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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50160
Experience:  Qualified Solicitor
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A client owed me some money I emailed them as normal requesting

Customer Question

A client owed me some money I emailed them as normal requesting payment when not received I called them they said they had paid it turns out my email address was hacked and the received an email asking me to pay into a different account the money has gone bank and police not willing to help
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello do you know who hacked your email address and what have the police said about this so far?
Customer: replied 2 years ago.
Hi the police put us into action fraud I made a joint complaint with my client they said they may or may not investigate and will let us know. Within 28 days but wasn't promising I don't know who hacked it we do have the account number and sort code when the client made payment she did put our company name on it
Expert:  Ben Jones replied 2 years ago.
Thank you. The issue here is that you do not know who the party you sent the money to is. You may have a bank account but the banks will not release the holder's details due to strict data protection rules. It does not matter if you were the victim of fraud or not, it is not the bank’s duty to determine if that is the case and even if it was it does not absolve them from their duties to keep the account details confidential.
They may be forced to disclose these details by the police if they decide to take the matter further but that is where the next issue lies – you cannot force the police to resolve this on your behalf. All you can do is report it to them but how far they take it and if they actually go as far as contacting the bank for the beneficiary’s details is something only they can decide. So this is now very much in the hands of the fraud squad you have contacted. You have to wait and see if their investigations manage to uncover anything and if they are willing to take further action. If they advise you that they cannot take it further then I am afraid that your options become rather limited because you cannot take legal action to recover the money if you do not know who the person it was sent to is. Without these details, which as mentioned can only realistically be obtained via the police, you cannot pursue the fraudsters.
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
Customer: replied 2 years ago.
Hi where do I stand with the client are they still obliged to repay me
Expert:  Ben Jones replied 2 years ago.
Technically yes because you have still not received the money they owe you, even if they thought they had sent it to you. So the earlier advice will apply more to them as to what they can do to retrieve that money. You can still take direct action against the client if needed. Hope this clarifies.
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.