Claiming lost deposit under the new banking scam rules?

Hernie

November last year I paid a £3000 deposit on a pinball machine that the supplier was offering, only to be told that particular model was sold, but they could get me another one from The States (USA)

OK, I went along with that, but various excuses were made as to why “my” machine hadn’t arrived in the UK, but being a patient person and not being able to find this classic 1970s machine anywhere else (I did actually have two people tried to scam me for a deposit on ones they claimed to have for sale)

The months rolled by with more broken promises, then in the July I received a phone call from an insolvency company to tell me that the firm that had my three grand had gone broke and I would be way down in the queue to get my money back.

What grieves me is this company is STILL trading with the SAME website and advertising the SAME machine I paid the deposit on, which seems grossly unfair to me, and leaves them open to scam even more people with deposits on non-existing machines, but that’s another story, maybe for another day.

What I am concerned about of course is getting my £3K back and am hoping that these new scamming bank rules means I can claim it back from my bank, who I have been with for about 60 years. I paid the deposit to the now bankrupt company by a BAC.

Help…………..😒

Brie

Doesn't sound like it fits what I've heard about the new scam rules.  It's more to be a case of claiming back on your credit card or similar.  

DullGreyGuy

Hernie said:

November last year I paid a £3000 deposit on a pinball machine that the supplier was offering, only to be told that particular model was sold, but they could get me another one from The States (USA)

OK, I went along with that, but various excuses were made as to why “my” machine hadn’t arrived in the UK, but being a patient person and not being able to find this classic 1970s machine anywhere else (I did actually have two people tried to scam me for a deposit on ones they claimed to have for sale)

The months rolled by with more broken promises, then in the July I received a phone call from an insolvency company to tell me that the firm that had my three grand had gone broke and I would be way down in the queue to get my money back.

What grieves me is this company is STILL trading with the SAME website and advertising the SAME machine I paid the deposit on, which seems grossly unfair to me, and leaves them open to scam even more people with deposits on non-existing machines, but that’s another story, maybe for another day.

What I am concerned about of course is getting my £3K back and am hoping that these new scamming bank rules means I can claim it back from my bank, who I have been with for about 60 years. I paid the deposit to the now bankrupt company by a BAC.

Help…………..😒

What is the company name or website address?

A company in administration is still allowed to trade, or it could be they sold the brand and website to another company and you've not spotted the change in name in the T&Cs 

The changes won't help you as they only apply to payments made after 7 October 2024 and I doubt it would be considered push fraud anyway.

eskbanker

DullGreyGuy said:

The changes won't help you as they only apply to payments made after 7 October 2024 and I doubt it would be considered push fraud anyway.

While it's true that the changes only applied from last week, they largely mandated what the major players were doing voluntarily before that, so if OP has a 60 year record with their bank, chances are that they'd have been using the voluntary CRM code prior to last week.

That code did apply where "The Customer transferred funds to another person for what they believed were legitimate purposes but which were in fact fraudulent" and one of the examples given in the new regime is "purchase fraud, where criminals pretend to sell things that don’t exist", so it'll come down to whether fraud can be demonstrated here.

https://www.lendingstandardsboard.org.uk/wp-content/uploads/2023/10/LSB-CRM-Code-V5.0-17-October-2023.pdf

km1500

I suspect there is a difference between a 'scam' payment and a payment to a genuine company who subsequently goes insolvent 

Aylesbury_Duck

Hernie said:

What I am concerned about of course is getting my £3K back and am hoping that these new scamming bank rules means I can claim it back from my bank, who I have been with for about 60 years. I paid the deposit to the now bankrupt company by a BAC.

Help…………..😒

Surely your first port of call was the bank?  What have they said?

born_again

Well the regs are not retrospective. I also do not think this falls under Automated Push Payments (APP) claim.

As a bankrupt company you can become a creditor. 

One reason paying via card is safer.

TELLIT01

If the old or new regs applied to genuine companies who have become insolvent the potential cost to banks would be astronomical.

Hernie

Thank you for all your responses, but I cannot see how I reply to them individually, so leave this to  
DullGreyGuy's post

It is exactly the same man who owns the company, using exactly the same website, trying to sell exactly the same machines, which is what I find so galling

NOW this site says "You have to be around for a little while longer before you can post links", Grrrrr! So....... it is The Games Room Company

born_again

Hernie said:

Thank you for all your responses, but I cannot see how I reply to them individually, so leave this to  
DullGreyGuy's post

It is exactly the same man who owns the company, using exactly the same website, trying to sell exactly the same machines, which is what I find so galling

NOW this site says "You have to be around for a little while longer before you can post links", Grrrrr! So....... it is The Games Room Company

If it is a UK based person. Then report to Action Fraud. While they can be as effective as a chocolate fireguard, if they get enough reports then they do take action.

eskbanker

TELLIT01 said:

If the old or new regs applied to genuine companies who have become insolvent the potential cost to banks would be astronomical.

Agreed, but in this case it seems questionable whether the company was genuine prior to insolvency (eight months after order placed).  Reviews normally need to be taken with a large pinch of salt but the Google reviews for this mob feature many similar non-delivery experiences to OP's in amongst all the shills....