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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69792
Experience:  Over 5 years in practice
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We have been frauded by a hacker who hacked into our email

Resolved Question:

We have been frauded by a hacker who hacked into our email and intercepted banking information from our suppliers and substituted exactly same beneficiary but with his own account and iban number - and the money transferred has vanished - as per National Westminister Bank, Merseyside, UK response.
Please let me know if you can help.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

I want to hire a Private Attorney specialised in e-crime. The hacker kept a track on my company email flow - and intercepted the suppliers bank information and substituted his own Account Number and Iban Number leaving the beneficiary name. We did not get the real email from supplier but only the email from the hacker. We made the transfer and the money has vanised - as per National Westminster Bank-UK.

We feel there was a negligence on the part of the bank to pay the amount into an account which is not the beneficiary's account and want to hold them responsible.

We need to hire the services of a Private Attoryney who is specialised in such e-crime fraud.

Expert:  Jo C. replied 2 years ago.
Ok.
So what is your question about this?
Customer: replied 2 years ago.

I am not getting any satisfactory response from you to my email. What other information you need. I have lost approx GBP27,000 on UK transfer and Euro 17,000 on Italy transfer.

I need positive response - what is my next step for recovery of funds.

Expert:  Jo C. replied 2 years ago.
On what basis do you say the bank are liable?
In what specific way have they been negligent?
The hacker had your personal information.
Customer: replied 2 years ago.

The beneficiary name was correct. Don't bank have responsibility to check that the account number was wrong. Maybe sometimes one can make a mistake with a digit or so. How can a bank have a system where the hacker has found a loophole to get funds transferred to his account even though the beneficiary name is ***** ***** of a Company who has account in the same bank but different branch.

How does hacker open an account with the bank without any credentials to check who he is. How does money go into his account and vanishes.

Expert:  Jo C. replied 2 years ago.
No.
The responsibility for that is with the transferor.
If you can show that their security measures failed then you could argue the bank are liable. Failing to check the account number is ***** sufficient.
Of course, there may be more to it. I do lots of criminal work though and I can tell that it is much more likely that your security measures were hacked than the bank. We never really know how these scammers get access until they have done it and are caught. Generally speaking though, they focus upon the individual rather than the corporation unless, of course, it was an inside job within the corporation which does sometimes happen. There is no evidence of that here though.
Your claim is against the person concerned unless you can show clear negligence on the part of the bank.
Unless this is a sum under £10k I would even consider issuing against them until you have investigated this as you will lose and be hit with their costs.
I am sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

How can I get hold of information of the account holder who has swindled us. Is bank responsible to provide this information.

Thanks so far.

Expert:  Jo C. replied 2 years ago.
Well, it will probably be very difficult to find him. Usually they hide their tracks.
The bank will not provide you with anything at all but you can report it to the police who can force the bank to give them the information that they do have. Usually the police do not have to. The banks will comply with an investigation.
Jo C., Barrister
Category: Law
Satisfied Customers: 69792
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

why did I get another charge today for GBP66/-. I had not authorised for this.

Please advise and refund this charge.

Thanks.

Vincent XXXXX

Expert:  Jo C. replied 2 years ago.
You will need to email customer services about that. I am never involved in that.
Please remember to leave feedback for my answer.

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