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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48170
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have had my Bank Account scammed, I was told bank securety

Resolved Question:

I have had my Bank Account scammed, I was told bank securety was sure the branch I was using was suspect, would I help catch the crook. My money would be safe in an other bank account. I asked for conformation he was Santander employed, he then gave me part of my login sequence, I was to go using my mobile phone switched on, so he could hear what was said during the transfer of monies to the safe account. when I got back in my car he told me there had been suspect things observed in the back office seen on CCTV while I was doing the transfer. My Bank, Santander, tells me because I did the transfer they were not involved with it, therefore no rembursment was forthcoming, I feel because I was acting on their behalf, and as I had asked for part of my login code, and got what I felt was a Santander confirmation, there was a reasonable hope for customer relationship to help me in my predicament.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

So just to clarify - were you asked to go into a branch and carry out the transaction, whilst this person was listening to the conversation on the phone?

Customer:

yes

Ben Jones :

in your view, in what way was the bank negligent in this matter?

Customer:

I felt my login code was compromised, by Santander.

Ben Jones :

How though?

Customer:

How could he know my login code except from the bank!!!..

Ben Jones :

what type of login code was it - to login into what?

Customer:

My online account with my bank.

Ben Jones :

I am just playing devil's advocate here but it is certainly possible to steal such details online, for example through 'phishing' emails, by going on to a fake website of your bank account after following a fake link, etc - it is no use just claiming that the bank has been negligent without being able to prove that was the case. And unfortunately without speaking with the fraudsters and asking them where they obtained your details from, or any other evidence, it would be difficult to place any blame on the bank, especially as there are other ways they could have stolen your details

Customer:

So as there is no way I can prove the bank is not at fault, How can the bank they are not by the same token.

Ben Jones :

Because you are the one accusing them of being at fault and it is for you to prove that was the case

Ben Jones :

the burden of proof is on you to show they were at fault, not for them to show they were not

Customer:

I thought it was going to be a waste of time, the big boys have the big guns

Customer:

Thank you Ben, look after your gun.

Ben Jones :

You are welcome and sorry it was not better news but I do have to provide an honest answer

Customer:

You are right, I'm the one minus too much of my money, Cheers!!.

Ben Jones :

Just a tip for the future, never accept calls from banks, even if they give you some details - always call back via an official number for the bank and ask to be put through to the relevant department

Customer:

I know that now, Thanks for your time, I also know not to call the bank on the number you use on the phone one is using at that moment, a mobile if you have one, or ring of and dial another number first.

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