we don't feel safe online etc, if they did as I said they would have found the backdoor that they essentially left open. So because they again literally did nothing 'proactive', my account has been accessible to the hackers from Sept-Oct 2024 up until this morning. They've been able to see all transactions that have happened and saw our direct debits, our balances etc

I can't believe this to be honest, just as I was talking about the multiple failings, this one is the icing on the cake. They had US report the fraud to them in Oct 2024, a whole investigation happened, they had to re-issue the money to us, whether it was out of their own pockets we don't know but it was a good few grand. If they actively investigated it like they did today back in 2024, this second occurrence would never have happened because they would have found and closed the exploit that they said they found today.

Its basically taken it to happen a 2nd time, us sending the emails to every single senior leadership on their website (which we now have a response). me guiding their hand on how to figure this whole thing out, us essentially telling their staff what to do and how it should be done (and yet STILL nothing was done).

it's a catalogue of errors on Barclays behalf and confirmed by the person I just spoke to. As much as I could have spent the next hour detailing how atrocious they have been I didn't want to waste more of my time, I got the admission of their guilt/failing recorded verbally now and that is all I need to provide to a solicitor who said that if I get an admission of guilt on their behalf they will look to move forward with a negligence case.

glad you are getting it sorted and a big fish got back to you finally giving you peace of mind more than anything else as you must have had a constant worry.