What counts as vulnerability
Vulnerability is assessed based on your circumstances at the time of the fraud. Factors include: age, physical or mental health conditions, cognitive impairment, limited digital literacy, emotional distress (particularly relevant in romance scams), financial difficulties, and bereavement.
Vulnerability is not a weakness — it’s a recognition that some people are more susceptible to certain types of fraud due to their circumstances.
Enhanced protections
If you’re assessed as vulnerable, your bank must reimburse you regardless of whether you met the consumer standard of caution. The £100 excess cannot be applied. And banks are expected to have applied additional safeguards to protect you.
This means that even if a non-vulnerable consumer might have their claim reduced or rejected, a vulnerable consumer in the same situation should be fully reimbursed.
Bank’s duty to detect vulnerability
Banks have a duty under the FCA Consumer Duty to identify and respond to vulnerability. This includes looking for signs of vulnerability in transaction patterns, customer interactions, and account activity.
If your bank failed to identify your vulnerability — and that failure contributed to the fraud succeeding — this strengthens your claim significantly.
How we handle vulnerability assessments
We work with you sensitively to identify any vulnerability factors that applied at the time of the fraud. We then ensure these are properly documented and presented in your complaint.
Many victims don’t realise that their circumstances qualify as vulnerability. Our experienced team can help identify factors you may not have considered.