How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Fraud Examiner Question Here...
Ben Jones is online now

Debit Card Fraud

Customer Question

Hi-I think my debit card has been scammed. I think it originated from a Just Eat survey I was asked to complete.  They had my card details already and the website had the padlock sign (I am so careful with websites).  I woke up to a total of £770 being taken from my account - some online gambling originating in France.  What are my chances of getting the money back from my bank? Surely they should have flagged these rogue ones up as they have been blocking genuine payments from me only last week.  I am panicking here

Submitted: 1 year ago.
Category: Fraud Examiner
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Have you approached the card provider over this?
Customer: replied 1 year ago.

My bank flagged up that there were four unauthorised payments on my account. They are still pending atm and I have to wait until the fraudsters take the payment before `i can dispute them. My worry is that I will not get my money back even though this is clearly fraudulent. Am not even sure it was that website but it just seems too coincidental

Expert:  Ben Jones replied 1 year ago.
The protection offered by banks and card companies in cases of fraud is rather good these days. Rules set by the Financial Conduct Authority state that you should get that money back as long as you have not acted with gross negligence. For example if someone lost their wallet but had their PIN number in it then that is negligent and they are unlikely to get their money back. However, if you had taken all normal precautions and it was not reasonably foreseeable that you were taking part in fraud, such as well-disguised fraud site or other not so clear ways of taking your money were used, then you would not really have acted negligently. So there is no need to panic just yet – you need to report this formally as fraud to the bank and let them do their investigation, allowing them to reach a formal decision. If the claim is rejected you an appeal internally and you can also take this to the Financial Ombudsman Service, which is an independent and free route and they can force the bank to pay you back if they find in your favour. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

Thanks Ben. So I should just be upfront with the bank when I get the forms back. I took all relevant (so I thought) checks and have been genuinely scammed but have googled it and it doesn't seem I will if I knowingly entered my number even if I did it totally innocently and the website looked so genuine. My bank is Barclays. You think the chances are good of getting money back even though what happened is I described. Clearly they had my card details etc the only thing is I did enter them onto the fraud website didn't I - so would not that be classed as negligent?

Expert:  Ben Jones replied 1 year ago.
You have to be upfront because providing false or misleading information when you make a claim could create a whole load of trouble for you so you must be honest and upfront. A lot of online fraud happens in a very similar way to what happened to you - I have been scammed myself in the past and have received my money back. I obviously cannot guarantee that they will just refund you but they must be able to show that you had been grossly negligent in the process (not just negligent, it has to be gross negligence so even more so than just your normal absent-mindedness). So you entering the card details on the fraud website if it may not have been obvious that it was such a site does not make you negligent - it makes them good fraudsters
Ben Jones, UK Lawyer
Category: Fraud Examiner
Satisfied Customers: 45351
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Fraud Examiner Specialists are ready to help you
Customer: replied 1 year ago.

Hmmm - have had conflicting advice online. Can you confirm that other people have had their money back from being scammed the way I have please? Many thanks - just panicking here :(

Customer: replied 1 year ago.
Relist: Other.
Please let me know if similar cases to mine have had their money back. I have reviewed your answer but it still seems that if I have given my bank details out (even unknowinlgy) then I am still liable - Im still not satisfied that other similar cases have been successful. Many thanks
Expert:  Ben Jones replied 1 year ago.
What advice have you received and where from please so I can consider it properly?
Customer: replied 1 year ago.

I have been on a forum and also Barclays bank website which says if I am a victim of internet scam then I am highly unlikely to get the money back. It also says the same on Which.com

As I have put my card (partly) in then they say I am liable. I cannot see how as I did not authorise the payments essentially. But Im sure the bank will try and wriggle out of paying if they can. Have any other similar cases like mine been paid out?

Expert:  Ben Jones replied 1 year ago.
You an't paint all online scams with the same brush - each one will depend on its own circumstances. Some of the facts may be similar but overall each could be unique. So until you try and get an answer you would not know and it is pointless to jump to conclusions. So go though the process, follow it through to completion and remember you have the Ombudsman service if needed for an independent solution
Customer: replied 1 year ago.

But in general, where people have given their details over, do people still get money back. I mean its not as if I transferred an amount over to someone willingly or knowingly. I just am so worried. Have you come across people who have been scammed with a false page getting money back?

As the premise is the same on these rogue pages - it seemed genuine and gave me no reason to think it was a scam. It had the padlock sign and everything

Expert:  Ben Jones replied 1 year ago.
I cannot guarantee whether you would get money back or not, no one can do that at this stage. So it is pointless panicking at this early stage and you need to concentrate on dealing with the claims aspect.

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
< Previous | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I Couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    1505
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    1505
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/ZO/ZoeyJD/2014-6-19_11019_14.64x64.jpg Zoey, JD's Avatar

    Zoey, JD

    Criminal lawyer

    Satisfied Customers:

    162
    Active member of the NYS bar since 1989
  • /img/opt/shirt.png Laurie Palace's Avatar

    Laurie Palace

    Consultant

    Satisfied Customers:

    157
    30 years of experience as an Insurance SIU investigator.
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
 
 
 

Related Fraud Examiner Questions