I was robbed and forced to transfer money from my banking app. Who should help me? DEAN DUNHAM
I was approached on the street and forced to transfer €200 to my attacker’s bank account via my online banking app.
I reported the matter to the police and then to my bank.
My bank says it can’t help and that it’s a police matter, but the police say my bank has to solve it. Who should help me?
J. Wells, London.
Traumatic: A reader is sent back and fourth between the police and her bank after being accosted on the street and forced to transfer money from her banking app (file photo)
Dean Dunham replies: New rules that came into effect on October 7 last year require banks to refund victims of APP fraud up to £85,000 within five working days, unless an exception applies.
Authorized Push Payment (APP) fraud involves tricking someone into sending money to a fraudster pretending to be a real payee.
The new rules do not apply if there is ‘gross negligence’ (for example if you have not taken note of a relevant fraud warning from your bank or the police); if the bank finds that you are acting fraudulently; and, finally, whether your claim is actually related to a civil dispute and not fraud.
Furthermore, you must submit the APP scam claim no later than 13 months from the date of payment. At first glance you meet these criteria and do not fall under any of the exceptions.
However, I believe your bank denied your claim because it focused too much on the meaning of APP fraud.
Usually this is defined as when someone is tricked into sending money to a fraudster, but this is obviously not the case here: you were coerced, not tricked.
However, in my opinion this doesn’t matter. Even if you are forced to send money to a fraudster, it is still considered APP fraud.
The determining factor in APP fraud is that the victim consents to the transaction, even if this is done under duress or as a result of coercion or deception.
Because you quickly reported the incident to the police and the bank, this is a claim that should have been honored by your bank.
Your next step is to ask your bank for an impasse letter outlining its final position on the denial of your claim.
Armed with this, you should make a claim with the Financial Ombudsman Service (financial-ombudsman.org.uk).
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