issue 145 August 2018 1 ombudsman news essential reading for people interested in financial complaints – and how to prevent or settle them fraud and scams: a moving picture It was only relatively recently, in 2015, that we shared our insight into banking complaints involving phone fraud. Back then, it seemed the fact older people were more likely to use landlines meant they were particularly at risk of “no hang up” scams. Caroline Wayman chief ombudsman Today, it’s often loopholes in This makes it harder for us to And as our case studies show, in this issue new technologies, rather than reach an answer both sides are the evolution of criminals’ in old ones, that fraudsters happy with. But it doesn’t mean methods – in particular, ombudsman are using to their advantage. usual standards don’t apply. As their sophisticated use of focus: fraud and Your first step toward being our case studies illustrate, we’ll technology and manipulative scams scammed may be putting your expect to see clear evidence “social engineering” – means page 3 details into an identical, but that banks have investigated it’s an increasingly difficult fake banking website – or thoroughly – and reflected hard case to make. fraud and scams responding to a text message on what more might have been case studies that, on the face of it, looks like done to protect their customers page 8 it’s from your bank. and their money. first quarter Unlike most other complaints We also often hear from banks statistics we see, complaints about fraud that their customers have acted page 14 and scams involve – whether with “gross negligence” – and it’s accepted or suspected – this means they’re not liable for Q&A – our new the actions of a criminal third the money their customer has case-handling party. So it’s understandable lost. However, gross negligence system that, in many cases, both the is more than just being careless page 17 bank and their customer tell or negligent. us in strong terms that they’re not responsible for what’s happened. financial-ombudsman.org.uk issue 145 August 2018 2 If there’s anything to be to stop more people losing And in the same way as we salvaged in the wake of fraud more money – and UK Finance’s want people to learn from our and scams, it’s what we can Katy Worobec outlines the experience, I’m grateful for learn about how they happened industry’s response. the insight Richard Lloyd’s and what needs to change. In independent review of our this edition, alongside our lead The insight we share into service, published in July, ombudsman Pat Hurley, the what we’re seeing – including has given us into how we can Payment Systems Regulator’s through ombudsman news – do things better ourselves. Hannah Nixon gives an update is an important part of our work We’ll report on the action on regulatory action – including to help prevent complaints we’ve taken in response to his developments in the area of arising in the first place. That’s recommendations before the “authorised push payment” especially important for issues end of the year. fraud, where the FCA is such as fraud and scams, currently consulting on giving where there’s high potential for us more powers to help. Fraud vulnerability and harm. expert Richard Emery gives his view on what needs to be done Caroline … If there’s anything to be salvaged in the wake of fraud and scams, it’s what we can learn about how they happened and what needs to change … @financialombuds financial-ombudsman.org.uk get in touch or subscribe financial-ombudsman.org.uk issue 145 August 2018 fraud and scams 3 ombudsman focus: fraud and scams According to the latest data from UK Finance, banks and card companies prevented nearly £1.5 billion from being lost to fraud in 2017. However, more than £730 million was still lost – with “authorised push payment” (APP) fraud, where people unwittingly act on fraudsters’ instructions and carry out the transactions themselves, accounting for a further £236 million of stolen payments. We asked lead ombudsman Pat Hurley, the Payment Systems Regulator’s Hannah Nixon, independent fraud expert Richard Emery and UK Finance’s Katy Worobec for their perspectives on scams and fraud – and what more needs to be done to prevent them. Pat Hurley lead ombudsman and director of casework The rapid evolution of technology from strangers offering unexpected The fact is that scams can be very means people are able to engage with windfalls, today’s scammers are far convincing – for example, using fake financial services in ways that they more sophisticated. This sophistication websites that look identical to banks’ couldn’t have imagined just a few years often manifests itself through a online systems, or text messages ago. And that’s a direction of travel combination of a manipulation of these that to all intents and purposes look which is only likely to continue. We live technological advances and, crucially, like they’re from someone’s bank, in a world now where new technology social engineering – in other words, even joining the message thread of a emerges and is adopted within months, manipulating people. The challenge conversation people had been having versus the years it took previously. for the financial services sector, its with their actual bank. Fraudsters Consumer behaviour and expectations regulators and us at the ombudsman, often know the bank’s fraud processes are of course changing in line with this. when we’re deciding what’s fair too – playing on the emotions of their and reasonable, is to make sure our targets, who are panicked into thinking Unfortunately, this can provide a thinking and our ways of working their money is at risk right now and fertile ground for scammers who are reflect what’s essentially an ever- perhaps less likely to think clearly always moving with the times too. changing state of play. as a result. While people may be wiser to emails financial-ombudsman.org.ukfinancial-ombudsman.org.uk issue 145 August 2018 fraud and scams 4 It’s understandable that, in many cases, As financial services change, and scams neither a bank nor their customer feel evolve with it, what’s considered grossly they’ve done anything wrong. People who’ve negligent behaviour will inevitably fallen victim to scams will often tell us they change too. felt they had no option but to do what they were told by the scammers. At the same The increasing sophistication of scams time, banks often tell us they believe their means that the bar for gross negligence is customers have been “grossly negligent” in high – it’s more than just a test of whether handing over personal details to scammers – someone was careless. enabling the scam to occur. But, like all complaints, if present-day scams But gross negligence isn’t a term to be used have any silver lining, it may be that they lightly. When someone contacts us after can help the financial services sector with losing money to a scam, we’ll look to see if its prevention work. And they can also help they actually authorised the transaction. In regulators and the ombudsman service keep assessing this, we’ll be trying to “recreate in step with what it’s fair and reasonable to the scene”. expect from financial businesses and their customers when it comes to protecting If we think it’s more likely than not they their money. didn’t authorise the transaction, that’s when we need to consider whether they In fact, if we all continue to learn from were grossly negligent – as part of deciding today’s lessons, then – as consumer what’s fair and reasonable. And one of understanding and banks’ security measures the key things we’ll think about will be evolve over time – a complaint we uphold the environment that was created by the today might conceivably not be upheld in a fraudster for the consumer – essentially the few years’ time. Of course, in a perfect world “spell that was cast”. there won’t even be fraud to complain about in the first place. But one step at a time. “one of the key things we’ll think about will be the environment that was created by the fraudster” financial-ombudsman.org.ukfinancial-ombudsman.org.uk issue 145 August 2018 fraud and scams 5 Hannah Nixon managing director, Payment Systems Regulator These days financial fraud can happen to help stamp out the problem. We told This will give everybody greater when we least expect it. Criminals have the banks to accurately record protection against this type of many different tactics to get hold of the details of this type of fraud so fraud – and victims a much better our money, and one of them is through we could understand the impact chance of being reimbursed. authorised push payment properly – and discovered that (APP) scams – when a fraudster tricks there were 43,875 reported cases of We’re making good progress and have you into transferring money from your authorised push payment scams last worked closely with the Financial bank account to theirs. year, with a total value of £236 million. Ombudsman Service on this important 88% of the victims were consumers, piece of work. In a couple of months We’ve heard of people in the process who lost an average of £2,784. The rest the Ombudsman will be able to take of buying a house who have been were businesses, who lost on average this code into account as a relevant tricked by fraudsters posing as £24,355 per case.