Help, I've been scammed online need help as bank won't help me!

shottsguy22

I replied to an ad on gumtree to buy a phone the person emailed me several times and I though I'd checked everything out so I transferred the money directly into his account he told me he had it and I'd have the phone the next day, it didnt arrive and he's ignoring my emails. I spoke to the Halifax who I bank with and so does he, the fraud section said they class it as an individual transaction and not fraud which I think is crazy! I've been to my local police with all the emails etc and the guys name number and address they said they'll see if it brings anything ul on their records but I need to wait 10 days before they can officially deal with it as royal mail won't accept something hasn't arrived for 10 days. Is there any other way of making the bank reimburse me the money ? It says on my statement "if you are a victim of fraud online you won't lose your money" now they say they can't treat it as fraud as I sent it direct to his account ! Any help would be great!!!!

opinions4u

The financial transaction itself has gone to the account that you intended it to go to.

That's not a fraudulent transaction. You authorised it.

If some nice Eastern European had hacked your account and wiped it out without your authority that would be completely different.

This one is nothing to do with the bank. The fraud is in the scam, not the transaction.

Lokolo

This isn't fraud in a sense because you've sent the money to them through BACS payment, which is entirely your own fault, you authorised it. They are a lot different to things like getting your card cloned.

You should go to the police. But not sure if they will do anything.

shottsguy22

I've been to the police it's still fraud I paid for goods and didn't receive them! There must be some liability with the bank? They could reverse the payment!

Lokolo

shottsguy22 wrote: »

I've been to the police it's still fraud I paid for goods and didn't receive them! There must be some liability with the bank? They could reverse the payment!

No they can't. It's not a payment, its a transfer.

shottsguy22

Yes it was a transfer as a payment though ! They obviously know who has the money as we both bank with Halifax they could contact him and tell him to send it back but they don't care because it's not their money that's gone ! The guy has broken the law and the bank think it's ok how can that be right ?

Lokolo

shottsguy22 wrote: »

Yes it was a transfer as a payment though ! They obviously know who has the money as we both bank with Halifax they could contact him and tell him to send it back but they don't care because it's not their money that's gone ! The guy has broken the law and the bank think it's ok how can that be right ?

YOU authorised the payment, so its up to YOU to get it back. There has been no fraud in the banks eyes. How are they meant to know what you've said is genuine? All it looks like to them is you have gifted someone some money.

And no, they cannot get it back, its up to the person at the receiving end to authorise sending it back.

shottsguy22

No wonder these scammers get away with things hopefully the police deal with it better

lou-28_2

Unfortunately the banks aren't under any obligation to reverse the money. They are only obliged to reverse direct debit payments which this obviously wasn't or money that was stolen from your account which this wasn't either.

Do you have his postal address? If you have that then you could threaten him with small claims court to get the money back.

Sagz_2

shottsguy22 wrote: »

I've been to the police it's still fraud I paid for goods and didn't receive them! There must be some liability with the bank? They could reverse the payment!

It maybe fraud, but it's not online fraud, so no protection from your bank.

Hope the police can help you OP.

shottsguy22

Yes I have his postal address but the police said he could be an innocen guy who's had his identity stolen! Think I might try writing to him