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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 14907
Experience:  30 years as a practising solicitor.
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Was recently defrauded of £1410 by computer scammers

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Was recently defrauded of £1410 by computer scammers purporting to be Microsoft. I stupidly gave them remote access to my computer as they had already somehow gained access to my screen. They showed me on screen several 'viruses' which had to be removed immediately. I gave them remote access and after 4+ hours on the phone they explained that I would be charged £10 for the 'clean up' but would receive £320 in compensation for having been scammed in March '17.
Due to banking reasons they had to transfer the money to my account from Ukraine. They could only transfer amounts over £1500. I had £1720 paid into my online account? I waited to see this done before paying back by moneygram the balance of £1410. The screen was flickering at the time I was waiting to see the money paid into my account but this was apparently because the engineers were working on my computer.
I had no access to my computer (password ***** working) until the following morning.
As soon as I accessed my computer I checked my online account. It showed a pay-in of £20 by myself (not true), no sign of the £1720 pay-in and in transactions pending a debit of £1410.
I of course contacted the Bank of Scotland immediately and then went through the whole fraud procedure with them. My claim was turned down on the grounds I did not ensure it was Microsoft who contacted me. As stated they had already shown me onscreen the 'viruses' on my computer which had to be removed immediately or my computer would 'crash'.
Bank of Scotland state that I am covered for such frauds in their paperwork and I was told there is no way I can appeal against their decision.
Is this the case?
With hindsight I can see how gullible I was but they are professional at what they are doing. Can you advise. Thank you.

Have you commenced court proceedings against the bank. If not do so.

Customer: replied 2 years ago.
I contacted you to see if I had grounds to appeal,I have been told I can't appeal, and what these grounds should be based on. Have I an area in law which would assure me of a refund from the bank?

What is the factual basis for you holding the bank liable for your loss?

Customer: replied 2 years ago.
As explained in my email sent to you yesterday.

You don't say why you think the bank is at fault.

Customer: replied 2 years ago.
I don't think the bank is at fault. My argument is that I was conned by a scam which was professionally carried out and through very devious methods and my ignorance was defrauded of £1410. The bank states in it's letter accompanying my debit card which was used in this fraud, that I am covered for fraud. I saw the money on my online account 'paid in' ie £1720. This was briefly owing to these people working on my computer (scammers). I would not have paid out any money had I not seen the pay-in data first. As usual hindsight would not allow such a con to work with me again. However this is a large sum to lose when they say I am covered for fraud. This should mean regardless of my gullibility.

Let me have a look at the bank's terms and conditions. I'll come back to you.

Customer: replied 2 years ago.
As per email today have not had an answer to my query.
Customer: replied 2 years ago.
Hello JGM,Did you receive my last email. If I don’t get a reply or answer today I’ll just unsubscribe and call it a day. Thanks.

What is the wording of your letter in relation to fraud? I can't find anything online about this.

Customer: replied 2 years ago.
Sorry but I don't understand that question.

You said: "The bank states in it's letter accompanying my debit card which was used in this fraud, that I am covered for fraud." I want to know exactly what the wording of this is.

Customer: replied 2 years ago.
Sorry. Misunderstood what letter you meant. This is the letter to which our new debit cards were attached when posted to us. Its a general information letter about your card and its uses etc and states that if you are a victim of fraud ' they will put it right'.

Let me have the exact wording please.

Customer: replied 2 years ago.
Sorry but I detached my card from the letter/form and then threw it out. It is a general information type letter/form which I believe all customers receiving new debit cards would receive. Pre-printed if you like.
Customer: replied 2 years ago.
A detail which I did not mention was that during the scam £20 was transferred from my ISA account into the current account by the scammers but showing that it had been carried out by me. I was informed by the bank investigators that this was where the £20 had come from. When the bank transferred this money back into my ISA it appeared on my online statement as 'fraud correction'.
Customer: replied 2 years ago.
Does this mean you can't advise me as to whether or not I am covered for the fraud from the details I have given?
Customer: replied 2 years ago.
I feel that my actions on the day of the fraud ie. allowing remote access to my computer, trusting the bank statement I saw online for a brief moment, and sending the money gram, were carried out after a long period on the phone and were due to lack of knowledge in computer language and manipulation of what I can see on my screen and complete innocence on my part.
I was therefore in my eyes very much a victim of fraud. Instead of my balance being up by £310 it is minus £1410. The bank say I can't appeal therefore I went to you for advice. So far I have not had any advice as to what I should do next to try and recover my money having understood I am covered for fraud by the bank who also made a 'fraud correction' on my online statement.

I have been trying to establish the contract between you and the bank as regards ***** ***** where a fraud like this occurs. You have been unable to help me with this. So on the assumption that the bank does have a contractual duty to make good any loss suffered by you because of a third party fraud attack, you can sue the bank for the amount they are refusing to refund to you. Alternatively you can complain to the financial services ombudsman. Those are your options. In the absence of further information that is all I can tell you.

Customer: replied 2 years ago.
Thanks for that.

You're welcome.

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