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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am one of a group of investors involved in a swindle over

Customer Question

I am one of a group of investors involved in a swindle over gold investments. The fraudsters have now been aught by the police and will be prosecuted. The question is this:
They opened several accounts with NATWEST using false documents and arranged regular sweeping of funds abroad. On the day I realised the fraud, I spoke to Action Fraud and phoned NATWEST, wrote and got a solicitors letter sent. Despite their confirmation that they had instituted anti-fraud procedures. The police informed us that funds continued to be sent abroad for a long time after. The bank ignored all written correspondence from myself and solicitor and the banking ombudsman will only deal with complaints from clients of that bank.
Is there a prospect of action against the bank for multiple failures of AML and failure to mitigate loss by freezing accounts once notified by myself and others and Action Fraud?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know how much you lost? Was it a 419 scam?
JACUSTOMER-ypkmy1e8- :

I lost £24.000. Not sure what a 419 is. They promised a 10& profit in 3 months.

JACUSTOMER-ypkmy1e8- :

I lost £24.000. Not sure what a 419 is. They promised a 10% profit in 3 months.

Alex Watts : You want to take action against natwest even though you are not the customer, is that right?
JACUSTOMER-ypkmy1e8- :

Yes - there are 12 of us that I know of

Alex Watts : Ok. Let me give this a bit of thought as it is not straight forward
Alex Watts : who sent the solicitor letter?
JACUSTOMER-ypkmy1e8- :

JMW solicitors Manchester Nathan O'Connor

JACUSTOMER-ypkmy1e8- :

are you there?

JACUSTOMER-ypkmy1e8- :

I cannot see any answer

JACUSTOMER-ypkmy1e8- :

I cannot see any answer here

JACUSTOMER-ypkmy1e8- :

no answer received

Alex Watts :

Sorry I was on the train and the signal is on and off.

Alex Watts :

Did your Solicitor seek an injunction at all? Do you know whether the bank breached their OWN rules?

JACUSTOMER-ypkmy1e8- :

No he did not. The bank no longer respond, using data protection as their reason and they have ignored both the solicitor's letter and mine. They failed to spot false documents and registered false identities in multiple branches. They told me on the phone that they had instituted their anti-fraud policies, yet continued to allow accounts to be emptied. But we face a conspiracy of silence from them

Alex Watts : Ok. You are not saying they are part of the fraud? IE they knew and complicit?
JACUSTOMER-ypkmy1e8- :

yes. They allowed fraudulent accounts to be set up and money to be transferred abroad on a daily basis long after being notified of the fraud. IE they failed to follow their own anti fraud policies

Alex Watts :

If you know they are part of the fraud then you can complain to the Police. An offence may have been committed under the Fraud Act.

Alex Watts :

You can also try and get your money back.

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 signed 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. If it is over £10,000 you will need a Solicitor for the final trial as this is a complex matter.



Can I clarify anything for you about this today please?

JACUSTOMER-ypkmy1e8- :

The police have investigated the case and caught the fraudsters. The only role they see the bank having is lax security checks as these men used false names and the bank's failure to react to my notification of the fraud in relation to the specific account that I paid into but also the other accounts.

JACUSTOMER-ypkmy1e8- :

It has proved impossible to get them to disclose details. Would it not be wise to send them a letter with copies of my letter and the one from the solicitor before taking on a major bank in legal action based on the limited information that I have?

Alex Watts :

Yes you can do that or even apply for specific disclosure.

Alex Watts :

Does that help?

JACUSTOMER-ypkmy1e8- :

Yes it does. Thank you.

Alex Watts : Can I clarify anything else for you?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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