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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15403
Experience:  Senior Associate Solicitor
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My query concerns an organisation that I have been dealing

Customer Question

My query concerns an organisation that I have been dealing with which was using a yahoo email and they have vanished with £36000 which they obtained on my behalf and their email address is no longer active. Money that I was scammed by a Professional Bitcoin trader from Bit-Holdings. The person Linda Grey from***@******.***, whom I paid all their costs who was handling the case is no longer in their employment. The case has been taken over by a new person who is demanding $6000 to be paid to release the funds. Since both Bit-Holdings and id.trading can't release funds who should I sue?
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by location.
Customer: I am in London
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: But I do not know***@******.*** are based?
Submitted: 9 days ago.
Category: Law
Expert:  JimLawyer replied 9 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 9 days ago.

I do not recommend you pay someone to "release the funds" - it's a red flag in my view and the previous scammer sold your data to another one (in all likelihood) who purports to be able to get your money back. Suing someone like that would be very difficult - you would need their full name and address, then you would need to enforce a civil court judgment (against a criminal) - they would not be bothered about civil court judgment, so there are other ways which should be explored.

You should not sue anyone as you will just lose more money.

I have checked and that trading company is not authorised according to the Financial Conduct Authority (the FCA). Neither is the trader/broker which you mentioned. They are not based in the UK and they are certainly not authorised to offer trading services to you as a UK citizen.

The law changed in 2020 and if they are to take your money as a UK citizen they must be authorised - to not obtain authorisation means they have acted illegally.

The first thing to do is to report this to the Police and to Action Fraud so that you can obtain a crime reference number.

The Action Fraud website where you can report the crime is here: Action Fraud

Once you have done that then see if your bank or credit card company can do a charge-back on the monies as a lot of these trading companies are not legitimate outfits. If you paid with a credit card you may be able to make a claim against the card provider under Section 75 of the Consumer Credit Act. If you paid by debit card then your bank may be subscribed to the consumer voluntary code to refund you if you have been scammed. The bank can charge-back up to 120 days from the date you sent money or paid money to a scammer, or from the date you first noticed the problem.

In future my advice is to check whether the trading company and the broker are FCA-regulated first of all to ensure they are legitimate. You can check here : https://register.fca.org.uk

The FCA website has a list of regulated companies and brokers so this would be worth checking. If you prefer to speak to the FCA then they can be reached on 0800(###) ###-####

If there is no record, I would urge caution and do not give them your personal details, nor any money. The reason being if they are unregulated, there is nothing the FCA can do and in all likelihood the company is based abroad so suing them would be difficult if you wanted your money back. Most of these companies also ask for the initial £250 up front and tempt you to add more funds only for them to become non-responsive when you ask to withdraw.

There are a few companies who can claim to retrieve monies taken by a scammer but in reality they are also scams - the first scammer sells your data to another scammer. Once a scammer has the money it would be very difficult to sue them (most of them being based abroad) and even if you obtained a CCJ against them, enforcing it is another matter.

You can try any of these regulated law firms to see if they can recover the money for you, which can include pursuing a private prosecution against the wrongdoer:

They should be able to help you with a no win no fee agreement so that you do not have to pay anything up front to them. These are regulated law firms in the UK.

Expert:  JimLawyer replied 9 days ago.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Expert:  JimLawyer replied 9 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 9 days ago.
Are you aware of my topic?
Expert:  JimLawyer replied 9 days ago.

Yes, you lost money to a trading company which has no authorisation to operate in the UK.
Did you see my answer?
Thanks

Expert:  JimLawyer replied 9 days ago.

I'm happy to clarify my answer for you if that helps. Many thanks