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  • #46

    Sorry I did read your post but didn't feel like it warranted a response though I admit I missed the last part of your post about further help.

    I think in short, there's not much you can do other than to complain to the FOS about their conduct and continued threatening behaviour despite a formal complaint being investigated. You could report them to the Financial Conduct Authority's enforcement team by making a complaint about their conduct and how they are deliberately breaching the FCA rules, particularly their obligations under CONC which they are required to abide by as part of their authorisation.

    You could also write to FCA (the finance co.) and point out their poor behaviour and conduct and inform them of your intention to report the matter to both the FOS and the FCA as it is unacceptable on their part. I'm sure there was another thread not too long ago where Barclays were doing the same thing and I believe the poster had received a small compensatory award after Barclays acknowledged that what they did was wrong.

    Other than the above, the other options would be to commence legal proceedings, either for data protection breaches and/or negligence. If FCA do apply a negative report to your credit file, that could potentially open it up to you bringing a claim under Section 138D of the Financial Services and Markets Act 2000 (FSMA). Under Section 138D, you are able to bring a claim against an authorised firm where you have suffered a loss as a result of any breach of a rule by the firm. I should point out that there is almost non-existent case law on this as it is rarely used but I believe it is a possible action against FCA in addition to the other claims you may have against them if you went down the legal route.

    I'm afraid for the majority of people who come as far as you, they are reluctant to go as far as taking legal action and so they get stuck with negative reports on their credit file and do nothing about it. Unless it is challenged, finance companies will continue to use and/or abuse their position in order to coerce you into paying up.

    I can assist you wherever possible but ultimately, it's up to you to weigh up the options.

    Try to do a search about Barclays and FCA complaint as there might be some template examples floating around, if not I will see if I have any that you could adapt if you wish to write to the Financial Conduct Authority and/or the FOS or FCA.
    Check out some useful guides below

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    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.


    • #47

      Thank you very much R0b it's really helpful.
      I will definitely look into the Barclays case and see what I can find but if you do think you have anything that I can adapt that would be very greatlfully received!!
      I am also going to try to get in touch with the Ombudsman again to further complain about the threatening behaviour from FCA. I will also look into the financial conduct authority route as well.
      How will I know if they have applied a negative report to my credit file? Is there a way that I can check or do they have to inform me? At the moment all the wording has been that they 'may' or 'might'.

      Thanks again!

      Kind regards


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