I have been a victim of Internet fraud on my ABSA cheque account. ABSA let me know that they don't take any responsibility for money lost through internet fraud. Is this right??
I have reported the fraud case with the police as well as ABSA, but ABSA doesn't want to refund me my loss of R14,200
Welcome, and thank you for your question.In order to enable me to assist, kindly provide further details of the manner in which you were defrauded.Yours faithfully,
I received a telephone call from a lady claiming to work for ABSA. She said that I was paying a lot of bankcharges (and told me the exact amount) and said that ABSA is offering a new package that will reduce bankcharges. She also named all my stop orders on my account and knew all my personal details. She said I will receive an e-mail that I have to complete. I opened the e-mail and then proceeded entering my account number and pin. I would never have done this if I didn't receive a "legitimate" call from the bank! The web page I was on gave an error and I closed it. I received an sms almost immediately saying that I logged into cellphone banking (which I have never done). I went into my account immediately and saw that 4 x R1,000 was withdrawn via "cash send". I never received any RVN number for these transactions. I then called the call centre to lock my internet banking. After I called another 2 payments (R5,100 each) were made to 2 different accounts at another bank. I reported it personally at ABSA as well. I opened a case of fraud at the police station and sent everything to ABSA fraud devision as well. After almost 3 weeks, upon me enquiring about the outcome, ABSA told me that they can not be held responsible for Internet Fraud. I want to know if I am not covered by the CPA? Do I have a legal case against ABSA for the loss of the money?
You do have a claim against ABSA for the two payments that were made after you reported the fraud, but unfortunately not for the payments that were made prior to you reporting the fraud.Yours recourse, in the event that ABSA does not want to take responsibility for the 2 payments subsequent to you reporting the fraud would be to lodge a complaint with the ombudsman for banking services.Yours faithfully,
B.Comm; LL.B; LL.M.
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