Not upheld: APP scam refund claim - insufficient evidence complaint against TSB Bank plc

Decision detail

Summary

Mr M claimed that TSB should refund £1,500 he paid to a third party following what he believed was a staged accident and extortion scheme. Mr M stated he was threatened and paid under duress, but did not report the matter to police due to mental health concerns. TSB declined the refund, and the ombudsman upheld TSB's decision, finding that Mr M's uncorroborated account and refusal to engage further with the investigation meant there was insufficient evidence to establish an APP scam had occurred. The ombudsman acknowledged Mr M's vulnerability and the seriousness of his loss but determined that the Reimbursement Rules could not apply without evidence supporting a scam.

The Ombudsman's reasoning

The ombudsman found that without corroborating evidence and given Mr M's refusal to engage further with the investigation, there was insufficient evidence to establish that the payments resulted from an APP scam. The Reimbursement Rules only apply to APP scams, and the ombudsman could not make a finding in Mr M's favour based solely on his uncorroborated version of events. While sympathetic to Mr M's circumstances and vulnerability, the ombudsman determined that TSB was not at fault in declining the claim.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website