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GabrielP428
GabrielP428, Solicitor
Category: Law
Satisfied Customers: 447
Experience:  Expert
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Can I take a bank to court where I have been defrauded and

Customer Question

Can I take a bank to court where I have been defrauded and tell the receiving to supply me details of the recipient but due to data protection act they would refuse in that case can I take them to court as they are part of the fraud
JA: Where are you? It matters because laws vary by location.
Customer: i am in england
JA: What steps have you taken so far?
Customer: I am waiting for my response bank and I am just looking at what the law is in protecting me because it seem they would quote data protection act
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: none
Submitted: 5 days ago.
Category: Law
Expert:  GabrielP428 replied 5 days ago.

Hi, my name is***** am a solicitor in England and Wales with 9 years of experience and have worked in the legal sector since 2008.

This service is not instant, so please note that I cannot always reply immediately due to other work commitments. I look forward to helping you with your legal problem.

If you would like a call to discuss this further, please let me know

A call is a premium service that includes an extra charge.

Expert:  GabrielP428 replied 5 days ago.

Hi, has the bank contributed to the fraud in any way?

Expert:  GabrielP428 replied 4 days ago.

Hi, I have limited information. I will provide an answer which I hope will be helpful to you.

  1. If you think the bank has acted negligently in any way, you may be able to recover your money from them.  
  2. -I would send them a letter first to notify them of your intention to issue court proceedings and give them a chance to settle without the need for legal action.
  3. -If that doesn't work, I would send them a formal letter before claim (you can use the template below or find other templates online)
  4. -If they ignore the letters, you can start a small money claim online against them. This can be done at: https://www.moneyclaim.gov.uk/web/mcol/welcome.
  5. -This link has some helpful information https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/
  6. The process is user-friendly and relatively easy. 


You can use this letter as a template:


LETTER BEFORE ACTION

Dear Sirs,

Re: Claim for (insert sum)

I refer to the above matter. (Insert details of the dispute).

This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraph 7 of the Protocol, and paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

I therefore put you on notice of my intention to issue county court proceedings against your company for my losses should I not receive payment in full by 4 pm on (insert date 14 calendar days).

Should court proceedings be necessary I will claim the court issue fee and statutory interest. Should I succeed in obtaining a judgment, the same will be transferred to the High Court for enforcement against you whereby further costs will be added to the judgment sum.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)

Expert:  GabrielP428 replied 4 days ago.

Thank you so much for using Just Answer. If you have further questions, please feel free to ask them in this thread.

If you have other questions, you can open a new thread and mark it for my attention (GabrielP428) or choose me in the subject heading as your preferred expert from your membership page.