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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been Cheated via E-Mail to Transfer my advance

Resolved Question:

I have been Cheated via E-Mail to Transfer my advance payments to a fraudulent account of Homestar Industrial Limited in Lloyds TSB Bank England which was meant for Homestar Industrial Limited China. Wells Fargo Bank Remitted USD 12781 on July 11, 2016, immediately after discovering the fraud Wells Fargo Bank Recalled the amount on July 12,2016. Lloyds TSB bank requested for Indemnity Bond to refund the money to me.
My Bank has sent the Indemnity Bond but Lloyds TSB Bank has not refunded the amount since till now. Lloyds Bank has not disclosed the status of the fraud account holder and action taken against him. Can you help me get my money refunded to me?
Submitted: 7 months ago.
Category: Law
Expert:  Ash replied 7 months ago.

Hello my name is ***** ***** I will help you with this.

Who was hacked, you or the person sending the money?

Customer: replied 7 months ago.
I sent money to Lloyds TSB Bank after I received several mails from china beneficiary hacked mail id to transfer money to his England Bank account which turned out to be a fraud account. Now England Bank not refunding my money. What action I can take further? I already registered case with Action fraud.police.uk but no result yet. Can someone get details of the fraud account from LLoyds TSB Bank? Can I file a case against Lloyds TSB Bank England to claim fraud refund from Bank? What is the minimum expenses to lodge case in England court?
Expert:  Ash replied 7 months ago.

Sadly Lloyds TSB are not liable. It is not their fault you were given the details of a fraud account.

However you could seek a court order requiring Lloyds to give you the details of the fraud account, the persons name and address.

You would need to complete form n244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

A Court would list this for hearing and decide whether to make the order.

If the court does and you get the details you can sue the fraudsters direct.

You will need a Solicitor for this though (I cant do it for you as this is a question and answer site).

You can find a Solicitor here:

http://solicitors.lawsociety.org.uk/

They should attend Court for you. If you win then you can claim the Solicitor cost back.

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
Stop payment and recall Swift message was sent to Lloyd's TSB Bank within 24 hrs. Of original message to Remit USD 12781 to which Lloyd's Bank replied seeking Indemnity Bond for refund of USD 12756 or less without authorization from the fraudster but in spite of sending Indemnity Bond Lloyd's TSB Bank failed to refund money or provide any details of the status of the account
Expert:  Ash replied 7 months ago.

Then the bank may be liable. But in any event you are going to need a Solicitor to draft proceedings and represent you in Court.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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. But given you are abroad then you will need representation if you are not going to attend the trial itself.

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
Hi Ash,
Thanks a lot for your valuable answer. You said "your country court" do you mean I can file a case in Indian Court and get a decree? what will UK representative do in that case? Please give me estimate for hiring a solicitor and the cost if a case is filed in UK court. The claim amount is GBP 9000 and odd. Please provide your contact/E-mail in case I need your representation.
I have already complained to Lloyds Bank Resolver and Financial Ombudsman service in UK If nothing works I will need your help later.
Niranjan Deoras
Expert:  Ash replied 7 months ago.

Yes you could get an order in your home county.

You could also do with a UK lawyer to help you.

You can find one here:

http://solicitors.lawsociety.org.uk/

To get a Court order here it may cost around £1000, the cost of which can be added to the debt

Does that clarify?

Customer: replied 7 months ago.
Indian court order will be binding on loyd's Bank to pay me Please explain how
Expert:  Ash replied 7 months ago.

They can be recognised. There are reciprocal agreements in place.

Does that clarify?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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