Online banking fraud - refusing to help me

corbyboy

agrinnall wrote: »

I'd guess it'll be from the delivery address for the online purchases. If it was the OP's son that did it then the simplest answer will be to get the £500 back from him and not involve the bank or police at all (other than to get the card cancelled and reissued).

I am sure a child that will steal from his mother will gladly hand back the cash if you ask him very nicely.

meer53

If the bank have any evidence that the fraud was carried out by the OP's son, they won't refund unless the OP is prepared to prosecute. The Police won't be involved unless the OP is prepared to do this. It's stalemate for the OP unless they give more information and as they haven't been back to the post i think we have answered that question for them.

No bank would ever make a statement about something like this unless they can back it up with evidence. The OP must already have asked the bank to look into this for them to tell her that it may have been her son. They probably have documentation with name and address details on.

jalexa

meer53 wrote: »

If the bank have any evidence that the fraud was carried out by the OP's son, they won't refund unless the OP is prepared to prosecute.

What *exactly* do you mean by "prepared to prosecute"? In non-financial circles the police investigate crime, pass the evidence to the prosecuting authorities who decide whether or not to prosecute. The "victim" doesn't prosecute, or are you suggesting a private prosecution?

Except for this type of "crime" banks do the investigation and then (usually) sweep the technical and process weaknesses under the carpet. I don't think the banks should have it both ways.

meer53

jalexa wrote: »

What *exactly* do you mean by "prepared to prosecute"? In non-financial circles the police investigate crime, pass the evidence to the prosecuting authorities who decide whether or not to prosecute. The "victim" doesn't prosecute, or are you suggesting a private prosecution?

Except for this type of "crime" banks do the investigation and then (usually) sweep the technical and process weaknesses under the carpet. I don't think the banks should have it both ways.

The OP goes to the Police station to let them know that there has been fraud on her credit card. They ask her whether the bank know about this. The OP says, "Yes they do but they aren't refunding me because they say it was my son" The Police then say, "We will investigate this for you, but are you prepared to prosecute your son if this is proved ?"

If the OP says yes then the bank will refund. If not, then how are the Bank to believe that the OP and her son haven't colluded to defraud them ?

Most banks work in the same way. If it was different then anyone could ask a family member to use their card, buy goods, then say "Oh it was a family member but i didn't give them permission, honest !"

jalexa

meer53 wrote: »

but are you prepared to prosecute your son

To restate legal process, the police investigate crime and pass the results to the prosecuting authorities who decide if there is a good enough case to prosecute.

The "victim" does not prosecute.

stclair

I`m in shock no ones mentioned the FOS yet !

meer53

jalexa wrote: »

To restate legal process, the police investigate crime and pass the results to the prosecuting authorities who decide if there is a good enough case to prosecute.

The "victim" does not prosecute.

No, the victim does not prosecute, but if a family member is involved, the Police will then ask them if they are prepared to see the case go to court, and their family member prosecuted. If they aren't, then they will have to accept the loss.

meer53

2sides2everystory wrote: »

Not necessary - the OP can just call her local station and request/press for the crime reference number over the phone.They may do.Nope, the OP just says "Yes" and is obliged to say no more unless she knows who did it. And if the Police say "Are they refunding you the money?" then the OP can say "I bloody well hope so".That's their lookout - it's called business risk in banking. If they can't stand the heat without causing blameless customers to take it for them they should get out of the kitchen.I have no doubt banks work in similar ways. That doesn't make it right. Far from it in most cases.

You missed one important conversation. The one where the Police call the bank to ask for their side of the story.

I've dealt with more cases of this type of fraud then i've had hot dinners.

jalexa

meer53 wrote: »

if a family member is involved, the Police will then ask them if they are prepared to see the case go to court, and their family member prosecuted.

So by your yardstick, family members have a right of veto over the prosecuting authorities right to prosecute family members? Pah.

Anyway, the obvious answer is to call the police/bank's bluff and say yes.

bengal-stripe

jalexa wrote: »

So by your yardstick, family members have a right of veto over the prosecuting authorities right to prosecute family members? Pah.

If your husband/wife/child beats you up, then it will be your decision whether or not the offender gets prosecuted (unless the case is very serious, then the 'public interest' comes into play.)