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    • It is important that you do the reading about this subject in the sub- forum. It's not complicated but you need to be in control and I don't think you are. For instance, much of the information you need and also the case transcripts that you're looking for are in the fixed topics at the top of this sub- forum but clearly you didn't know that. You will gain in confidence if you do the reading. Particularly as it now looks as if the mediation has not worked because EVRi have stayed you up and so you may now be going to trial. You need to understand thoroughly what you are doing. We will help you and you will find our support is unstinting but you have to do your part. Please spend a lot of time reading the stories on the sub- forum especially the pinned posts at the top of the sub- forum and then start preparing your court bundle. We have instructions here for everything
    • I have had a secondary thought.  I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale.  I'm not in control of the sale.  The lender won't agree to an order for sale.  The judge won't expedite it/ extract from trial.  Someone here on cag may or may not suggest I can apply for an order v the receiver?  But could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?
    • You left the PCN number showing, but no worries, I've redacted it. Euro Car parks are very well known to us.  I've just skimmed through the titles of the latest 100 cases we have with them (I gave up after 100) and, despite all their bluster and threats, in not one have they taken the Cagger to court. You stayed there for 2 hours &:45 minutes.  I'm guessing the limit is 2 hours and 30 minutes, right?  
    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
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Bank won't refund £900 based on Email fraud. Any come back?


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Hi All

 

Really appreciate your help on this.

 

I have googled and I don't think there is anything we can do, but thought I'd check here.

 

My mother had a quote for £2700 for some building work.

She Emailed the builder and he set a date to start work.

She had a reply saying it was confirmed etc.

They sent numerous communications.

 

Then she had a reply from the builder on a fake Email address that looked just like his asking for £900 payment to secure the date.

She checked his references etc and it all seemed okay.

 

2 weeks later the builder called her asking for payment to get the scaffolding started. Obviously she thought she had paid. She hadn't.

 

The bank investigated and the fraudulent account now has no money in it so they say she has lost it and it she was at fault.

 

I told her to ask the bank in writing how long the account was open,

how many frauds occurred and when was the first one.

 

I heard you can complain based on the bank not closing the fake account in a timely manner.

 

Anything else you would recommend?

 

Thanks

 

D

Edited by dx100uk
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This is a really curious story because apart from any other questions I have, I wonder how the fraudster knew that your mother was dealing with this particular builder and knew to produce an email identical to the builder's. I find myself uncharitable wondering whether the builder wasn't involved in some way.

 

Anyway, where an account is subject to fraudulent use of the card then the bank has a duty to refund the money immediately and without any questions and carry out the investigation later on. In practice, they disobey this rule and they cause lots of problems.

 

However your case is very different because here your mother went ahead and based on instruction which she received in an email which had nothing to do with the bank, she went ahead and made the transfer.

 

I can't really see that the bank is involved here.

I do agree that if the bank has been negligent in some way in allowing a fraudulent account to be set up then this is a matter of concern but I find it difficult to think that the bank are gonna put their hands up to this.

 

I'm afraid that your only course of action would be to begin a complaint with the bank and then eventually move your complaint to the ombudsman.

 

I expect the ombudsman will find in the bank's favour. It was the bank which held the fraudulent account the same one as the builders bank?

Edited by dx100uk
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Someone with good knowledge of IT security told me recently that people should be careful with any transaction online which is not properly secure. Email is not a very secure way of agreeing to a contract and organising any payment arrangement. The email details will be hacked and the content will be available to fra*udsters to pretend they are the contracting party wanting money transferred to them.

 

Never provide any information that is a security risk within an email. Presume that your email content can be read by people that will attempt to use it illegally.

 

And it is not just restricted to email either. There are people out there who can harvest your data from what you are looking at on your computer screens. Always make sure you have the latest computer security software and keep it updated. At home make sure any passwords for secure sites that you have written down are hidden somewhere safe.

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This is a really curious story because apart from any other questions I have, I wonder how the fraudster knew that your mother was dealing with this particular builder and knew to produce an email identical to the builder's. I find myself uncharitable wondering whether the builder wasn't involved in some way.

 

Anyway, where an account is subject to fraudulent use of the card then the bank has a duty to refund the money immediately and without any questions and carry out the investigation later on. In practice, they disobey this rule and they cause lots of problems.

 

However your case is very different because here your mother went ahead and based on instruction which she received in an email which had nothing to do with the bank, she went ahead and made the transfer.

 

I can't really see that the bank is involved here.

I do agree that if the bank has been negligent in some way in allowing a fraudulent account to be set up then this is a matter of concern but I find it difficult to think that the bank are gonna put their hands up to this.

 

I'm afraid that your only course of action would be to begin a complaint with the bank and then eventually move your complaint to the ombudsman.

 

I expect the ombudsman will find in the bank's favour. It was the bank which held the fraudulent account the same one as the builders bank?

 

Thanks. I don’t think there is much we can do. It’s actually a Common [problem]. I checked on line. Basically fraudsters look for builders Emails and know they’re not that tech savvy and payments is pretty basic. They then monitor the comms on that email and then jump in with a spoofed email half way through so you think you’re talking to the same person when it’s not.

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