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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70295
Experience:  Over 5 years in practice.
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After being a victim of fraud, the bank refused to refund my

Customer Question

After being a victim of fraud, the bank refused to refund my money back to me. Can I sue them and reclaim my money back in court?
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: uk
JA: What action has been taken so far? What's your ideal outcome?
Customer: refund and compensation
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 3 months ago.
Category: UK Law
Customer: replied 3 months ago.
The bank reason for not refunding my money back to me was not in line with the FCA rules and regulations. I want a refund and compensation for emotional distress and breach of contract. I have already contacted the financial ombudsman.
Expert:  Jo C. replied 3 months ago.

Why are the bank liable?

Customer: replied 3 months ago.
I believe every bank has to follow the rules and regulations from the FCA and their reasons for not providing a refund does not follow. I had been victim of fraud before where my online facility was activated. After this fraud they refunded my money back to me. I asked them if there was any way my online facility could be activated again and they told me no. I then became a victim of fraud again where my online facility was activated again. Even thou I have them on a recorded phone call stating my online could not activated. The bank stated I didn't do enough to prevent it from happening again.
Expert:  Jo C. replied 3 months ago.

OK. So why are they liable?

Why are they to blame for this?

Customer: replied 3 months ago.
If they Deactivated my online like they promised, I would not have been a victim fraud in the same way.
Customer: replied 3 months ago.
If they told me they couldn't deactivate my online, I would have taken my money out of the bank
Expert:  Jo C. replied 3 months ago.

The problem with this is that it is never really that simple.

The FCA guidelines are a non issue. The question is law. They are bound by the law like the rest of us.

There might be a negligence argument or possibly a breach of contract one. It depends really whether their security measures failed allowing this or whether or not the fraudsters found a way around them.

If the latter then you would have a claim for the loss depending on whether there are any other factors that would impact on that.

You do not have a claim for emotional distress. The loss of funds do not give rise to 'emotional distress' in law. 'Psychiatric injuries' in law are very highly defined. A person who liberated the concentrated camps has suffered a devastating experience giving rise to psychiatric injuries. A person who has lost funds has just had a frustrating experience.

Can I clarify anything for you?

Jo

Customer: replied 3 months ago.
There was no security measures in place to prevent it from happening from the bank. If anyone was to try and activate my online banking NOW, they would have to go into the bank and provide ID. When they told me my online banking could not be activated before I thought this was the measures they took first time.
Customer: replied 3 months ago.
The amount is for 15000 pounds and its been 8 months since the incident happened.
What about the duty of care law and banking code? It stats that I should not be misled in anyway
Customer: replied 3 months ago.
Sorry last question- Would this case be worth pursing after hearing what I have told you?
Expert:  Jo C. replied 3 months ago.

There were security measures. All banks have huge security measures.

Expert:  Jo C. replied 3 months ago.

To be honest, probably not.

It really depends how they were able to do this. If the fraudster went into a branch and the security measures were disapplied then it would.

We just don't know how it happened yet.

Probably though it is the usual scam and sadly that does not mean the bank is liable.

Customer: replied 3 months ago.
I have an external post box and the fraudster was able to order my card and pin over the phone using my name, dob and details from my bank statement. They was then able to break into my external post box to retrieve the card, pin and online baking. After the 1st fraud I put a password ***** my account to secure my account. This password ***** not used to get access to my account. I don't no why they didn't ask for my password. I also replaced my external post box too but it was broken into again.
Customer: replied 3 months ago.
Are the bank not liable for not implementing my password ***** a security feature?Are the bank not liable for telling me a lie that my online banking could not be activated again. Which was the reason why they was able to by pass some security features?