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Last reviewed: June 2026 · For use in England & Wales · eLitigant is a Community Interest Company (No. 16566612), not a law firm and does not give legal advice.
Quick answer
If your bank refuses to refund an authorised scam — often claiming you ignored a warning or were “grossly negligent” — you can challenge it free at the Financial Ombudsman. Many refusals are overturned. You don’t need a claims company or a solicitor.
Last reviewed: 25 June 2026 · UK
Banks don’t always pay up first time. They may say you were careless, missed a warning, or didn’t do enough checks. But “gross negligence” is a high bar — and the Ombudsman frequently finds in the customer’s favour. Here’s how to push back.
Why banks reject claims
- They say you ignored a specific scam warning (“confirmation of payee” or a tailored alert);
- They argue you were grossly negligent;
- They claim the payment doesn’t qualify, or apply the £100 excess.
The “gross negligence” bar is high
Being tricked is not the same as being grossly negligent. Scammers are sophisticated, and a generic warning you clicked past is rarely enough to deny you. If you genuinely believed the payment was legitimate, you likely still have a strong case — and vulnerable customers are protected from the gross-negligence and excess rules entirely.
Take it to the Financial Ombudsman — free
- Get the bank’s decision in writing.
- Complain to the Financial Ombudsman within 6 months of the bank’s final response — it’s free and you don’t need representation.
- Explain why you reasonably believed the payment was genuine, and why any warning wasn’t enough (Chris can draft this submission).
Official sources
- Action Fraud — Report fraud and cybercrime
- Financial Ombudsman — Make a complaint
- Citizens Advice — Scams
- FCA — ScamSmart
Your bank must refund authorised-scam losses — for free.
But how you word the claim matters. Chris drafts your reimbursement claim — and the Ombudsman complaint if the bank refuses. You keep 100%.
Contains public sector information licensed under the Open Government Licence v3.0.
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