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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sir We are contacting you on behalf of our principals

Resolved Question:

Dear Sir

We are contacting you on behalf of our principals based in England, Atlas Freight Services Ltd.

Kindly note that our principals were owed funds for shipping services afforded to Rock General of Dubai, UAE for shipments from South East Asia to Malawi. We are the local agents representing Atlas Freight Services in Malawi.

A signed affidavit is available if required from our principals detailing the summary of events that took place and how the payment which was supposed to be sent to Atlas Freight, Nedbank London Account ended up at FAWIS Ltd. HSBC London Account.

In July 2013 the funds were returned by HSBC London to Habib Bank Dubai under a condition that the funds not be returned back to Rock General Trading Dubai in anticipation of any future claim by the fraudster. The funds are now being held indefinitely by Habib Bank Dubai under instruction of HSBC London, unless our principals put up a Bank Guarantee for the same amount.

The above does not make sense as the funds have been returned to origin bank as the sender issued a stop payment to their bank and Atlas Freight Services had managed to convince HSBC London of fraud, thereby HSBC London had frozen the fraudster recipients account.

Since October 2012 (when the initial transaction took place) to date no claim has been made for the funds, nor has the fraudster any document to prove any legal entitlement to the funds whereas our principals have provided all authorities with the necessary documents to prove that the funds were supposed to be for themselves, if not for the email interception.

The Original attached affidavit was sent to Rock General Trading who presented to their Bank, Habib Bank, Dubai to enable the funds be returned to Rock General, who in turn would arrange to make payment to correct Beneficiary and account. Unfortunately no progress has been made and Habib Bank Dubai continue to hold the funds.

We have noted from the internet that FAWIS Ltd is not even in the business of shipping containers, and have had no transactions history with Rock General Trading, Dubai. Furthermore the director, PRINCE TONY CHUKWUZURU KENECHUKWU (FCA Individual Reference No: 598697)has been named and may have been involved in similar complaints by other parties in other businesses. According to the Lewisham Licensing Registry, he was named as License Holder and DPS Name for Brockley Super Food Store. The License Holders address being the same as FAWIS Limited, namely, 7 St John's Parade, Sidcup High Street, Kent, DA14 6ES. Please see below website links:

http://www.scambook.com/report/view/130252/Brockley-Superstore-Complaint-130252-for-$4,900.00
http://www.scambook.com/company/view/64809/Brockley-Superstore

In addition the registered trading address appears to be as residential address when searched on google maps, unless he has managed to secure relevant permits to trade from a residential address.

Our principals reported the matter to Action Fraud. All necessary reference numbers are detailed on the attached affidavit.

We kindly request you to assist on the above matter to recover our principals funds at the earliest. We cannot understand why HSBC London would send money back to origin bank but at the same time state that funds must not be released pending any future claim by FAWIS Limited when our principals clearly proved to them that FAWIS Ltd is not the legitimate owner of the funds. If HSBC London send necessary instruction to Habib Bank, Dubai then Habib Bank Dubai will release the funds to Rock General, Dubai who in turn will arrange for fresh transfer instructions to the correct beneficiary.

Awaiting to hear from you.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Thank you for the details, how is it I can help you with this please ?
Customer:

Dear Sir



We are contacting you on behalf of our principals based in England, Atlas Freight Services Ltd.



Kindly note that our principals were owed funds for shipping services afforded to Rock General of Dubai, UAE for shipments from South East Asia to Malawi. We are the local agents representing Atlas Freight Services in Malawi.



We have a signed affidavit from our principals detailing the summary of events that took place and how the payment which was supposed to be sent to Atlas Freight, Nedbank London Account ended up at FAWIS Ltd. HSBC London Account.



In July 2013 the funds were returned by HSBC London to Habib Bank Dubai under a condition that the funds not be returned back to Rock General Trading Dubai in anticipation of any future claim by the fraudster. The funds are now being held indefinitely by Habib Bank Dubai under instruction of HSBC London, unless our principals put up a Bank Guarantee for the same amount.



The above does not make sense as the funds have been returned to origin bank as the sender issued a stop payment to their bank and Atlas Freight Services had managed to convince HSBC London of fraud, thereby HSBC London had frozen the fraudster recipients account.



Since October 2012 (when the initial transaction took place) to date no claim has been made for the funds, nor has the fraudster any document to prove any legal entitlement to the funds whereas our principals have provided all authorities with the necessary documents to prove that the funds were supposed to be for themselves, if not for the email interception.



The Original attached affidavit was sent to Rock General Trading who presented to their Bank, Habib Bank, Dubai to enable the funds be returned to Rock General, who in turn would arrange to make payment to correct Beneficiary and account. Unfortunately no progress has been made and Habib Bank Dubai continue to hold the funds.



We have noted from the internet that FAWIS Ltd is not even in the business of shipping containers, and have had no transactions history with Rock General Trading, Dubai. Furthermore the director, PRINCE TONY CHUKWUZURU KENECHUKWU (FCA Individual Reference No: 598697)has been named and may have been involved in similar complaints by other parties in other businesses. According to the Lewisham Licensing Registry, he was named as License Holder and DPS Name for Brockley Super Food Store. The License Holders address being the same as FAWIS Limited, namely, 7 St John's Parade, Sidcup High Street, Kent, DA14 6ES. Please see below website links:



http://www.scambook.com/report/view/130252/Brockley-Superstore-Complaint-130252-for-$4,900.00


http://www.scambook.com/company/view/64809/Brockley-Superstore



In addition the registered trading address appears to be as residential address when searched on google maps, unless he has managed to secure relevant permits to trade from a residential address.



Our principals reported the matter to Action Fraud. All necessary reference numbers are detailed on the attached affidavit.



We kindly request you to assist on the above matter to recover our principals funds at the earliest. We cannot understand why HSBC London would send money back to origin bank but at the same time state that funds must not be released pending any future claim by FAWIS Limited when our principals clearly proved to them that FAWIS Ltd is not the legitimate owner of the funds. If HSBC London send necessary instruction to Habib Bank, Dubai then Habib Bank Dubai will release the funds to Rock General, Dubai who in turn will arrange for fresh transfer instructions to the correct beneficiary.



Awaiting to hear from you.

Alex Watts :

Ok - let me have a read of this please.

Customer:

I hv the affidavit which give u details of exactly how all this fraud took place. Unfortunately am unable to attach.

Alex Watts :

Are the funds in UK or Dubai please?

Customer:

the funds are back with Habib Bank Dubai, UAE under condition from HSBC UK

Customer:

Condition is that Habib Bank cannot release the funds unless our principals provide them with a bank guarantee for same amount

Alex Watts :

And HSBC wont provide this?

Alex Watts :

Have you reported the scam etc to the Police?

Customer:

HSBC has told Habib Bank not to release the funds unless client issues a Bank Guarantee

Customer:

yes Police have been informed. tHEY TOLD US TO REGISTER ON ACTIONFRAUN WEBSITE

Customer:

but Police are very unhelpful and not even interested to provide a Police Report

Alex Watts :

Where is the client based?

Customer:

Payer/Rock Genral is Based in Dubai, UAE

Customer:

Our principals/Atlas Freight are based in UK

Alex Watts :

And their contract is with the person in Dubai?

Customer:

Atlas Frt sent statement of account and payment request to Rock General.

Customer:

yes

Alex Watts :

Ok - is there a written contract by the Atlas?

Customer:

no written contract but only copies of Bills of Lading and Freight Invoices

Customer:

how do I send you an attachment as the affidavit explain this in detail and u will understand exactly what happened

Customer:

pdf doc attachment

Alex Watts :

You should be able to attach it using the paperclip opion

Customer:

seems to be a problem cannot insert attachment...

Alex Watts :

Email it [email protected]

Customer:

if I send to thet email address will you receive the correspondence?. Do I have to put your reference?

Alex Watts :

It should be linked to this question. But that goes to admin and can take 24 hours to get to me

Customer:

for some reason I just cannot use the pin to attach the affidavit

Alex Watts :

Yes just email it to that address and it will be forwarded to me.

Customer:

EMAIL SENT

Alex Watts :

ok, I will be in contact when I have it

Customer:

good morning alex, plse confirm that you have recvd the email with the necessary attachment and full history.

Alex Watts : Not yet, but I will wait to hear from customer services.
Customer:

I had recvd an email on Saturday 08/03/2014 that email has been forwarded.

Alex Watts :

No, not had it yet.

Alex Watts :

I have had this now - let me know when you are online

Customer:

good morning

Alex Watts :

It sounds like you need to do take this matter to Court.

Alex Watts :

You would need to sue both Atlas UK and HSBC UK

Alex Watts :

The Court can then decide who is liable, release of funds, interest and costs.

Alex Watts :

To do this you either need to instruct a UK Solicitor or you can issue proceedings online.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation. Anything over £10,000 you will need a lawyer for trial.


 


Can I clarify anything for you about this today please?

Customer:

if it goes to court then can thel legal costs be passed onto to them?. Secondly and more importantly it is Atlas Frt who has not recvd the funds due to the emails being intercepted. At present we are not sure whose emails were being intercepted btu we assume it is for Rock general since they were using a webmail (yaoo) service.plse note that since funds are held at Habib Bank UAE

Customer:

Funds are being held by Habib Bank UAE under instruction from HSBC as per information provided by HABIB Bank when we visited last month

Customer:

however Habib Bank did state that if they receive a Police Report or Court Order stating the fraud then Habib Bank UAE will release the funds as they ar etrying to cover themselves from any furutre claim

Alex Watts : If you win then you can claim legal costs.
Alex Watts : You can't sue Habib in the UK you would need to issue proceedings there. But you would be able to get a court finding stating it was fraud from the court then this clearly would help you.
Alex Watts : HSBC may be able to be sued and forced to deal with the matter.
Alex Watts : Does this help?
Customer:

How long does the court finding take and what would the approximate cost for same be

Customer:

and for a court finding do I still have to go through a lawyer?.

Alex Watts :

It can take anywhere from 2 weeks to 6 months depending if contested.

Alex Watts :

If not contested the cost £500, if contested £8000

Alex Watts :

To find a Solicitor: http://solicitors.lawsociety.org.uk/

Alex Watts :

Can I clarify anything else?

Customer:

okay thanks and just to secure a court finding prior to contest would take?.

Alex Watts :

They could take a few weeks

Customer:

sorry to keep troubling you but are u able to advise what is actually involved in a court finding?.

Customer:

can we obtain a court order against Rock General, UAE or Habib Bank UAE from UK?.

Alex Watts :

You issue proceedings, if it is defended then it will be set down for a hearing.

Alex Watts :

As for any business based in UAE you would need a Court order based in that country not the UK

Alex Watts :

Does that clarify?

Ash and other Law Specialists are ready to help you