No-Win No-Fee Bank Negligence Compensation Claims

Authorised Push Payment (APP) fraud, or bank transfer fraud, is a type of cybercrime where scammers use tactics such as impersonation, interception, and social engineering techniques including grooming their victims to convince them to transfer money from their own bank accounts to those of the fraudsters.

In some cases of what is known as ‘two-step bank fraud’, victims are instructed to move their own money first from one bank to another, and then again into ‘a new account’ set up in their name – which is in fact in the control of the scammer. Usually, the scammers move the money straight onto another, difficult-to-track and often overseas account, which proves almost impossible to recover.

Banks are – or should be – aware of these types of scams and should have robust systems and processes in place to detect or deter the scams as they occur, including:

• Providing scam warnings throughout the transaction process.
• Halting or pausing the transaction if the activity is suspicious.
• Contact the customer directly if the activity is out of the ordinary.

Where the bank has not provided sufficient safeguards resulting in the customer losing money to a scam, there is the option to take the complaint to the Financial Ombudsman Service (FOS). The FOS is an independent, Government endorsed body responsible for investigating and adjudicating disputes between financial institutions and consumers, both business and individual.

From 7 October 2024, new rules from the Payment Systems Regulator (PSR) make it mandatory for UK banks and payment providers to refund victims of Authorised Push Payment (APP) fraud.

Key details:

• The rules apply to payments made on or after 7 October 2024 using the UK Faster Payments or CHAPS systems.
• The maximum mandatory reimbursement is £85,000 per claim.
• A small excess of up to £100 may apply, but this cannot be deducted if you are classed as a vulnerable customer.
• Banks must reimburse valid claims within five business days or, if more checks are needed, issue a decision within 35 business days.
• The cost of reimbursement is shared equally between the sending and receiving banks, encouraging both to prevent scams earlier.
• You must report the scam to your bank within 13 months of the payment.

Read more here.

You may be entitled to a refund or compensation if you have lost money due to an Authorised Push Payment scam and any of the following apply:

• The payment was made from a UK bank account on or after 7 October 2024.
• You were tricked or pressured into making the payment.
• You reported the fraud promptly to your bank, within the required 13-month time limit.
• You co-operated fully with your bank and, where asked, reported the fraud to Action Fraud.
• You did not act with gross negligence or knowingly assist the fraudster.

Customers who may be classed as vulnerable, for example, those experiencing ill health, bereavement, or financial hardship, are entitled to additional protection and will not have any excess deducted from their refund.

Typical APP scams include:

• Romance scams – where the fraudster poses as a potential suitor in order to get close to the victim and convince them to send personal details and money.
• Cryptocurrency scams – fraudsters promise financial ‘quick wins’ to persuade would-be investors to transfer money to build fake cryptocurrency portfolios.
• Impersonation scams – where the scammer claims to be calling from a trusted organisation or company, such as the victim’s bank or building society, or uses number spoofing to impersonate a family member or friend.
• Investment scams – as people try to earn more money for later life, or pension, scammers use this information to target would-be investors with bogus investment schemes.

If you suspect you have been the victim of an APP scam, then urgently report this to the bank, the police, and Action Fraud, the UK’s national reporting centre for fraud and cybercrime. If you have lost money, this may lead to a criminal investigation by the police.

The TLW Solicitors APP Fraud team deal with a wide range of claims and banks.

Common UK banks include:

• HSBC
• NatWest
• Santander
• Barclays
• Halifax
• Revolut
• Chase
• Monzo

Even if your bank is not on this list, get in touch for a no-obligation conversation about your case.

Seek legal support from a specialist solicitor if the loss exceeds £85,000 or involves multiple banks.

Our dedicated Professional Negligence team has many years of experience dealing with FOS and successfully claiming compensation for our clients, even where they have previously taken a compensation case to the FOS and been unsuccessful.

We understand the time limits to be followed, the information needed and the claims and appeals processes involved. The team will also deal with any complex legal arguments and defences that the bank may raise.

The combination of our experienced team and digital case management systems means that we can proactively pursue your claim and aim to get the best possible results for our clients.

Members of TLW Solicitors’ APP Fraud team have been featured on the BBC’s consumer programme, Morning Live, and in a BBC One series, ‘Northern Justice’.

Episodes from the programme show how TLW Solicitors helped scam victims recover substantial compensation.

Full details about the BBC series and how TLW successfully supported our clients can be found here.

The specialist fraud team at TLW Solicitors are helping many clients recover refunds on a no-win, no-fee basis. If you have a claim, we will deal with your claim from start to finish, whilst keeping you up to date as the case progresses.

The steps in the claims process are:

1. Submit your claim with us by completing either the online claim form, request a callback, telephone our office, or email us using the contact details provided.
2. A member of the fraud team will discuss your claim with you and advise whether you may have a claim that we can deal with.  If we can assist you, we will send you our welcome pack which contains useful information on what to expect throughout your claim as well as details of what information we’ll need from you.
3. You will be assigned a case handler. If following an initial assessment of your case we think you have a claim, we will be in touch to go through the next steps. If we don’t think you have a claim, we will provide our reasons why so that you may consider other options.
4. Your case handler will ask for and review any additional documentation needed to progress your claim, this will include contacting the banks involved on your behalf. You will be kept up to date by email and phone calls if required.
5. Depending on the circumstances of your case and due to a wide range of factors outside of our control, making a refund claim can take several months to complete – as your case progresses, we will try to give you as much information as possible about the likely timescales. We will continue to update you on your claim, and you will be able to contact your dedicated case handler if there are any issues or concerns.
6. We work on a ‘no win, no fee’ basis, which means that if your claim is unsuccessful, there will be no charge for the work we do.