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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8560
Experience:  I have been practising for 30 years.
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I fell for the con artist charm online thinking she was

Customer Question

I fell for the con artist charm online thinking she was genuine, and she said she was into me and loved me online, but we never met her but spoke on skype. I foolishing said to her if she sells some of here painting in South Africa Cape the buyer can transfer the money to my account and I will transfer the money to the hotel and pay the bill. I believed she was stranded in cape town and all i wanted to was to help her get to the uk so, i could meet here for the frisrt time. £15000 deposit to my account and I transfered 5000 to another account thinking i was paying her hotel bill. she asked me to transfer another 5000 to a account, but this is when the bank stopped it.
This was report to Action Fraud staight away and i told them how i lost 9000 of my money to the con artist
Submitted: 4 months ago.
Category: Law
Expert:  F E Smith replied 4 months ago.

Can you explain the situation a little more about the money please?

You say that you got £15,000 deposited and then you transferred £5000 out and the banks stopped the further £5000 so you should have £10,000.

Did the bank take back the £15,000 somehow?

If they have done that, could they not take the £5000 back from wherever you sent it to?

Customer: replied 4 months ago.
It was too late for the bank to take back 15000.00, because I transfered 5000 to the another account on a Monday. The scam artist then asked me to transfer another 5000 to another bank account but it did not go through. £10000 was left in my account and my own money to 1600. I went to the bank on Tuesdays morning and that is when Bank Fraud department told me it was stolen money in account. Called Action Fraud straight away and gave the bank My Skpye transcript. then on Wedensday the bank Fraud department returned the stolen money back to the people it was stolen including my own money .
I need to know what is going to happen to me?
Expert:  F E Smith replied 4 months ago.

Before all this started, how much money did you have in your account? £1600?

I’m not certain how you have lost £9000.

Customer: replied 4 months ago.
this is how i lost £9000.00 of my own money to the con artist
17/05/16 £600
23/05/16 £1900
26/05/16 £800
27/05/16 £1200
01/06/16 £3000
09/06/16 £1500
All done by my online banking
She was convinced that I was helping her out and she would pay me back the money once she sold her painting and will get my money back once she came to the uk.
Customer: replied 4 months ago.
how much is actually costing me?
Expert:  F E Smith replied 4 months ago.

You only pay one fee for the whole exchange.

You haven’t mentioned all the other sums of money before which you kept parting with.

With regard to the money that you have sent in dribs and drabs, there is nothing you can do about that other than report it to the police and action fraud. It will have gone to a bank account unless that account has now been closed. If you transferred it by Western Union, it will have gone.

The bank can’t actually legally do what they have done.

The legal situation is that the £15,000 in your account was mixed with your own money and hence, they have not just returned the stolen money, they have, as you quite rightly say, taken your own money.

Further, they can’t just take whatever money is there and leave your money behind because legally, (an odd concept to get your head round) of all the money in your account, they don’t know which is your money and which is stolen money. It’s not a mathematical thing, it’s to do with the same physical money being taken out or not.

You are entitled to be reimbursed whatever money was in your account at the time the stolen £15,000 came in. I think you are saying that was £1600 because it isn’t clear. Regardless, whatever money was in your account at the time that stolen money came in you are entitled to it back.

Make a formal complaint to the bank and if they still will not refund you you can either complain to the Financial Ombudsman Service issue Small Claims Court Proceedings www.moneyclaim.gov.uk or actually do both.

Can I clarify anything else for you?

Please rate the service positive. It is an important part of the process by which experts get paid. It does not cost you anything but helps us greatly.

Best wishes.

FES

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