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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
You say there is a CCJ, is that something you obtained after claiming against the customer?
Thank you. Whilst there is no direct legal obligation for you to do this, it is likely to be an argument under your common law duty of care – that you had a duty of care to notify your clients as soon as practicable about this, rather than just leaving it as it was. I do not doubt that a court would consider you had a duty of care to inform them if you were on notice that there was a scam. The next issue is how soon was it reasonably practicable for you to inform them. You say you had reasons that meant it was not reasonable to inform them exactly at the time when you found out so a court would look at what was a reasonable timeline for you to have informed them, such as the next day potentially. It all depends on the judge on the day to be honest and some may think that taking a couple of minutes that evening to send a very quick email advising them to hold off payment whilst you resolve this would not have been unreasonable. Others may agree that at that specific time it would not have been expected of you, but at the next opportunity you should have done so. I just don’t see a court saying that once you were on notice there was a scam and knowing that your customers would have likely received that email, you would have been allowed to do nothing to bring this to their attention. This is all under the common law duties under negligence, so whilst not a specific law, this duty can arise based on the circumstances.
Does this answer your question?
Agreed, but what I mentioned was that you were aware something untoward was probably happening so a quick 'hold your horses' email to customers not to pay you until you have tried to work out what was going on may have been expected of you. But as mentioned, there is no specific law requiring you to have done this, it all comes down to whether the court on the day decides this was a reasonable steps you should have taken and the opinion on this could differ. Does this clarify?
you are most welcome and all the best
Sorry just need to post a reply last as the system thinks you are still waiting for an answer