Barclays holding me liable for a loan.

[Zimsmiley]

Hi Guys

I’m new to this. I’m in need of help. In a short summary I exchanged my phone under warranty and after exchanging it I had a loan taken out with Barclays and the money was then transferred into my account and then out of the account via betting sites. (Using a process of match betting I believe).

Barclays confirmed that the device used to apply for the loan was the device I had handed back to apple. They holding me liable because they say I must of given someone my card details and pin.

Whilst they where investigating the fraud they issued me a new card and pin which I didn’t use or even open but once again I had more money taken out my accounts via debit card payment from this new card. They refunded the money that got used from the new card but didn’t give me an explanation how that happened.

Any way I took this case to the financial ombudsman but got the same results Barclays have now asked wescot to act on there behalf... I’ve not spoken to wescot yet but I’m prepared to go to court as I have evidence I didn’t apply for the loan but yet I’m still being held liable can someone please give me some advice on how to deal with this.

We talking £26k so it’s a lot of money I can’t afford to pay back and don’t see why I should have to pay it back.

[warwick65]

Re: Barclays holding me liable for a loan.

Hi
Did you reset you phone prior to returning it to apple ( as they advise) or did someone in the apple store do this for you?

Have Barclays place a default on your your credit file?

As this is such a large amount of money you may want to take some preliminary legal advice
@Diana M - any thoughts

[Zimsmiley]

Re: Barclays holding me liable for a loan.

Hi Warwick65

This happened last year March, it’s been a real pain trying to defend myself.

When I went into apple to exchange it they showed me how to wipe the phone so as far as I was aware the phone was wiped clean apparently not as someone managed to retrieve all my data back onto it including my mobile banking apps.

Barclays put a default onto my credit file about 6 months ago. I’ve made no payment to them. The investigation from the bank and then ombudsman took a year and a half to complete a stressful year and a half and I’m still in the same position I was.

[warwick65]

Re: Barclays holding me liable for a loan.

That shouldn't happen with apple.
Have you complained to them as well

Also have you reported the fraud to the police?

[Zimsmiley]

Re: Barclays holding me liable for a loan.

It shouldn’t happen but it did and the banks have confirmed the device was the one I handed back so I can only presume someone got all the data back onto it.

I’ve complained to apple but haven’t had a response and I don’t think I will. Is it worth sending another letter to them?

I reported it to action fraud as the police instruct you to them and that’s as far as it goes.

[ostell]

Re: Barclays holding me liable for a loan.

So do you have a crime number or any similar reference to give to Barclays.

Any computer like device: Deleting a file only marks the entry in the directory as deleted, the file is still there until overwritten. Recovered many a "Deleted" file.

[Zimsmiley]

Re: Barclays holding me liable for a loan.

Hi Ostell

I did get a reference number and I gave that to Barclays and the financial Ombudsman.

The case has gone through Barclays fraud and then Barclays complaints. Once I received Barclays final decision I took it to the financial Ombudsman but still get the same response and still being held liable for the loan as they say I must of given someone my details which I dispute. I don’t know where or who ended up with the phone I handed back.

[Amethyst]

Re: Barclays holding me liable for a loan.

When you returned the phone under warranty to the Apple shop did you get a receipt or any documentation at all ?

money taken out my accounts via debit card payment from this new card. They refunded the money that got used from the new card but didn’t give me an explanation how that happened.

Were all those card payments made online? Records where the payments were made - any goods or just more betting ?

IP addresses for transactions on betting sites , and other, can be checked too for location.

With the original match better, where was the money withdrawn to ?

For 26k it's worth getting a bit more fierce about getting this properly investigated.

[Zimsmiley]

Re: Barclays holding me liable for a loan.

Hi Amethyst

When I returned the phone I didn’t get anything but since all this happened I managed to get copy’s of the documents stating my phone was exchanged under warranty and the serial numbers of both phones are on the documents including the date of transaction.

The cards payments from the new card where done online to a virtual credit card I never managed to find out where the money went from there as the banks refunded the money so stopped looking into it.

The bettings sites are being very stubborn and are not supplying me with any info regarding IP address and things like that. The bank did say the IP address used matches my IP address but again this can’t be true as I don’t have the device that was used to make the payments or apply for the loans.

As to where the money went that unfortunately is untraceable... in brief I’ll explain how it works the fraudster was placing my money on let’s say England to loss the rugby today and then on his account he was placing a matching bet for England to win. So when England win the betting site takes my money as a lososing bet and payout to all winning bets that could be millions of people the aim of match betting is so you betting risk free no matter what the result your covered. And if England did loss he would bet on something else until he won and my money lost

[ostell]

Re: Barclays holding me liable for a loan.

What did the bank say about the IP address? If you are with a normal internet provider your IP address is assigned dynamically and is not necessarily the same number. The address is assigned to the router/modem and your actual device is assigned its own, variable, private IP address. So unless you are with a provider that gives you a fixed IP address or you are paying for a fixed IP address then unless the bank have contacted your internet provider then they couldn't know.

[Zimsmiley]

Re: Barclays holding me liable for a loan.

Ostell,

You make a very good point this is what the bank said in a letter from them,

We contacted the merchant(betting site) and they have provided us with 4 IP addresses, three of these match IP addresses I’ve used for my mobile bank application.

They later tell the ombudsman that I didn’t have mobile banking on my previous device. So this meaning the bank admitted once again that the device used to make the transactions is the same device used to apply for the loans which in turn is the same device I handed back to apple.

I was able to prove to the ombudsman that I did have mobile banking as Barclays send you a letter every time you register a new device for mobile banking and luck enough I kept mine from the start.

The bank also said in another letter that because my internet provide and mobile phone provider is the same as the ones used to make the transactions and loan application it must of been me

[ostell]

Re: Barclays holding me liable for a loan.

IP address proves nothing, BT have have millions of customers using their range of IP addresses. How many millions of people use BT internet and BT phone? The only truly unique address is the MAC code of the device (and even that can be spoofed).

So who does the the IP address unknown to you belong to (the internet provider).

[Zimsmiley]

Re: Barclays holding me liable for a loan.

That’s exactly what I said to them. They didn’t answer to who the other IP address belongs too.

I strongly believe I have enough evidence to hold up in court but have never been to court.

Barclays kept making excuses and there story kept changing the ombudsman didn’t even consider the fact Barclays provided false info about the mobile banking application and I proved it was false in the decision of the ombudsman they stated it doesn’t matter who applied for the loan. They backed Barclays because they say I must of given my details out. I know the ombudsman look at if the compliment was handed in the right way and not about the evidence it’s a waste of time going through them