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  • FIRST POST
    • ConcernedConsumer1254
    • By ConcernedConsumer1254 18th Jun 17, 6:13 PM
    • 1Posts
    • 0Thanks
    ConcernedConsumer1254
    Loss due to invoice fraud
    • #1
    • 18th Jun 17, 6:13 PM
    Loss due to invoice fraud 18th Jun 17 at 6:13 PM
    Hello everyone, I'm a first time poster long time reader and I'd really appreciate some advice here on a fraud that I was a victim of and what if anything I can do from here. Apologies in advance for the long post...

    About a month ago I had a new bathroom fitted, I was and still am very happy with the actual work done, but there was an identity fraud committed during the payment process, where a scammer had gained access to the plumbing companies email account and issued me with a fraudulent invoice.

    As I was expecting the invoice to come from the plumbing company (and the email did come direct from the companies email account, using their headers, etc and was for the expected amount) I paid the invoice via a bank transfer and was none the wiser until a second (and this time genuine) invoice came through after the weekend.

    It seems that the scammer knew exactly when my job had been finished and was able to time the invoice at the exact right time. The sum lost was over £6,000.

    Obviously I reported the fraud immediately to my bank and to the police and action fraud, and I have since paid half the sum again to the plumbing company to allow them to pay their staff, this time I paid in person.

    I don't feel that I'm 100% responsible for the loss of the sum, and would like the plumbing company to take their share of the loss (I think 50/50 is fair personally) in the event that the banks and the police are unable to retrieve the funds. I have spoken to the plumbing company several times and in our last conversation, where I paid them £3,000, I asked them to consider what part of the loss they feel they can absorb. I've so far had no further contact but I'm anticipating a phone call soon asking for the rest of their money.

    If I were to pay the next £3k then in effect that puts the entire fraud loss on me. So, if I were to refuse to pay that and argue that the company should be taking some share in the loss, is there any grounds or legal recourse that I could point to to backup my position?

    I don't expect the company to take the whole loss any more that I want to take the whole loss, I just want them to be fair and accept some responsibility for not protecting the access to the email systems. Can I argue with them from any legal standpoint, perhaps around data protection (where they have failed to protect my personal data) or anything like that? They are a small local company, so they won't have much money either and have staff to pay of course. I don't want them to suffer, I just want things to be fair.

    Thanks for any advice you can offer.
Page 2
    • Maverick192
    • By Maverick192 19th Jun 17, 8:24 PM
    • 5 Posts
    • 1 Thanks
    Maverick192
    I'm the OP - I just managed to gain access back to my original account here, as you can see I've lurked around for 8 years but this was my first post!!

    Anyway, I just wanted to say thanks to everyone who has replied in the thread so far. I agree that the company are the victim of the fraud as much, if not more so, than me.

    I don't want them to take the entire hit though (they are just a small family business, it's as hard for them as it is for me to lose £6k!) so I don't really want to play hardball with them, maybe that's me being soft, I don't know, it just seems fair to me if we each take partial accountability.

    I will however try the hardball approach with the receiving bank (I'm aware that my bank has technically done nothing wrong since I authorised the transfer), as I think they have let a bank account either be opened fraudulently (i.e. with a fake name that was incorrect) or allowed a genuine account to be used for fraud. I intend on taking that complaint as far as I can go and won't have any worries at all about demanding that a huge organisation like a bank should protect customers from fraudulent activity by preventing fraud or by preventing the opening of fraudulent accounts.

    As was said above, I should have checked the bank details first, although in this instance I fear I would have probably just emailed them to make sure that they got their pound, which of course the fraudster would likely reply to anyway. I was absolutely convinced about the authenticity of the account since I'd been dealing with with via email since the early quote stages and through all the decisions up to when they arrived on site. However, from now on I will always use credit cards with bank transfers as a last resort (and even then only done with the telephone call and one pound payment suggested above).
    Last edited by Maverick192; 19-06-2017 at 8:30 PM.
    • hollydays
    • By hollydays 19th Jun 17, 8:41 PM
    • 15,188 Posts
    • 10,981 Thanks
    hollydays
    I signed up to emails from the police alert system and this was one of the frauds they warned about in recent months
    • angryparcel
    • By angryparcel 19th Jun 17, 9:10 PM
    • 910 Posts
    • 516 Thanks
    angryparcel

    I will however try the hardball approach with the receiving bank (I'm aware that my bank has technically done nothing wrong since I authorised the transfer), as I think they have let a bank account either be opened fraudulently (i.e. with a fake name that was incorrect) or allowed a genuine account to be used for fraud.
    Originally posted by Maverick192
    Do you know the receiving bank as a lot of these account are overseas, so UK and EU laws are powerless
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