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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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A friend of mine has become a victim of a scam whereby a fraudster

Resolved Question:

A friend of mine has become a victim of a scam whereby a fraudster persuaded her online that she could get good employment (she's unemployed) if she made a small admin payment via Western Union for the well paid employment to become established. Instead within a few days they milked her bank account of £1,100 via the Western Union transfer, and the bank (Santander) is now claiming she owes the bank the £1,100 (she only had £50 in her account when the money was taken with no overdraft facility), plus another £200 on top in overdraft charges. The friend is a LithuanXXXXX XXXXXving in London for the last nine years but has a poor understanding of things like fairly obvious scams. What please is the limit of her liability in these unfortunate circumstances? Many thanks for your help.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Sorry if I'm missing the point but is there any reason that the bank shouldn't be entitled to this money?

I understand this was a scam but the bank weren't involved in it?
Customer: replied 3 years ago.

That's why I'm asking the question. Your answer implies that under English law it's entirely her fault, and that the bank are entitled to the full amount including any overdraft charges they care to levy. Is that your answer?


Customer: replied 3 years ago.

To repeat my response - That's why I'm asking the question. Your answer implies that under English law it's entirely her fault, and that the bank are entitled to the full amount including any overdraft charges they care to levy. Is that your answer? (The Santander bank were not involved in running the scam).

Expert:  Jo C. replied 3 years ago.
I'm really sorry and I wish there was a more acceptable answer but you have pretty much guessed correctly.

Of course, they shouldn't be scamming people but the bank are not liable. If she have them her account details then that is down to her I'm afraid. The bank would only be liable if their security measures fail and they did not here. Banks are liable for their negligence rather than her misfortunes I'm afraid

She has a claim against the scammers obviously.

If she had paid by credit card then she would have a claim against the card but that didn't happen

I'm very sorry
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
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