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I was harassed on the street and forced to transfer £200 to my attacker’s bank account via my online banking app.
I reported the matter to the police and then to my bank.
My bank says they can’t help and it’s a police matter, but the police say my bank should sort it out. Who should help me?
J. Wells, London.
Traumatic: Reader sent back and forth between police and her bank after being harassed on the street and forced to transfer funds from her banking app (stock image)
Dean Dunham responds: New rules which came into force on October 7 last year require banks to refund victims of APP fraud up to £85,000 within five working days, unless an exception applies.
Authorized push payment (APP) fraud involves someone being tricked into sending money to a fraudster posing as a genuine beneficiary.
The new rules do not apply if you are deemed to have acted with “gross negligence” (for example, if you failed to notice a relevant scam warning from your bank or the police); if the bank believes that you are acting fraudulently; and finally, whether your claim is actually related to a civil dispute and not fraud.
Additionally, you must make the APP scam claim no more than 13 months after the date of payment. At first glance, you meet this criterion and do not fall into any of the exceptions.
However, I believe your bank has denied your claim because you have paid too much attention to the meaning of APP fraud.
It is usually defined as when someone is tricked into sending money to a scammer, but of course this is not the case – you were forced, not tricked.
However, in my opinion, this does not matter. Even if you are forced to send money to a scammer, it is still considered APP fraud.
The defining factor of APP fraud is that the victim authorizes the transaction, even under duress or due to coercion or deception.
Considering that you quickly reported the matter to the police and the bank, this is a claim that your bank should have addressed.
Your next step is to ask your bank for a standoff letter setting out their final position in rejecting your claim.
Armed with this, you should lodge a complaint with the Financial Ombudsman Service (financial-ombudsman.org.uk).
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