Can I open a case against an EMI or any bank for neglicence?

[bibing]

Ok I will make it as short as possible.
I have been scammed, short of 2000€.

Money was sent by bank wire transfer to an EMI (TW). It was sent to their Belgium IBAN (I guess TW use BE for IBANs)

I realized the same day they received the money that it was a scam.
I immediately called TW to tell them all details, sent an email at the same time, and filed a police report (which I sent them a copy of too). Yes, it was quite a terrible day.

It's been already 1 month and a half and I have no news from them. Everything is silent.

All my bank did was to send an "interbank message" (they call it like that) with a request to receive back the money.
They made it clear that the acceptance of the return is subordinate to the confirmation of the beneficiary....the scammer.
To me, it sounds like a joke! You ask the thief if he can kindly return the money because we suspect there's a fraud???
*Insert Benny Hill theme song here*

I'm not upset with my bank, I'm not upset with the police, I'm f*****g upset with TW!
They have been closing people accounts who moved 300EUR out of suspicion, and now you have somebody phoning you, sending a report, and you don't even freeze the account????

I don't expect something à la Paypal which they return the money as they please.
People bashing Paypal but as far as I know, whenever I opened a complain, Paypal froze the receiver amount and take it from there.
And yes, I have done that in the past and I have even won (rightfully) against big companies.

So I feel TW has been quite negligent in this matter.

I want to file a claim, and I don't know if there's such thing as a small claim court when it comes to this since it's for less than 2000€.
I don't even know where I should file: the UK, BE?
For some of you, it's a small amount, but for me, at this time it makes a big difference.

 

[NicolasMaduro]

You shouldnt waste your time thinking TransferWise have to compensate you. They dont and wont. Look at yourself and make sure you don´t
make the same mistake again in the future.

Your claim is with the receiver. Who did you sent money to? Company or personal account?

 

[Sols]

Until you have a court ruling saying something is fraud, it's not fraud legally speaking. Imagine if they (or any EMI or bank) would freeze people's accounts just because someone calls in and claims fraud has been committed. (A police report is also just a claim.) It would be an absolute nightmare.

TransferWise have no obligations towards you. You can try contacting the Financial Ombudsman, FCA, or British police but none of them will be able to help.

Your case is with the person who defrauded you. Go after them.

 

[bibing]

Who did you sent money to? Company or personal account?

Company account

 

[bibing]

Imagine if they (or any EMI or bank) would freeze people's accounts just because someone calls in and claims fraud has been committed. (A police report is also just a claim.) It would be an absolute nightmare.

Well not everybody goes to make a report to the police. Of course I don't pretend them to be "oh you have a police report, here's your money back". But I would have expected them to put a freeze at least on that sum in that account. Which they might or might have not done. I wouldn't even know since neither them nor my bank are following up.

Thanks for your replies guys