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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I went to a night club in Poland. I remember paying for 2

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I went to a night club in Poland. I remember paying for 2 drinks and the lap dance by tapping my card. I don't remember anything after that. I woken up outside on a street confused bruised and with blood on my face. I missed by flight back to Scotland. I also discovered several messages on my phone from my bank and that my cards were blocked. I called the bank- all 3 cards I had with me were from the same bank - current, credit and business. i spoke to the person for 30 minutes telling her that I got drinks and I did not pay for anything so expensive- they tried to take 20K, some of the transactions were blocked by the bank straight away some not. I spoken to the bank several times, I also reported it to the British police, since I left Poland and I tried to have a toxicology test done. The bank authorised about 8K leaving my accounts as they said pin number was used and they said they voice matched conversation with me (I did not say I made these transactions during the conversation). I argued that they should not cancel all the transactions as they can clearly see it is not possible to spend that amount of money in a club. How do I deal with the bank?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the UK the crime happened in Poland
JA: What steps have you taken so far?
Customer: reported it to the police in the UK, called the Polish police, called the bank and tried to have toxicology testing- unsuccessful
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

You want to sue your bank for this negligence?

Customer: replied 13 days ago.
I want the bank to return the money.
Customer: replied 13 days ago.
I want advice for how to speak to the bank so they do that.
Customer: replied 13 days ago.
I want the money back from the bank.
I want advice for how to speak to the bank so they do that.
Customer: replied 13 days ago.
I have a text from the bank saying that they need to call me to verify some transactions and then a text saying thank you for verifying but I have no record of the call on my phone.

Are you in Scotland?

Customer: replied 13 days ago.
Customer: replied 13 days ago.
File attached (TGS766Q)

You need to write a letter, set out your losses and request a refund within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: https://www.scotcourts.gov.uk/taking-action/small-claims

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £5,000 or less it will be a small claim so you will not need legal representation. Over this value, you would need representation for trial.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Customer: replied 13 days ago.
I attached two screenshots as well sharing that they were going to call, via text, and then my list of phone calls with no record of the calls being received. Will this help?

Yes it will. But you dont need to submit that at this stage

Does that help?

Customer: replied 13 days ago.
given what I said do you think it is reasonable of me to expect the bank to return the money? I would really like to avoid dealing with the club itself as now I read a fair bit on it and it looks like this is a common scam run in Polish night clubs by mafia- people i would rather not deal with

I think you should be claiming exemplary damages around £20,000 from the Bank

Its their fault for not protecting you.

Does that clarify?

Customer: replied 13 days ago.
the bank says that pin number was used with those bigger transactions, does it matter?
Customer: replied 13 days ago.
I have no memory of any of entering pin not once and getting messages from the bank either

You are the victim.

You should sue for £20,000 in damages.

Its the banks fault for not protecting you from your own actions.

They have a duty to care to look after you.

Does that clarify?

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