Not upheld: Fraud reimbursement (APP scams) complaint against Allied Irish Banks Plc

Decision detail

Summary

Mr C complained that AIB refused to refund money he claimed he lost to a scam involving cryptocurrency investments. Mr C alleged he made multiple payments to what he believed was a legitimate investment opportunity, but the ombudsman found critical gaps in his evidence. Specifically, Mr C could not provide evidence of direct contact with a scammer, payment requests, or clear documentation of actual losses, particularly given that he received substantial returns to his account. The ombudsman concluded that even if a scam had occurred, the professional documentation and reassurance from friends would likely have overcome any concerns raised by the bank. The complaint was not upheld, and no refund was ordered.

The Ombudsman's reasoning

The ombudsman found that Mr C failed to provide sufficient evidence of a scam. Specifically, there was no evidence of contact with a scammer, no evidence of money being requested, and critically, no clear evidence of actual loss. The presence of substantial credits/returns to Mr C's account made it impossible to determine which transactions were part of a scam versus legitimate transactions conducted by Mr C himself. The trace report did not sufficiently evidence the link between the company and the wallet, or what happened to the funds after entering the wallet. Even if a scam had occurred, the ombudsman concluded that bank intervention would likely not have prevented the payments given the reassurance Mr C received from friends, the returns he was receiving, and the professional documentation provided.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website