Overturning Santander decision on non-refund after scam,

edscdk · 19 Jun 2023 at 18:28

my elderly friend let a scammer transfer all her money into various crypto exchanges,

The bank did query the transfers but the scammer convince her they were the scammers and told her what to say to them

On the basis they did call her to confirm the transactions they say no moneys for you its gone your fault

Has anyone dealt with this before and had any luck reversing the decision? who should she contact / any idea on what to say)

(i cannot help feel that they maybe what they say to people during these verification needs reviewing, since i've spoken to a few OAPs in the process of being scammed and they took some convincing)

hurfdurf · 19 Jun 2023 at 19:07

I think Santander did their due diligence, far beyond reasonableness.

You have a customer who wants her money, rather than give it to her, you engage with her to make sure that’s what she wants to do, she assures you it is. At what point do banks refuse to give people their money for their own good?

Slam62 · 19 Jun 2023 at 19:14

How much are we talking about?
I feel there needs to be protection for the old somehow. The scammers know who to target and how.
How old is she?
Did Santander really do enough?

Without a transcript of the conversation we can't judge, you could try and contact one of those TV programs or something.

edscdk · 19 Jun 2023 at 19:18

Slam62 said:
How much are we talking about?
I feel there needs to be protection for the old somehow. The scammers know who to target and how.
How old is she?
Did Santander really do enough?

Without a transcript of the conversation we can't judge, you could try and contact one of those TV programs or something.

I agree just asking the question in case someone has any bright ideas..

edscdk · 19 Jun 2023 at 19:26

Slam62 said:
How much are we talking about?
I feel there needs to be protection for the old somehow. The scammers know who to target and how.
How old is she?
Did Santander really do enough?

Without a transcript of the conversation we can't judge, you could try and contact one of those TV programs or something.

Only 20k so could have been worse ,she is 70..

Did they do enough? yes I guess but I'd love to see the number of legit v scam money transfer from people over 60 to bitcoin exchanges.. Interesting if the bank asked if someone was telling her what to say

I'll ask her to ask them for a transcript good plan..

BUDFORCE · 19 Jun 2023 at 19:27

There are no win no fee solicitors forms advertising all the ti r on the radio for thos sort of thing.

BUDFORCE · 19 Jun 2023 at 19:27

Fraud and Scam Claims - CEL Solicitors

Lost money to fraudsters and scammers? Start your fraud claim today. CEL Solicitors are experts in recovering money for victims.

celsolicitors.co.uk

Slam62 · 19 Jun 2023 at 19:32

edscdk said:
Only 20k so could have been worse ,she is 70..

Did they do enough? yes I guess but I'd love to see the number of legit v scam money transfer from people over 60 to bitcoin exchanges.. Interesting if the bank asked if someone was telling her what to say

I'll ask her to ask them for a transcript good plan..

Well I would say they obviously didn't do enough, they may well have followed company process or whatever but that obviously is not good enough.
She was scammed, they had a chance to stop it, they didn't.
They are liable IMO.
They spoke to her they new what was going on, they didn't do enough checks.

Just my opinion remember.

flea.rider · 19 Jun 2023 at 19:41

get in touch with the papers .. might see a turn around ...

Begbie · 19 Jun 2023 at 20:10

edscdk said:
Only 20k so could have been worse ,she is 70..

Did they do enough? yes I guess but I'd love to see the number of legit v scam money transfer from people over 60 to bitcoin exchanges.. Interesting if the bank asked if someone was telling her what to say

I'll ask her to ask them for a transcript good plan..

ONLY?!

What about contacting the police? It's surely illegal?

Jelly4mybelly · 19 Jun 2023 at 20:28

Other than this being a friend of yours. On what basis do you think that the decision should be overturned?

cainer · 19 Jun 2023 at 20:30

edscdk said:
my elderly friend gave her let a scammer

Got confused so stopped reading there

edscdk · 19 Jun 2023 at 20:35

Jelly4mybelly said:
Other than this being a friend of yours. On what basis do you think that the decision should be overturned?

I don't I was fishing for advice, already had some good advice, get a transcript.. Look at no win no fee solicitor..

Though I'd be willing to bet 95% of over 60s who suddenly try and move all their money to a crtpyo exchange are being scammed.. Its a well know fact the scammers target old people and tell them what to say..

fezster · 19 Jun 2023 at 20:37

Banks need to follow guidance and codes of practice, which has been strengthened to protect vulnerable people from scammers. You should advise your friend to take this to the financial ombudsman, who can thoroughly investigate whether the bank conducted all of the checks that they are expected to - https://www.financial-ombudsman.org.uk/businesses/complaints-deal/fraud-scams

Hades · 19 Jun 2023 at 20:38

Sadly it does sound like the bank tried to confirm the transaction and your friend confirmed it was indeed her decision to go ahead. I don't think we can expect a bank to refund in every case. However you could try the no win no fee route, or possibly contact the financial ombundsman.

Slam62 · 19 Jun 2023 at 20:40

edscdk said:
I don't I was fishing for advice, already had some good advice, get a transcript.. Look at no win no fee solicitor..

Though I'd be willing to bet 95% of over 60s who suddenly try and move all their money to a crtpyo exchange are being scammed.. Its a well know fact the scammers target old people and tell them what to say..

95% I would think it was 100%

fezster · 19 Jun 2023 at 20:49

Worth reading some of the case studies I linked to. Even in circumstances where people have ignored advice and/or clearly authorized payments that seem to be obvious scams, banks have been held liable because they didn't perform adequate checks, especially where the person's previous history of transactions indicated this to be unusual activity.

Banks also need to notify the police where they think a scam may be occurring so that the police can contact the customer to check they are not being instructed or coerced into making payments.

hurfdurf · 19 Jun 2023 at 21:01

Begbie said:
ONLY?!

What about contacting the police? It's surely illegal?

Wait crime is illegal?! WHY ARENT THE POLICE STOPPING ALL CRIME AND ARRESTING EVERYONE THEN?!?

Begbie · 19 Jun 2023 at 21:11

hurfdurf said:
Wait crime is illegal?! WHY ARENT THE POLICE STOPPING ALL CRIME AND ARRESTING EVERYONE THEN?!?

What a weird reaction, I was asking if the police would even get involved as the person involved handed over the money and wasn't stolen in the traditional sense.

Jelly4mybelly · 19 Jun 2023 at 21:35

edscdk said:
I don't I was fishing for advice, already had some good advice, get a transcript.. Look at no win no fee solicitor..

Though I'd be willing to bet 95% of over 60s who suddenly try and move all their money to a crtpyo exchange are being scammed.. Its a well know fact the scammers target old people and tell them what to say..

I am sure it is but banks need to draw the line. If they simply returned money to everybody who claims to have been scammed then two things will happen

1) The costs will be passed on to their other customers
2) There will be a lot more attempts at fraud

Obviously I am sorry to hear that this has happened to your friend and scammers are the lowest of the low. However banks can only do so much to stop this happening, they do not have power of attorney over their senior customers.

As has been said above. If you do not think the banks carried out due diligence then your next recourse is the Ombudsman.