Not upheld: fraud reimbursement claim - APP scam vs civil dispute complaint against Santander UK Plc

Decision detail

Summary

Mr C paid an electrician for electrical inspection and EICR certification in December 2025. After discovering the EICR certificate did not comply with certification body rules, Mr C claimed fraud and requested reimbursement from Santander. Santander rejected the claim as a civil dispute. The ombudsman upheld Santander's decision, finding that the matter constitutes a private civil dispute rather than an APP scam under the Reimbursement Rules. The electrician completed the majority of agreed works satisfactorily, and the misrepresentation regarding the certification body's logo was attributable to the qualified supervisor who signed the certificate, not the electrician Mr C paid. The dispute arose from disagreement over the scope of work required before commencement.

The Ombudsman's reasoning

The ombudsman applied the Reimbursement Rules definition of APP scams, which requires criminal deception. The evidence showed the electrician completed the majority of agreed works satisfactorily and passed findings to a qualified supervisor for sign-off. The misrepresentation regarding the certification body's logo was attributable to the qualified supervisor, not the electrician Mr C paid. The dispute arose from disagreement over scope of work, which constitutes a private civil dispute rather than fraud. No evidence suggested the electrician falsified the certificate or acted with fraudulent intent.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website