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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1505
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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My computer was hacked. A criminal assumed my identity,

Customer Question

My computer was hacked. A criminal assumed my identity, opened up a fraudulent bank account In my name hijacked my emails and sent my IFA a bank statement pretending to be me and asked that the withdrawal monies I had requested (31k) be directed to this new bank account
JA: The Fraud Examiner will know what to do. Is there anything else the Fraud Examiner should be aware of?
Customer: my IFA, having received the email from the criminal attached to which was the new ( fraudulent) bank statement and believing it to be me, passed the bank statement to the investment platform with instructions to execute the sale of investment funds from my Stock portfolio And transfer the cash to the new bank account
Submitted: 6 days ago.
Category: Law
Customer: replied 6 days ago.
who is at fault:
A) Me: for having allowed by computer to be hacked
B) my IFA for believing the email was from me and passing on the Fraudulent information to the the investment platform
C) the investment platform for accepting the IFA instruction to sell down and transfer the funds into this new bank account seemingly without any checks
D) the Bank who was duped by the criminal into opening a bank account in my name and then allowing the stolen funds to be deposited in it (and presumably transferred on elsewhere)
Expert:  Virtual-mod replied 6 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 6 days ago.
happy to wait thank you
Expert:  Ed Turner replied 6 days ago.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

I am considering my reply which I will post shortly.

Expert:  Ed Turner replied 6 days ago.

You have a cause of action in breach of contract and/or the tort of deceit (i.e. fraud and theft) against the fraudsters for eliciting monies from you by deception.

If your expected damages are under £10,000 and you do not make an express pleading of “Fraud”, you may issue court proceedings via the Government’s Small Claims Track Online System: https://www.gov.uk/make-money-claim. The issue fee will be no more than £410.00. A party cannot normally recover solicitors’ costs on the Small Claims Track. However, it is designed for non-lawyers (known as “Litigants In Person”). The trials are relatively informal, and the judges do not expect parties to have the same legal knowledge as experienced solicitors and barristers.

However, if your expected damages are between £10,000 and £25,000, the claim will be allocated to the Fast Track, and if damages are over £25,000, it will be allocated to the Multi Track.

If you plead Fraud on the Claim Form and Particulars of Claim, the Claim will automatically be allocated to the Multi Track regardless of its damages value.

The Fast Track and the Multi Track are much more formal and legally technical, and it is expected that both parties will instruct solicitors. The normal rule on the Fast and Multi Tracks is that the winning party (either at a Final Hearing, or through a negotiated settlement) can expect to receive most of their legal costs from the losing party.

If you make a pleading of Fraud and lose at Trial, you will have to pay the Defendants’ costs on the “Indemnity Basis” which means that you will essentially pay their Bill of Costs in full as served and filed without it being assessed by the Court for reasonableness and proportionality.

If your claim is worth over £10,000 and/or you are minded to plead Fraud in the Claim, I strongly recommend that you instruct specialist solicitors who are experts in commercial dispute resolution, financial crime and court litigation to advise you and conduct the litigation. If you cannot afford legal costs upfront, you should contact your home or business insurers and ask if they will cover your legal costs under a legal expenses insurance policy. They will either pay your solicitors’ fees or appoint a law firm on their panel of solicitors to act for you.

However, the potential defendants may be difficult to trace and may have moved your money to several other bank accounts outside of Western legal jurisdictions. I recommend that you report this matter to the UK Police’s online financial crime unit, Action Fraud, who may be able to assist: https://www.actionfraud.police.uk/. If Action Fraud are unable to trace the other parties, you must instruct your own financial crime investigators at your own cost.

Expert:  Ed Turner replied 6 days ago.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating to conclude this matter.

Kind regards

LawyerEd

Customer: replied 6 days ago.
Dear Ed
Many thanks for your response. I’d rather communicate in this manner than by telephone thank you.Given that the sum of money stolen from me by deceit was £30,000 , it seems from what you say that I should instruct specialist solicitors to act for me in the recovery of the monies. Based on the facts as I gave them in my initial post, can you please give me your opinion as to who is liable i.e.who will pay the compensation : my IFA ; the Investment Platform; or the Bank who allowed the criminal to open the account in my name and deposit the stolen funds.Thank you
Grant
Expert:  Ed Turner replied 6 days ago.

I agree that you need to instruct specialist financial crime solicitors.

I am delighted that I have resolved your enquiry.

Please give me a positive rating on the Portal to close this matter.

Kind regards

LawyerEd

Customer: replied 6 days ago.
Ed are you not able to answer my question ?
Expert:  Ed Turner replied 6 days ago.

Sorry, I misunderstood your last reply.

Expert:  Ed Turner replied 6 days ago.

Your caused of action in deceit will be against the criminal.

However, the IFA, Investment Platform and the Bank MAY have some liability in breach of contract negligence for allowing the fraudulent transaction to occur due to poor security measures.

Expert:  Ed Turner replied 4 hours ago.

Do you still need expert assistance in this matter?

Please revert to me if you require any clarification of my answer to your question and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating to conclude this matter.

Kind regards

LawyerEd