I received a call last week from a caller who announced herself as being from Metro Bank fraud protection team.
She told me my account had been compromised and that they needed to check how much had been taken from my account fraudulently.
The lady then said she needed to go through my security questions.
She asked personal questions, including asking me for my 12-digit customer number, security number and my magic word.
She then said she needed to access my account so asked me to confirm my account details.
Refused: Metro Bank is refusing to refund the £780 which a reader lost to a phone scammer, suggesting they had been negligent
I did think this was strange but I was so wrapped up in believing that I had already been scammed that I just gave out all the information.
It transpires the call was a scam and I have lost £780 from my account to fraudsters.
I’ve told my bank but it says the likely outcome is that it will determine I was negligent and therefore will not help me. What can I do?
Debra Green, via email.
Dean Dunham replies: Many banks, including Metro, are signed up to the Contingent Reimbursement Model Code for scams that involve transfer of funds to fraudsters within the UK.
Banks signed up to the Code have a duty to reimburse their customers if they fall victim to a scam which involves them transferring money to a fraudster’s account, unless they determine you should have known it was a scam and could have avoided the fraud by doing due diligence.
In this respect, you are expected to pay attention to any scam warnings released by your bank and to think carefully before transferring money to anyone you have not paid before.
Failure to do so means you will be deemed to have been negligent, giving your bank good reason to deny your claim.
If Metro Bank determine you were negligent and reject your claim, you can file a complaint with the Financial Ombudsman Service.
It has made clear in the past that the bar for ‘negligent’ is high and goes well beyond simply being careless.
The ombudsman also recognises how convincing sophisticated scammers can be and will not be quick to find you were negligent unless you clearly were. From the facts you have told me, I believe it would find in your favour.
What are my rights as a season ticket holder in a train strike?
I have a season ticket to London for work, so every time there is a train strike I’m affected. What are my rights?
Richard Jacobs, via email.
Dean Dunham replies: As a season ticket holder, you can claim compensation for the strike dates where you were unable to travel through what is called Delay Repay.
Passengers with Advance, Anytime or Off-Peak tickets can have their ticket refunded with no fee if the train that the ticket is booked for is cancelled, delayed or rescheduled.
If the train operator rejects your complaint, you can lodge a claim with the Rail Ombudsman. To be eligible, you will need either a ‘deadlock letter’ from the service provider (which is a letter setting out its final position in relation to your complaint) or at least 40 working days must have passed without your complaint being resolved.
You must also raise your complaint with the ombudsman within 12 months of any final response from the service provider.
- Write to Dean Dunham, Money Mail, Scottish Daily Mail, 20 Waterloo Street, Glasgow G2 6DB or email [email protected]. No legal responsibility can be accepted by the Daily Mail for answers given.
