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Data protection for customers using online banking....What rights does customer have?

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  • Data protection for customers using online banking....What rights does customer have?

    I was a victim of Online Banking Fraud using an online fast payment system.

    QUESTION-? can I claim my bank was negligent in trying to recover my money (several thousands £)

    This is a complex fraud that took place where my Yahoo mail was hacked and a fraudster pretended to be my solicitor in a property purchase. My details about the purchase were leaked - a scam call from solicitor pretended to take an engagement fee payment with my debit card and then told me to expect an email request for 10% deposit to their Lloyds bank to secure property exchange. They confirmed their name and all the details of the sale.

    I had no idea that the online transfer I made a few days later was to an online crook and not my solicitor.

    Here it gets interesting .... within 12hrs of this I established with the help of online banking fraud team that this individual was also a customer of my bank. The money was sent to Post Office Counters in smaller amounts and then abroad as foreign currency using MoneyGram.

    At this time I knew the amounts sent including pence and the date and time sent. The bank then refused to disclose any more information until the police were involved. They stated Data Protection Act protected all their customers until a court requested further information. A big rubber stamp with case closed was all that any bank official mentioned when I called back for further help.!

    I immediately contacted Post Office Counters and told them of the exact amounts and exact time these payments were made to MoneyGram. The bank had even stated that these payments were `pending transactions'. The Post Office Counters supervisor confirmed that they could identify these payments and if I could get an official from the bank to provide them with a name and debit card number they could freeze these payments if fraud was suspected and they had not been collected at the receiving end.

    When I call back the bank they refuse to share any information. If they had made a call to the Post Office Counter team within this crucial 24hrs after the fraud then there is a chance I may have some of my money returned. I am aware that if someone is waiting in the receiving country MoneyGram may only have these funds in their system for a short time but there is still a chance there may be a few hours delay and the fact that the bank stated `pending transactions' indicates funds had maybe not cleared?

    The MET police took three months to establish this genuine bank customer quit his job and left the UK the day after the fraud. The bank have always claimed that they did all they possibly could to get my money back stating that they protect customer data. I felt like the bank was protecting a criminal and not their honest customer who happened to be a victim.

    I still maintain that if my bank had suggested fraud to Post Office Counters on the day it happened then we may have got some of my money back.

    My court hearing against the bank is at the end of March. Any advice or help with this would be greatly appreciated.

    Thank you in advance for reading through all of this.......

    williamcommon
    Last edited by Kati; Today at 09:31:AM.
    Tags: None

  • #2
    Re: Data protection for customers using online banking....What rights does customer h

    On what grounds are you taking the bank to court?
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: Data protection for customers using online banking....What rights does customer h

      I am accusing them of negligence of customer care and of mismanagement of my funds. I seek damages of £10,000 plus any interest in the smalls claim court.

      Comment


      • #4
        Re: Data protection for customers using online banking....What rights does customer h

        A couple more questions: Did you call the police immediately you realised that there was a theft?

        The other thing I would say is that when you had more information from the bank which they, in all honesty, you could have got independently ie sort code checker online would tell you where it went, did you update the police?

        Did the money leave the bank before you had found out about the fraud?

        Here is the bank's line: 1) they processed a transfer online via faster payments that was authorised by a valid password.
        2) The money was then transferred from the fraudster's account(potentially prior to realising that this might have been a fraud) using a valid password online.
        3) They have followed the Data Protection Act 1998 because they have not disclosed who the name of the person is(although if they disclosed the fact that the money had been transferred to the Post Office in that early period then the bank have done something against the DPA 1998 by giving you that information which it should not have had....it would be the same if a fraudster had rung the bank and found out that you had transferred the money to me at another financial institution).

        The above is the reason why I am skeptical of your possibility of success through the courts. I will ask for site team to look at this thread as they might see something that I have not.
        "Family means that no one gets forgotten or left behind"
        (quote from David Ogden Stiers)

        Comment


        • #5
          Re: Data protection for customers using online banking....What rights does customer h

          Yes I called to police as soon as I realised there was a fraud who then directed me to Action Fraud. Action Fraud said they had a backlog of 3 weeks but since my case was high value they would get back to me as soon as possible ( 7 days before I had a call from Met Police.)
          I needed to act on that day since the money was moved quickly by the thief and it showed as Pending transactions. I was not told which branch of my bank the thief had his account in so I did not know Sort Code and the Bank Fraud Team would not disclose any more information. I begged them to contact Post Office Counters to suggest there may be a fraud associated with these transactions. The supervisor from Post Office Counters had said he could freeze any funds if a name and debit card number were given. This request of mine was refused by my bank and the DPA' was used as a reason to not disclose anything further until the police requested it. All this happened on the day of the fraud. It was the only way to have a chance of recovering my funds. The bank were not interested. That is my case against them. Would they fall outside the guidelines of the DPA by speaking directly to another financial institution in order to prevent a fraud? I would not have been given any details of the thief! Many thanks again for your thoughts on this.

          Comment


          • #6
            Re: Data protection for customers using online banking....What rights does customer h

            The Telegraph in particular has recently been shining a spotlight on conveyancing frauds, and the fact that banks are complicit in the thefts of money, not least by allowing the fraudsters to open up the accounts that they use to perpetrate these offences.
            https://www.google.co.uk/search?q=ba...&client=safari

            Comment


            • #7
              Re: Data protection for customers using online banking....What rights does customer h

              Ok many thanks for taking the time to read my post. I will look at Telegraph archives

              Comment

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