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DansDeals Forum => Credit Cards => Topic started by: Shmulyg on January 10, 2020, 03:21:33 PM

Title: Small Claims against Barclays Bank. Possible?
Post by: Shmulyg on January 10, 2020, 03:21:33 PM
Barclays forced me to pay a 2.5k fraudulent charge that landed on my card. I tried, for months, to have it removed from my account (CFPB, executive office, hours on phone with fraud dept, etc...), to no avail. After exhausting all option i decided to take them to small claims court. Problem is, it appears their banking department doesnt have any locations in NYC. Does their lack of branches around the country essentially shield them from small claims court?
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: tzifanya54 on January 10, 2020, 04:25:29 PM
Barclays forced me to pay a 2.5k fraudulent charge that landed on my card. I tried, for months, to have it removed from my account (CFPB, executive office, hours on phone with fraud dept, etc...), to no avail. After exhausting all option i decided to take them to small claims court. Problem is, it appears their banking department doesnt have any locations in NYC. Does their lack of branches around the country essentially shield them from small claims court?
Something is missing from the story, you noticed the fraud and told them about it? Or is it a dispute?
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: Shmulyg on January 12, 2020, 10:44:18 AM
Something is missing from the story, you noticed the fraud and told them about it? Or is it a dispute?
Yes, there is much missing from the story, as it is long and protracted. It is a fraud case, not a dispute. If ill have the time ill iyh write it up later, as there is much to be learned from it for others. But at this point i need help with filing a small claims suit. Anyone ever file against a bank without offices in your local small claims jurisdiction? 
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: Shmulyg on January 12, 2020, 08:00:03 PM
Something is missing from the story, you noticed the fraud and told them about it? Or is it a dispute?

Abridged version of my story goes as follows:

Received letters from barclays for two of my cards stating theyll be deactivated due to inactivity. Went to look for those cards to do a small swipe to keep them active but i couldnt find them. Called up and requested replacement cards. Whole story slipped my mind. A week or so later i receive a fraud alert (text, i think) on one of my barclays cards. i decline the transaction. Later that day i log in to see whats going on and see someone went on a small shopping spree with two of my cards. Called up to dispute the charges. Rep asks me if i currently have my cards. I replied that i dont know (i was thinking of the old cards which were possibly still by me). Short while later fraud claim was denied because the cards used (the new replacement cards - which i never received) were chip cards (which supposedly can't be replicated) and i didnt state unequivocally that i dont have them. I spent hours trying to explain that i never even received said chip cards and when i stated that i dont know if i have my cards i was talking about my old cards, but to no avail. They even insisted that i myself activated them from my own phone number. I suspected spoofing so i requested from them the date and time of activation. After receiving the activation info i went ahead and sent in phone records showing i never made such a call. They then reopened the case and gave me a temporary credit. Two seeks later a receive letter that the case involving a 1k swipe on one of my cards was decided in my favor. But only a few days after that i receive another letter that the other case, involving 2.5k, on my other card was decided not in my favor. At that point i filed with the cfpb and had someone reach out to me. She gets back to me several days later telling me that despite the phone records it was me who activated the cards (same voice 🙄) and i really should have never received the 1k credit on the other card but they wont reverse that. There are many, many, many arduous details that i dont have time to write up right now, but this is the gist of the story.

I write this so people should take heed and think twice before answering fraud reps when dealing with a chip card.
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: Shmulyg on January 12, 2020, 08:01:57 PM
Now wanna file in small claims but it seems there's no simple way of doing that since barclays doesnt have a presence here in nyc
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: chinagel on January 12, 2020, 10:34:56 PM
Now wanna file in small claims but it seems there's no simple way of doing that since barclays doesnt have a presence here in nyc
Did you pay the bill yet?
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: Shmulyg on January 13, 2020, 12:45:12 AM
Did you pay the bill yet?
Yes. Why?
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: tzifanya54 on January 13, 2020, 12:55:43 AM
Wow, Barclays is the worst.
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: chinagel on January 13, 2020, 01:00:33 AM
Why don't you try arbitration?
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: Moshe123 on January 13, 2020, 06:23:32 AM
Just wow
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: sillypainter on January 13, 2020, 07:21:35 AM
I once took Sears to SC. It basically makes no sense as they can bring a lawyer in NY and lawyers love adjourning cases and that makes you tired. Unless you have no problem with that, do it. They may settle with you. I tried another route, called them in a state where they can't bring a lawyer, so it had to be an employee vs. you. Of course that employee has a lawyer in the side.

Another important thing. As long Barclays has ANY address in NY you can claim it here. you just serve that address. It's enough.
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: 12HRS on January 13, 2020, 10:24:00 AM
 @rileywiles23
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: rileywiles23 on January 13, 2020, 07:15:59 PM
I once took Sears to SC. It basically makes no sense as they can bring a lawyer in NY and lawyers love adjourning cases and that makes you tired. Unless you have no problem with that, do it. They may settle with you. I tried another route, called them in a state where they can't bring a lawyer, so it had to be an employee vs. you. Of course that employee has a lawyer in the side.

Another important thing. As long Barclays has ANY address in NY you can claim it here. you just serve that address. It's enough.
Problem is they dont have any NY based address
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: sillypainter on January 13, 2020, 08:22:56 PM
1301 6th Ave. Braclays Investment Bank.


Title: Re: Small Claims against Barclays Bank. Possible?
Post by: Shmulyg on January 14, 2020, 11:52:01 AM
1301 6th Ave. Braclays Investment Bank.
My case is against Barclays Bank Delaware. That's a different entity.
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: ltttc on January 14, 2020, 12:29:09 PM
Yes. Why?
Can I ask why you paid???
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: Shmulyg on January 15, 2020, 12:57:40 PM
Can I ask why you paid???
Im not getting your line of questioning. Please explain
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: Shmulyg on January 15, 2020, 01:00:35 PM
Whoops. Thought you were same poster as before. I paid because the bill was due. Card has 2.5k credit line so just making min payment would have tanked my credit score. Expected to get the money back, of course. And i will
Title: Re: Small Claims against Barclays Bank. Possible?
Post by: Shmulyg on January 30, 2020, 02:27:27 PM
Will probably be suing in DE. Hoping they settle and don't actually make me schlep down there. If anyone has any actual knowledge/experience with suing for similar reasons (would like to know if i should be requesting another couple K for the time/aggravation involved in my ordeal), pl let me know. No need for hypothesising. Looking for real data. Tnx guys!