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Victim of fraud on Airbnb - Help needed

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  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Since a BACs transfer takes mere seconds, I would be very very surprised if the Bank are prepared to refund anything if the customer was only trying to stop the payment hours later. Even if the Bank were mistaken in telling the customer it could be stopped (very unlikely anyone would actually say this), that still doesn't mean the Bank are in any way liable for the amount lost.

    I'm also bemused by the OP stating that " two weeks later" the money has been paid. The money was gone on the same day, why is the OP only checking a fortnight on?

    If the OP does want to go as far as the Ombudsman, he first needs to make a formal complaint to the Bank. Only after the Bank have had eight weeks to consider and/or they have issued a full and final rejection of the complaint can the complaint be referred.

    Read case 116/6 here (not exactly OP's circumstances but probably as close an example as we'll get):
    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/116/116-disputed-transactions.html

    Notice the outcome
    Looking at the bank’s notes, it was only an hour after this that Miss E phoned to ask them to recall the payment. However, we saw no evidence that they had made any attempt to do so – in spite of assuring Miss E that the request would be processed immediately.

    We decided that the bank’s lack of action was a major factor in the recall being unsuccessful. So we told them to refund her the full €1,900 plus 8% interest – as well as paying her the £150 compensation that they had already offered.

    Im not in any way saying banks are liable for mistakes we make. Just that the ombudsman seem to consider the banks conduct in such cases rather than just taking a hard "your mistake, tough" approach and (as I said originally) will find in the consumers favour where the bank have not acted quickly enough or even attempted to recover the money.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    "it was only an hour after this that Miss E phoned to ask them to recall the payment."

    So not like the OP's "a few hours" then?
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    "it was only an hour after this that Miss E phoned to ask them to recall the payment."

    So not like the OP's "a few hours" then?

    An hour after the process had started on the banks end.

    If you read the entire case that I referenced, you'll see she actually made the payment on her end on thursday evening. So more than a few hours.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    If you read the entire case that I referenced, you'll see she actually made the payment on her end on thursday evening. So more than a few hours.
    I remain unconvinced the case is similar.

    However, as I've said already, nothing to stop the OP making a formal complaint to the Bank which (after eight weeks or a rejection) can be referred to the Ombudsman.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I remain unconvinced the case is similar.

    However, as I've said already, nothing to stop the OP making a formal complaint to the Bank which (after eight weeks or a rejection) can be referred to the Ombudsman.

    It was just to demonstrate that the ombudsman can side with the consumer even where the mistake has been on the consumers end (I got the feeling that was a sticking point for you) rather than an indication of how OP's own claim might go.

    Most of the other examples tend to focus around the consumer getting a digit wrong and the payment going to the wrong recipient rather than the payment actually being paid to the correct recipient but under a scam type scenario. So as above, closest we'll probably get to OP's own situation :D
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • isplumm
    isplumm Posts: 2,215 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    dragonsoup wrote: »
    The old fashioned way is great - the big sites care only for their own profitability and don't give a damn about the holidaymaker nor the owner. The much trumpeted "protection" gives a real false sense of security as in this case. If the OP hadn't assumed that he was dealing with the site he would probably have done a lot more research and been much more careful before parting with the money

    It's pretty easy to tell. You'll find a couple of pictures of my property on the listing site. You'll find far more on my own site,
    clearly of the same place but taken at different times of the year and at different angles. You'll also find me listed at the local tourist board office and the VisitWales website ( who have inspected and rated me).

    A genuine owner will often have listings all over the place. Scammers rarely bother. The only commercial listing site that has ever asked me to prove I own the property is Independent Cottages which is quite frightening considering the number of people who have booked non existing accommodation through the big names and lost their holiday and often their money too.

    Many owners now take CC payments which gives you far more real protection and you'll be saving 10% or so in booking fees.

    Hi

    Like you I have listings on a number of sites (including AirBnB) - I can understand the attraction of AirBnB for renters, as I don't see the money until the renter is actually on site - BUT I pay for this & so does the renter.

    I have a website and am happy to talk to renters on the phone, via email and also provide an address for people to check out - this is only my 1st full year, but most people are booking via ChezNous or similar & paying me direct.

    I also send a contract & accept a deposit, with balance due 8 weeks before.

    For me the renter needs to do their research, see where owner is advertising, whether they have TA reviews.

    Mark
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    isplumm wrote: »
    I can understand the attraction of AirBnB for renters, as I don't see the money until the renter is actually on site - BUT I pay for this & so does the renter.
    Unfortunately the Op sought to circumvent this extra payment and paid the ultimate price, i.e. out-of-pocket and no accommodation.
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