How much was taken from the account?
Do you know who the fraudster is or do you suspect who it is?
Even though this payment was not authorised by you, do the bank not believe that and that’s why they are not refunding?
What was in the wording of the indemnity form which they are trying to rely on?
They can’t get you to sign something which says “we’re not responsible for any fraud on the account, you have to take that on the chin” if the money has gone as a result of one of their failings. The clause would be not enforceable under the Unfair Contract Terms Act firstly because it strikes to the very heart of the agreement between you in my opinion and secondly because it doesn’t pass the UCTA test of reasonableness.
It is an attempt to limit liability for negligence and therefore has to pass the UCTA test.
I would need to see the wording of that clause which they are quoting, to comment further.
Can I clarify anything for you?
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