Partially upheld: Authorised Push Payment (APP) scam claim / refusal to reimburse; poor customer service complaint against Barclays Bank UK PLC

Decision detail

Summary

Miss M paid £6,000 to a solicitor firm found on the Law Society website for legal services in July 2022. When she did not receive the legal outcome she expected, she claimed the solicitor had defrauded her and requested reimbursement from Barclays. Barclays declined, classifying the matter as a civil dispute. The ombudsman found the solicitor to be a legitimate, properly regulated firm with no evidence of fraudulent intent, determining this was a dispute over service quality rather than a scam. Although the payments were unusual and Barclays could have intervened, such intervention would not have prevented them given the solicitor's apparent legitimacy. The complaint was partially upheld only for poor customer service during phone calls, with £100 compensation ordered.

The Ombudsman's reasoning

The ombudsman concluded this was a civil dispute between Miss M and a legitimate supplier rather than an APP scam. The solicitor was properly registered, regulated, and authorised; found through official channels; and provided professional documentation. While Miss M did not receive the legal outcome she expected, failure to achieve desired results does not constitute fraud. The ombudsman found insufficient evidence that the solicitor intended to fraudulently deceive Miss M. Although the payments were unusual and Barclays could have intervened, such intervention would not have prevented the payments as the solicitor appeared legitimate at the time. The £100 compensation was upheld for poor customer service during phone calls, but no reimbursement was warranted.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website