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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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A well known bank allowed a bogus account to be opened and

Resolved Question:

A well known bank allowed a bogus account to be opened and money paid in to it not knowing the account was bogus. The money was transferred from bank in UK to bank in Hong Kong. What rights do I have. The FOS said that its has no jurisdiction as the bank branch is overseas.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
How much was lost please?
Customer: replied 2 years ago.
Hi Alex
Thanks for your response. The total amount is £40 transferred from 3 UK accounts. Thanks.
Customer: replied 2 years ago.
Is it possible you could use my email address;***@******.***. When I registered the system would not allow me to use my email address so I had to use my wife's. This oresenting a problem as I have to wait for her to forward me your messages.
Expert:  Ash replied 2 years ago.
Sadly we must communicate here.
Was it transferred to a UK account?
Customer: replied 2 years ago.
Sorry, just got your response. The funds were transferred from UK banks to HSBC Hong Kong.
Expert:  Ash replied 2 years ago.
From you to HK?
Customer: replied 2 years ago.
No. The funds were transferred from my wife, son and a friend bank accounts in UK to HK branch...
Customer: replied 2 years ago.
No. From my wife, son and a friend accounts in UK to HK.
Expert:  Ash replied 2 years ago.
You have no rights against the HK bank because it's outside the jurisdiction and the FOS are right when they say they can't do anything.
If you know the U.K. Bank knew the HK was fraudulent then you possibly have a claim
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and 2 other Law Specialists are ready to help you