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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Very recently I was an unknowing victim of an online scam -

Resolved Question:

Very recently I was an unknowing victim of an online scam - which has been very costly. The matter has been reported to the police and was advised to use the Action Fraud website. There seems to be little else i can do.

I'm wondering, as I know the bank account where the money has gone and can prove by the email trail that goods have not been received - can I take up the matter on a civil basis?

Any help or advice would be gratefully appreciated.

Mr H
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Do you know the name of the person receiving your money?

tdlawyer :

And how much was the sum transferred please?

Customer:

I have an initial and a surname and the bank account where the funds were paid into.

tdlawyer :

Okay. How much was it?

Customer:

The amount was in excess of 2K

tdlawyer :

Okay. What you need now is the address of the person concerned. Do you have that?

Customer:

NO I do not. A bogus story was weaved and an address and email given - I assume they are both disposable the only true thing being the deposit account.

Customer:

The name on the emails differed to the name on the account - we went to far before realising. Our efforts failed in stopping payment.

tdlawyer :

Okay. You need those details really to be able to enforce, unless you only intend to enforce against the bank account, which might be (in fairness) all you need to do, Obviously, though, if the account is empty, you will need to find this person.

tdlawyer :

You can, however, issue a claim in the civil courts to recover money unlawfully taken from you.

tdlawyer :

You can do it online too, www.moneyclaim.gov.uk

tdlawyer :

But you can only do it really if you have an address.

tdlawyer :

If you can find the person, you can serve them with proceedings personally, but since you do not know who it is really, its difficult to do.

tdlawyer :

Really, it sounds like you need to issue an application for a Norwich Pharmacal order. This identifies the correct defendant.

tdlawyer :

You're going to have to issue a claim against the bank, seeking an order that it be forced to identify the name and address of the account holder.

tdlawyer :

You need to issue a Part 8 Claim Form to do this. Here is the claim form: http://hmctsformfinder.justice.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=431

tdlawyer :

It's difficult to do all of this, and if you used solicitors, it wouldn't be cost effective. Doing it yourself is really the only way you're likely to get your money back without paying it all out (and more!) in lawyers fees.

tdlawyer :

Then once you have the name and address of the proper defendant, you can then sue him separately.

Customer:

Many thanks for your advice. It's been an awful few days. After speaking to the police (more than once), my bank, fraudsters, bank and today victim support rang - your advice is really the only light so far. For the record the amount was over 5K and it has been a very painful experience. I can see why people choose just to move on as you feel so very foolish. Regards

tdlawyer :

I'm pleased to help. Is there anything else you would like me to answer for you?

Customer:

I think we're all set with the advice given. The individual is probably quite the expert in evading detection (false email and address throughout the scam)so I like the idea of the claim against the bank. We'll start there and see how it goes - this seems better than just 'moving on' even if unsuccessful.

tdlawyer :

Okay, no problem. If you need more information any other time, let me know.

tdlawyer :

For now, please do remember to rate the answer for me. Thank you!

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