This is a really unfortunate situation that you
have been placed in and you have my every sympathy because I was nearly in
a similar situation as you are 10 years ago when someone rang me purporting
to ask me if I wanted an increased overdraft limit which I did not. In so many
words I told them to get stuffed because they rang me on a Sunday. I complained
to the bank on Monday and it ended up with an investigation because the bank
does not make such calls and certainly does not make them on Sunday.
There was actually more to it because earlier
that day, someone had rung the bank purporting to be me and asking to increase
the overdraft limit. I had a small overdraft limit but the account was always
in credit and they wanted to increase it from £3000-£10,000.
Evidently what they then do is get in to your account
(or they did at the time because the Internet banking system was very basic), using
the pass word and username of all things from your mobile phone account held by
the mobile phone company because, of all things, this fraud was perpetrated
from within a mobile phone company! It worked on the basis that most people use
the same username and password XXXXX everything and the mobile phone company had
people's bank account details in any event. Once into the account, they emptied
it into a spare account, emptied the spare account and then closed it
Clever. Fortunately, they didn't get me but that
was only because I was annoyed at being rung on a Sunday.
And so, to your case.
Until 18 months ago, my partner was a senior
fraud investigator for a credit card company and therefore, before answering
this I wanted to run this past her. True, it was a credit card company she
worked for but the principles are the same to a point.
The analogy you use of the credit card is really
based upon completely different facts because the situation is completely
different if you had bought something with this money and then the item did not
You actually were victim of a telephone fraudster
who quite plausibly asked you to ring another number which may have been the
same number or may have been his colleague hanging on the line and you then
transferred the money to the account (voluntarily) that you had been given the
details of. This is not how building society's work although you were not to
My partner use the analogy which is that in
effect, you took the money out of your building society account and gave it to
a doorstep conman in that case, the building society has no liability.
The building society's duty of care does not
extend to advising every account holder of every single kind of fraudulent
activity because that would be a mega-gargantuan task. They do say on
monotonously frequent basis that you should never disclose your account details
to anyone and whilst I accept that you did not do that, you transferred money,
quite willingly to a third party without actually verifying the third party's
For that reason, I think that nationwide have no
liability to you. They do however have a duty to investigate this and it is
highly likely I am advised that your details have come from within nationwide
otherwise, they would not have your telephone number and know that you had a
This should therefore be referred to their
internal fraud department but you should also refer it to the police. Whether you
get your money back is anyone's guess but it would seem unlikely unless they
catch the fraudsters.
I'm sorry, I appreciate that this is not the
answer you wanted but there is no point in me misleading you or giving you
false hope. I have a duty to advise you truthfully and honestly, even if that
answer is unfavourable which I appreciate it is
Does that answer the question? Can I assist
further or answer any specific queries?
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PS Experts on here are online and off-line all day each day and
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PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
hear me correctly and you will get an incoherent word. I do try to but
sometimes they slip through. I apologise therefore if anything doesn't make
sense. It is me losing it, not you. Just ask if anything is not clear please.