A working family lost everything in their bank accounts in one afternoon.
A caller claiming to be from their bank’s fraud team said their accounts had been compromised, and told them to move their money somewhere safe. The “safe account” belonged to the scammers.
The bank recovered just $1 and said it wasn’t responsible. ezylegal took up the complaint, and the bank agreed to pay back two-thirds of what they lost. That was double what it had offered.
At a glance
- Problem: Scammers posing as the bank’s fraud team talked a customer into transferring his family’s savings to an account they controlled.
- Claim against: The family’s bank.
- Legal basis: A complaint that the bank failed in its duty of care to protect its customers from a well-known scam, run through the bank’s complaints process and the Australian Financial Complaints Authority (AFCA).
- Result: A negotiated settlement paid straight into the family’s account, double the bank’s final offer.
A scam built to look real
It started with a text claiming a subscription payment had failed, with a link to update the details. Our client clicked it.
Later that day, the phone rang. The caller said they were from the bank’s fraud department, knew his details, and told him his banking had been compromised. To protect his money, he needed to move it to a “safe account” straight away.
He made two transfers, emptying his and his wife’s accounts. Within hours, he realised what had happened and called the real bank.
The bank said it wasn’t liable
The bank investigated and recovered $1.
The money had gone to an account at the same bank, and been moved straight back out. The family asked how that account could be opened and used for a scam without anyone noticing, and why the bank didn’t hold payments to new payees.
The bank’s answer was that our client had authorised the transfers, and there was nothing it could have done. The family took the complaint to AFCA. The bank then offered a goodwill payment of about a third of what they’d lost.
The outcome
ezylegal took over the complaint and pressed the bank on its duty to protect customers from a scam the whole banking industry knows about.
Within weeks, the bank’s settlement offer doubled, to two-thirds of the family’s loss. The money was paid straight into their account the next day.
Can I get my money back from the bank after a scam?
Sometimes, yes. Even if you made the transfer yourself, the bank may have to pay some or all of it back if it could have done more to stop the scam.
Banks know about bank impersonation and “safe account” scams. Under industry codes and their general duty of care, they’re expected to watch for unusual payments, act quickly to recover money and handle complaints fairly. If your bank says no, you can take it to AFCA for free. A lawyer can push a bank well past its first offer.
If you’re facing something similar
If you’ve been scammed out of money:
- call your bank’s real fraud number straight away, using the number on its website or your card
- report the scam to the police and to Scamwatch
- write down exactly what happened, with times, and keep every text and email
- make a formal complaint to your bank and ask for a reference number
- if the bank refuses or offers too little, take it to AFCA, or get legal advice
Act fast, because the sooner you report it, the better the chance of getting money back. Time limits also apply to complaints. See all the areas ezylegal can help with.
ezylegal operates on a no-win, no-fee* basis across consumer, commercial and insurance disputes, so you’re not weighing the cost of a lawyer against the cost of walking away.