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SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5590
Experience:  Director and Principal Solicitor. UK
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My bank has advised me to contact you to assist me. I have

Customer Question

My name is***** and my bank has advised me to contact you to assist me. I have paid for goods from South Africa. I was setting up a poutry farming and bought goats, turkeys eggs, chicken eggs, guinea fowl eggs, chicken wire mesh poutry product to shipped to Ghana which should have been delivered on 11th of March 2021. The farmer will ask pay for vacine, South Africa import fees, port authority fees, etc which is refundable. The goods never arrive and insurers authorised their bank to refund me my money plus compensation. The bank said I should open offshore account with them which I refused and asked them to refund the money to my bank account in the UK. To this day they are not sending me my money. Barclays Bank has advised me to contact you
JA: Where are you? It matters because laws vary by location.
Customer: Please am in Slough BERKSHIRE
JA: What steps have you taken so far?
Customer: Through Barclays Bank they contacted their London office
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The manager said you will able to send me to see a lawyer
Submitted: 11 days ago.
Category: Law
Expert:  Virtual-mod replied 11 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 11 days ago.
I will wait for your help. Thank you
Expert:  Nicola-mod replied 9 days ago.
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Customer: replied 9 days ago.
Customer: replied 9 days ago.
Find me someone
Customer: replied 8 days ago.
Thank you
Expert:  SolicitorRM replied 7 days ago.

Good evening, welcome to just answer.

Expert:  SolicitorRM replied 7 days ago.

I am a solicitor and reviewing your question now for you.

Expert:  SolicitorRM replied 7 days ago.

Thank you for your patience thus far.

Expert:  SolicitorRM replied 7 days ago.

Please note that although I can guide you, just answer does not provide legal representation and as such no solicitor/client relationship is formed.

Expert:  SolicitorRM replied 7 days ago.

If the money was paid from Barclays Bank in whose branch is not in the UK the money will be refunded to that account alternatively an account in that country. I am assuming you paid from a Ghana account.Money Laundering regulations will not allow them to refund the money to the UK if the paying bank is not in the UK regrettably.If you are speaking of Barclays plc registered here in the UK then you can complain to the FOS who will investigate and their decision would be binding on the bank.

Customer: replied 7 days ago.
Can you find me a solicitor to get my money back into my UK account because my bank has followed it up through their London office and all the transfers I made has been paid to their bank in South Africa
Expert:  SolicitorRM replied 7 days ago.

Should you have any further information for me to consider do not hesitate to send your follow up message and I am more than happy to clarify anything. All the best.

Customer: replied 7 days ago.
Don't complicate things am living in 6 Birch Grove Slough Berkshire SL2 1EP how can you say if the money was paid from Ghana?
Customer: replied 7 days ago.
Kindly send me FOS details address and phone numbers for me to contact them
Expert:  SolicitorRM replied 7 days ago.

I am not sure your message is in that tone simply because I have understood your facts the way I have. Anyway sorry if you feel things have been complicated, it is not the intention.

What reason did your bank give you for suggesting opening an offshore account to process a refund?Did they give you a final decision letter? Was it a charge back you requested from them?

Customer: replied 7 days ago.
Am in Slough and I paid the money through Barclays Bank Plc UK Slough branch
Expert:  SolicitorRM replied 7 days ago.

Thank you for you mssage. Where they have agreed to refund the money and the payment was by bank transfer the charge back must be done to the account from which the money was debited in the first place. It is very strange that the bank is requesting that you open an offshore account to get your money back after accepting to pay you the money. If you do not have it already request their deadlock/final decision letter and log your complain on to the Financial Ombudsman Service online, they will look into this for you.

Customer: replied 7 days ago.
They are not replying my email from South Africa. It is the bank in South Africa who are holding on to my money not Barclays Bank Plc UK
Expert:  SolicitorRM replied 7 days ago.

If you had requested a charge back though it would be the UK bank that would need to pay you that refund not the clearing bank in South Africa.

What insurance cover did you have?

Customer: replied 7 days ago.
What is a charge back? It is my UK bank Barclays Bank Plc who advised me to contact the Citizens Advice Bureau who can help me find lawyer
Expert:  SolicitorRM replied 7 days ago.

Ok so where you make payment from your account and the service or goods that you have paid for have not materialised you can look to your bank to see if they can refund the money for you. If you make the request within 28 days they will look into it and the earlier the better the chances. Now Bank transfer is the least protected so whether they accept the charge back application (request for money to be returned to your account/debit card) is discretionary but from experience if reported early and within 28 days and they can see that you were defrauded the bank often processes the refund. Payment by credit card is always the best option because the Consumer Credit Act protects your payment and the card issuer refunds the money.

From what you have now clarified, Barclays has declined your claim and they are looking for you to seek your own refund directly from the receiving bank. South African banks will be governed by their own regulations in south africa and regrettably you will not be able to work around their policies.

The bank will be directing you to seek advice because they feel they have done all they could to help.

I had asked you what insurance you had that you made reference to in your initial information because there may be a way to enforce against your insurer.

Customer: replied 7 days ago.
The goods I bought from South Africa to be shipped to Ghana I paid for freight, insurance, customs duty and transportation to my village
Customer: replied 7 days ago.
All this was arranged by the company I bought from in South Africa
Customer: replied 7 days ago.
phone call will good but please wait till the weekend when my pension will be paid into my account then I can pay for it.
Customer: replied 7 days ago.
My UK bank has never asked me to open any account. Every thing I say to you is about the their bank in South Africa.
Customer: replied 7 days ago.
The company in South Africa and their bank in South Africa are the ones who are not refunding my money back into my UK account. They are strange people
Expert:  SolicitorRM replied 7 days ago.

Good morning, thank you for your messages this morning. I understand now. Your complaint however should have been to your Uk bank and they would communicate with the South Africa bank to try and recover the money. Failing that really you ought to pursue the seller, the bank in South Africa would strictly not have an obligation to return the money unless the seller agrees and authorises them to. Depending on the amounts we are concerned with here it may be worth engaging an attorney in South Africa to commence litigation there on your behalf.