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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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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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