Bank of Scotland debit card cloned and bank refusing to refund

Mary_popins123

Hi everyone needing some the advice for my parents.

My mums bank card was
Cloned and £1500 has been withdrawn within the last two months.
She went to the bank and spoke to the manager who said she would have to phone the police. The police took my mums statement done their investigation they spoke to thebank concerned and that bank didn't have CCTV and the cloned card or cards swallowed are just binned without any investigation. At the end the bank are refusing to give a refund saying the transactions are from my mums card and pin. The police advised my mum to tell the bank to prove that it's not her. So many trips to the bank and we are still at the same position out if pocket and don't know what to do. Bank of Scotland have been very un helpful and after my experience and my parents experience I would never recommend them especially the glasgow Victoria Branch!
Could someone advise me of my next step please?

magpiecottage

The Police are right and BOS is wrong

Personalise the following letter and pop it in the post. Get proof of posting (free from the Post Office) and keep a copy of the letter.

Martin Dodd
Customer Services
Bank Scotland plc
7th floor
155 Bishopsgate
London
EC2M 3YD


[Date]

Dear Mr Dodd


Account Numer [number]
Formal Complaint against the manager of [name of branch] branch


On [date] I visited [branch] to report that £[amount] had been withdrawn from my accout without my permission.

Assuming you make sure your staff are competent to do their jobs, you manager will have been aware that FCA rule BCOBS 5.1.11 says, "(1) Where a banking customer denies having authorised a payment, it is for the firm to prove that the payment was authorised.
(2) Where a payment from a banking customer's account was not authorised by the banking customer, a firm must, within a reasonable period, refund the amount of the unauthorised payment to the banking customer and, where applicable, restore the banking customer's account to the state it would have been in had the unauthorised payment not taken place."

Instead of ensuring this rule was complied with, your manager instead sent me to the Police.

The Police told me that it for your bank to prove that it was not me that made the withdrawals. I then made several trips to the branch but was repeatedly told that my money would not be refunded.

I have now been in contact with a Compliance Consultant who has shown me the above rule.

He suggested I write to you and demand that you discharge your regulatory responsibilities under rule DISP 5.1.11R and also that you compensate me for the distress, inconvenience and out of pocket expenses I have suffered as a result of your failure to do so sooner.

I understand that this matter must be addressed in accordance with the DISP rules of the Financial Conduct Authority.

Yours sincerely