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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
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Defrauded by Bank Transfer by Nat West Customer


Shelley181146
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Firstly, if my post is in the wrong thread plese feel free to move appropriately and advise.

 

Now, I know that this is likely to touch a nerve with a few caggers but I'm like a dog with a bone so please bare with me.

 

My Nephew (for the purpose of this thread we'll call him John) was researching various traders for a vehicle and having previously been wary of [problem]mers, had successfully turned down previous vehicles because of suspicious activity on said websites.

However, unfortunately, he has fell fowl to a vehicle [problem] on Auto Trader (online) to the tune of £7000.

 

Now, please dont state the obvious,

he already realises how stupid he's been transferring the funds before seeing the vehicle

but the said vehicle was in London and he works long hours.

going on past transactions, he's purchased vehicles like this previously with no bother, and all has been ok.

 

On researching this topic I came across a similar fraud

https://www.consumeractiongroup.co.uk/forum/showthread.php?469945-Defrauded-by-bank-transfer-by-a-Barclay-s-customer-should-I-sue&highlight=fraud+[problem] and can relate to some of the information contained there in.

 

Action Fraud have been advised, reference etc provided.

Auto Trader advised, and during the conversation have advised us that the 'Seller/[problem]mer' had multiple vehicles 'for sale' and they have taken all adverts down because of suspicious activity.

 

Now, my thought is:

Wouldn't it have been better if Auto Trader could 'tweak' their website to make it look like the adverts were still live to the [problem]mer but not actually available to customers to prevent anyone else being caught out?

 

 

Whilst the police/fraud squad did there investigations and even visited said [problem]mer's home address (from the banks records) to retrieve as much money as possible? And even shut them down?

 

We've spoken to DVLA to alert them that certain registration number is involved but they naturally will only liaise with the fraud team/police.

 

We've spoken to Nat West and they won't divulge their policies and processes which they follow in these circumstances (even in a generalised scenario) but considering the vehicle was supposed to be in London the bank account is held in Leicester!

 

 

Which is not a stone throw away from the link above thread.

[problem]mers do not differentiate when it comes to obtaining funds by deception, a drone or a vehicle.......

 

So, moving this a little futher down the line, assuming the police apprehend culptits and retrieve assets through crime.

What happens to the cash recovered, property sold whether it be house, car, fancy watches etc?

Can the victims not lay claim to a portion of the recovered assets, even pro rata amounts? Where does this money go to?

 

I am in the process of drafting complaint letter up to the bank as like the cagger said above,

banks are not protecting its customers sufficiently via bank transfers and just blaming the customer.

 

 

The banks have a duty to apply due diligence when customers open new bank accounts and I dont think bank staff are trained sufficiently enough to spot fraudulent documents, they should have major training in spotting fraudulent documents and carry out further checks with relevant organisations before permitting funds to be released, and lets face it if you saw an account with transactions of transfer credits being received into an account of multiple thousands, several times a day, surely they can have flags on the software system to alert a fraud team?

 

Would anyone like to suggest how I could draft a template letter to the bank to complain in this regard? Or your thoughts please?

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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I think you'd be wasting your time. Banks rarely open accounts using fraudulent documents. They already have automated systems in place to monitor suspicious transactions.

 

What's more likely to have happened is that the account in question belongs to a legitimate customer who has had their online banking or debit card details compromised.

 

If the Police do recover the money you would get this back. However, the chances are slim as the funds are likely to have been transferred on or withdrawn as cash.

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