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I was notified by Barclays that my new card was send to a…

Hello. I was notified...

Hello. I was notified by Barclays that my new card was send to a new address which was not mine. I called them and told them to cancel the card because t was a fraud. I even had them place more security they deactivated my online account. I asked them when would I be able to activate my new account. They said when I receive my new card in California. Anyway, they card never arrived they ended up sending it to Texas (fraud address) I called back they said it was activated and had been used when I had notified them of my correct address. Anyway, they sent me a letter to my fiancé address which is not mine and has never been on file to notify me that my new card was being used. I have no idea how they even received his address.

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: What steps have you taken so far?

I had to close my account and told them I didn't want to deal with it. They received portion of my information since they activated with my new card. So definitely canceled. I called all credit bureaus I had to place a fraud alert in all my account.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I had to lock my credit as well

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Answered in 8 minutes by:
3/18/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,168
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 1 month ago
No worries

Great, thank you! The system may automatically ask you for a phone call; however, it’s not required that you take it. Bear with me a moment while I review…

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Customer reply replied 1 month ago
I will wait no worries thank you so much

I'm sorry to hear about this situation. Barclays should cancel the amount since it was used fraudulently and should also not report this amount to your credit reporting bureaus either. If they don't, then you should tell them that this appears to be a classic breach of contract because they failed in their performance of sending you the card to the right address. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

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If they don't move quickly, then you can ask the credit reporting bureaus for help.

If you click here, you can download a very good template for only $10 that outlines the law regarding the FCRA (Fair credit reporting act requirement that says that only accurate information can be posted) and the best part is that you only have to download it once and you can make as many copies as you want. Mail those into the credit reporting agencies and they will work on the investigation for you. How else can I help you today?

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Customer reply replied 1 month ago
I wouldn't be able tos sue them for sending my information to an unknown source when I had notified them that it was a fraud after I spoke to them on the phone? And for them sending me a fraud alert letter to my fiances address even though that address has never been in file with them ( which was he incorrect address I provided them as well) which cost the process to delayed on me finding out there was activity going on in my account due to their negligence of sending the new card I requested to Texas?

That was actually my next point and I'm glad you brought that up. You could sue on the grounds of negligence.

Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
I was in disbelief I called on March 2 and requested for a card that was sent to Texas to be cancelled they did. I had two people on the phone a tech guy and a lady. They helped me deactivate my account they cancelled my account online. I provided them with the new information that had been on file before. They said that I could activated my online account once I received my new card in California. Unfortunately, that card was sent to Texas and they were the ones that activated my account and started shopping. I didn't report this. But I'm in disbelief that I was sent a letter when it was a fraud case to my fiances house. He lives two hours away from where I live. I live in Los Angeles and he lives in San Diego county. He called me to awkwardly tell me Barclays has send a letter to me to his house.... cluelessness of how they even got this letter. I hope this makes sense. I just want to make sure I have all the facts and it will be a case of negligence. Please advise.
Customer reply replied 1 month ago
I have the paper work and letter sent to the different places in file.

Yes, I think that a reasonable company similarly situated to Barclays should have avoided this mistake and if it caused you damages in terms of time and money to get it situated, then you would have a case for negligence. My recommendation is to try to work this out with them privately because litigation sounds easier than it is. You should work the customer service angle as much as possible because you'll probably be more successful that way.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
That's it thank you.

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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