Fraud

dannyconner

My Fiance internet banking was hacked and someone transferred £4200 out of her account, so far the bank have been less than helpful and I am starting to lose patience and I have no idea how to get our wedding fund bank any of you guys have any ideas or contacts for anyone at hbos that could help???

thanks in advance

matttye

Write to the bank saying that Regulation 61 of the Payment Services Regulations 2009 states that a payment service provider must immediately refund a payer when an unauthorised transaction occurs and that you will be complaining to the Office of Fair Trading and Financial Ombudsman if they don't comply.

http://www.legislation.gov.uk/uksi/2009/209/regulation/61/made

Please note they can still take the money back if they investigate and discover that the transaction was actually legitimate.

meer53

You should lodge a formal complaint with HBOS if you feel they are not being helpful. What has happened so far ? Has the fraud been investigated by them and they have refused to refund ? If they have, what reason did they give ?

dannyconner

meer53 wrote: »

You should lodge a formal complaint with HBOS if you feel they are not being helpful. What has happened so far ? Has the fraud been investigated by them and they have refused to refund ? If they have, what reason did they give ?

We contacted the bank on the day of the transaction over the phone and also in branch the next day, as of yet we have had no contact and everyone we speak to is so unhelpful and unable to provide a timescale. I have also emailed their fraud team and cs team with no response.

Hominu

dannyconner wrote: »

We contacted the bank on the day of the transaction over the phone and also in branch the next day, as of yet we have had no contact and everyone we speak to is so unhelpful and unable to provide a timescale. I have also emailed their fraud team and cs team with no response.

So when did the fraud happen?

They should have refunded you the same day that you reported it, but they do have a right to re-debit if they have valid reasons.

Last time (and only, so far) I reported fraud, the fraud squad were knocking on my door wanting me to answer questions shortly afterwards. I let them in, made us all a cup of rosey lee and we had a good chat. About an hour later they left and I never heard from them again. Never bothered to chase it up as they had already refunded me and wouldn't have told me anything anyway.

Dr_Cuckoo3

dannyconner wrote: »

My Fiance internet banking was hacked and someone transferred £4200 out of her account

In order to set up a new payee on a HBOS account the bank uses an automated phone call and a code number whilst logged in to internet banking and changing the phone number to a new number means that payments cannot be made for a period

Is the person who made the £4200 transfer known to you ? and is their name and bank details in your list of payees ?

DragonQ

I was told by Lloyds TSB when a similar thing happened to me that I had to file a police report, etc. to get the money back. I then did some reading online and found that wasn't the case at all - the bank is responsible for doing such things and should refund the money (unless, as mattye said, they find it wasn't fraud).

Tell them to do what is required of them and to compensate you for misleading you and wasting your time.

dalesrider

matttye wrote: »

Write to the bank saying that Regulation 61 of the Payment Services Regulations 2009 states that a payment service provider must immediately refund a payer when an unauthorised transaction occurs and that you will be complaining to the Office of Fair Trading and Financial Ombudsman if they don't comply.

http://www.legislation.gov.uk/uksi/2009/209/regulation/61/made

Please note they can still take the money back if they investigate and discover that the transaction was actually legitimate.

You are forgetting that in certain situations they DO NOT have to refund immediately.

They will be looking at the ip address that the payment was made from.

When the loss sits with you. YOU have to report to the police.

antrobus

dalesrider wrote: »

You are forgetting that in certain situations they DO NOT have to refund immediately...
.

What are these "certain situations"?

As far as I'm aware the only circumstances in which someone would be liable for the whole of the loss arising from an unauthorised transaction would be if they had either acted fraudulently or they had shown gross negligence.

macman

antrobus wrote: »

What are these "certain situations"?

As far as I'm aware the only circumstances in which someone would be liable for the whole of the loss arising from an unauthorised transaction would be if they had either acted fraudulently or they had shown gross negligence.

Correct. So before any bank makes a refund, they first need to establish that neither of these circumstances applies. The OP has not given any time frame as to when the incident occurred or was reported, so we've no idea whether the bank are dragging their feet or not. All we've been told is that the 'account was hacked'.

matttye

dalesrider wrote: »

You are forgetting that in certain situations they DO NOT have to refund immediately.

They will be looking at the ip address that the payment was made from.

When the loss sits with you. YOU have to report to the police.

Yes you're right, if the unauthorised transaction is reported late in the day, they can pay you back the following day. That's about the only stipulation the law permits to the immediate refund.

The payment service provider must refund and then investigate; not investigate and then refund.