Ask a Scots Law Question, Get an Answer ASAP!
Hi, this is Jim, thank you very much for the question - I will resolve this for you today.
They are wrong in trying to pin blame on you for non-payment. It was their invoice which was subject to fraud, by a scammer changing the account details. The issue is at their end - how can a court penalise you for paying an invoice which was prima facie legitimate. Yes, it may affect matters if you do not pay, but at the same time why should you if the vulnerability for fraud was at their end?. I certainly don't think they would win a small claim if they decided to issue one. If they do issue a claim, they will serve a claim form on you, and the court will include a response pack to let you respond to the claim - you should defend it in full in my view. It would take well in excess of 6 months for the court to decide this case - but as I say, having dealt with similar claims, the courts are highly unlikely to penalise you for this. The reply to the claimant should be that their claim will fail and that if they choose to sue, you will defend the claim. You can point out the unfortunately situation for them, but then their fraud measures should now be improved so they do not fall victim to this again.
I hope this helps - please feel free to ask me anything else.
Have a good day,Jim
Yes, I would think they are trying to scare you - you are the innocent party here - their invoice was intercepted. They should have contacted you over the phone to confirm the bank details before paying - I think this situation will prompt them to do that in future.
Hi Linda, they should not have sent you a Word document - it can be edited easily - whereas a PDF document cannot be. My view is that this is entirely their fault, not yours. For a sum like that, to change a Word document to something more secure is a no-brainer and anyone can do it. There is really no excuse for them, and now they are threatening court proceedings.
No problem, thanks and have a nice evening.