Bank refusing refund for patio works not carried out

Stanleychops

I have a similar story, where I also paid out money up front to a tradesperson for landscaping who then just disappeared.  Paying by bank transfer (effectively cash) means we don't have a leg to stand on unfortunately.  The bank can't/won't help as we have willingly transferred the money, so not considered fraud and the police aren't interested as no crime has been committed.  Agree it's totally wrong and I am as angry as you are, but it seems the only recourse is a civil case through small claims court.  I've had to accept that I've lost my money by being too trusting and therefore open to being ripped off, but I'm not a victim of fraud (unfortunately).
Hindsight is a wonderful thing.....

gilbo47

Just by way of an update I've been in touch with my bank. I reiterated to the call handler that i was confused and she went through the case as it stands: They submitted an app fraud case with the 3rd parties bank. They investigated (and seemed to have a nice conversation with their customer, my dodgy landscaper) and came back to my bank saying it was a civil matter.

My bank then sends me that letter saying I've been a victim of APP fraud but they're not refunding me with no explanation as to why.

So I asked..."OK did you guys change your mind after hearing back from the other bank?"

Can't comment without going through the case in detail (fair enough) so I'm told ill be hearing from a complaints handler once they've gone through all the details with a fine toothed comb.

gilbo47

Is there any chance I could please just ask that we stick on topic? I've very much appreciated ALL your contributions and I'd like the thread to not get shutdown or reported if things escalate and I feel we could be on dodgy ground at the mo! Thanks a lot.

gilbo47

Stanleychops said:

I have a similar story, where I also paid out money up front to a tradesperson for landscaping who then just disappeared.  Paying by bank transfer (effectively cash) means we don't have a leg to stand on unfortunately.  The bank can't/won't help as we have willingly transferred the money, so not considered fraud and the police aren't interested as no crime has been committed.  Agree it's totally wrong and I am as angry as you are, but it seems the only recourse is a civil case through small claims court.  I've had to accept that I've lost my money by being too trusting and therefore open to being ripped off, but I'm not a victim of fraud (unfortunately).
Hindsight is a wonderful thing.....

Sorry to hear that. Cheers for sharing your story. I guess I'm just totally confused at this stage...that's all down to my bank though from whom I'm seeking clarification!

sheslookinhot

Why should your bank pay for your naiveness ? 

Ergates

sheslookinhot said:

Why should your bank pay for your naiveness ? 

Banks are required to refund customers for certain types of fraud - specifically, in this case, APP (Authorised Push Payment) fraud.

The question here is:  does this case count as APP fraud?   Most posters in this thread believe it does not (and I would include myself in that group).  This has been muddied by the bank sending a letter that seems to say they thought it did.

Moreover, paying a deposit to a tradesman who has done a good job for other people you know doesn't really fit into any definition of "naïve" that I know of.