Barclays and Bank Fraud

ballyclover

Hi all,

In Decembers 2020 my debit card was used to purchase several items from apple in the US totally around £3500. One transaction was for £1165.00, however apple themselves refunded me £1100 the remaining £65 was the currency conversion charges. Barclays recovered the rest of the money for me but have said they cannot recover the outstanding £65 as this is not recoverable- I'm thankful the rest was recovered but don't think its fair I should lose out £65.00. Barclays told me the transaction should have been flagged but weren't and there is no more they can do.

Anyone got any advice please as to what the next steps should be?  Someone has may money out of this fraud ( not just the fraudsters)

Thanks

masonic

A formal complaint? If Barclay's have admitted to having measures in place to flag the transactions but failing to do so, then I can't see how they would expect to wriggle out of putting you back into the position you'd been in if the transactions were rejected.

eskbanker

ballyclover said:

Barclays recovered the rest of the money for me but have said they cannot recover the outstanding £65 as this is not recoverable- I'm thankful the rest was recovered but don't think its fair I should lose out £65.00.

Just to be clear, when there have been unauthorised transactions on your account, the bank is obliged to refund you (unless they have reasonable suspicion that you were complicit) - their recovery of the money from the fraudsters is an entirely separate process that's nothing to do with you, i.e. Barclays must pay you back from their own pocket regardless of whether or not they managed to get anything back from the other bank involved. 

mab3000

I think the issue here has been that apple refunded you separately for that particular transaction (even if it wasn’t for the full amount), which therefore means the disputing rights end on that transaction. This would prevent them refunding you the value of the rest of the transaction using the payment disputing process. 

However I believe logging a complaint would almost certainly lead to them to refunding you the £65 as part of resolving your complaint. 

Armorica

Barclays are obliged to put it right. 
This sounds like an unauthorised transaction. The relevant regulatory quote from the FCA/Financial Conduct Authority's approach document is:

If a payment transaction was not properly authorised by the customer, the PSP concerned must refund the amount of the transaction to the payer and, if applicable, restore the relevant payment account to the state it would have been in had the transaction not been made (i.e. refund any charges and any interest which the customer has paid and/or credit interest which the customer has lost).
para 8.201 from https://www.fca.org.uk/publication/finalised-guidance/fca-approach-payment-services-electronic-money-2017.pdf

I'd suggest you quote/point Barclays towards that paragraph and note their duties under regulation 76 of the Payment Services Regulations to restore your account to state it would have been as if the transaction had not been made. Quoting specific regulatory requirements should help to prompt some action.
(To be fair, someone may not have made money from the fees - they covered the costs of the transaction, not necessarily profit...but as the victim of fraud, you're not expected to bear these costs).

[Deleted User]

This is nonsense, HSBC and RBS have refunded multiple amounts even via Paypal etc. Barclays should give you your money.