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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47411
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently paid nearly £25000.00 to buy a static

Resolved Question:

Hi. I have recently paid nearly £25000.00 to buy a static caravan & site pitch for a year. The agreement was to be paid in full by bank transfer. The company sent me their bank details by e-mail. It seems this e-mail was interfered with and the deails changed. The money has gone missing. The company has shown me a copy of their e-mail, with the correct details. I did not recieve this. Only the sham one. Do i have a case to sue them, for not making sure, i had the correct details. Can i claim against their own public liability insurance. Thank you.
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Has the money been located at all? Also, how long ago was this?

Customer: replied 10 months ago.
NOT THAT I KNOW. 2/3 DAYS AGO.
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 10 months ago.
Thank you. I just want to know basically where i stand, in this matter. And if its worth going down the legal route. If the money is not returned. Thank you.
Expert:  Ben Jones replied 10 months ago.

You're welcome and no problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 10 months ago.

Just to check do you know at what stage the email may have been tampered with?

Customer: replied 10 months ago.
The e-mail with the correct bank details were sent to me on 31st Aug 2016 at 13:25. It did not arrive. The altered e-mail that arrived with the false bank details was dated 31st Aug 2016 at 13:52.
Expert:  Ben Jones replied 10 months ago.

Thank you. It is highly unlikely that you can hold them liable for this in the circumstances. There would have been no legal obligation on them to ensure that you had received the correct details before you made the payment. They sent you the correct details and as far as they are legally concerned this was all they had to do. They would not have been expected to chase you up after that and get you to confirm that you had received these details and double check exactly what they were.

In terms of claiming for their insurance, I would very much doubt that it would cover anything like this. After all it is not them that have suffered losses or caused losses to someone else through their actions. It would of course depend on what the policy covered them for but generally this is not what PLI is for.

Your only option against them would be if you can show that they had acted negligently in sending the email, when for example they knew that they could be compromised in such a way and took no reasonable steps to try and avoid that. Fraud is all around us so there needs to have been a specific threat, for example something similar must have happened to them before and they were on notice that I could happen again but took no steps to prevent it. That could be negligence. It is also the only potential way that you can hold them responsible, at least to an extent. The difficulty is proving all of this and if you are to make a claim, it would be for you to do so.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you

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