The Code of Banking Practice provides banks will reimburse customers who lose funds as a result of unauthorised access to their accounts, unless the customer has acted negligently or fraudulently or breached the bank’s terms and conditions.
We focused on how the scammer got the code sent to Ingrid’s phone. If Ingrid told the scammer the code, she wasn’t entitled to reimbursement because disclosing the code is a breach of terms and conditions. We discounted a SIM swap scam immediately because Ingrid’s phone did receive the code (hence her call to the bank). In a SIM swap, the code goes to the scammer’s own phone. We also explored whether the code was shared by remote-access software on her phone or message-sharing between her phone and computer. We sought expert advice on electronic-sharing and concluded it was unlikely the code was shared in this way – her phone’s operating system didn’t support message-sharing and it had never had remote access software on it.
Having excluded the possibility that the code was shared electronically, the only plausible explanation was that Ingrid told the scammer the code. We explained this to Ingrid and said we would not find the bank responsible for reimbursing her.
Ingrid withdrew her complaint.Print this page