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My uncle was a victim of an elaborate scam where he was duped into withdrawing hundreds of thousands of pounds (£189,525) as cash from 3 banks and depositing this cash across a number of bank accounts as advised by the fraudsters (into the same banks).
The banks have failed their duty to exercise reasonable care and skill, in protecting its customer from the fraud. They didn't question or raise suspicion for the NEW pattern of withdrawing cash from his account, moving lots of money across his accounts to enable him to withdraw cash on a daily basis. The bank didn't question cash deposits into bank accounts which were not related to himself. Initially an explanation was given as purchase or bitcoins or for kitchen refurbishment. once the branch staff knew him by face (from 2nd visit) they didn't read out the scam statement or question the withdrawals or deposits.
The banks never raised any suspicious activity reports or investigated money laundering concerns.
There was a total of 68 withdrawals and 38 deposits. This was totally unusual behaviour as he had previously not even withdrawn £500 as cash.
Had the banks raised suspicion and questioned my uncle, it would have become apparent that he was a victim of a scam and the bank could have put a stop to it preventing him from losing close to £200,000.
halifax, Santander and barclays have refused to acknowledge any wrong doing. They are also unwilling to explain their checks etc to ensure they acted responsibly.
the financial ombudsman is investigating but they believe not following money laundering rules is outside of their jurisdiction.
1) I wanted guidance on how to proceed to sue the banks
2) It seems some of the accounts that my uncle paid into were money mules (received his deposit and forwarded on for financial gain). Given these are real people (police are investigation but seem unable to prove they are guilty of fraud - just of being a money mule), can i raise a civil suit to get money from them as wrongly deposited money into their account?
many thanks
The banks have failed their duty to exercise reasonable care and skill, in protecting its customer from the fraud. They didn't question or raise suspicion for the NEW pattern of withdrawing cash from his account, moving lots of money across his accounts to enable him to withdraw cash on a daily basis. The bank didn't question cash deposits into bank accounts which were not related to himself. Initially an explanation was given as purchase or bitcoins or for kitchen refurbishment. once the branch staff knew him by face (from 2nd visit) they didn't read out the scam statement or question the withdrawals or deposits.
The banks never raised any suspicious activity reports or investigated money laundering concerns.
There was a total of 68 withdrawals and 38 deposits. This was totally unusual behaviour as he had previously not even withdrawn £500 as cash.
Had the banks raised suspicion and questioned my uncle, it would have become apparent that he was a victim of a scam and the bank could have put a stop to it preventing him from losing close to £200,000.
halifax, Santander and barclays have refused to acknowledge any wrong doing. They are also unwilling to explain their checks etc to ensure they acted responsibly.
the financial ombudsman is investigating but they believe not following money laundering rules is outside of their jurisdiction.
1) I wanted guidance on how to proceed to sue the banks
2) It seems some of the accounts that my uncle paid into were money mules (received his deposit and forwarded on for financial gain). Given these are real people (police are investigation but seem unable to prove they are guilty of fraud - just of being a money mule), can i raise a civil suit to get money from them as wrongly deposited money into their account?
many thanks
