Advice after being scammed

iamsobroke

I'd like some advice about where I stand after falling victim to a nifty email scam.

I've been having some building works done recently, and dealing with my builder primarily through email. They've sent their invoices and payment details through email, and I've been paying as we've gone along and letting them know via email that their payments have gone through, and that's worked without issue.

Until today.

I had my final invoice through last week, and let the builder know that I'd pay it as soon as everything was fully signed off on by building control, and exchanged a few more emails with them since that time. Everything went through with building control on Monday, so I emailed the builder to say that I was ready to pay, but received a response saying to hold off a short while because they had recently changed banks, and were going to send a follow up email with the new details.

Sure enough that follow up details arrived and I paid up per the details but, and I'm sure you can see this bit coming, I got a call today from the builder saying that they'd received no payment. I asked if they'd checked their new account, and before the words had even been spoken I knew I was about to be told "...our account details haven't changed".

One thing that rang extra alarm bells before I signed off with the builder and rushed to ring my bank was them telling me that the same thing had happened before to other customers thanks to their email account being hacked...

My question, then, is where I stand when it comes to getting my money back. My bank has contacted the receiving bank to put a stop on the funds in case they're still in that account, but I think the chances of that being the case are slim to nonexistent.

I know that part of the culpability here is my own (though in my defence the context and timing made the scam extremely convincing - same email address sending responses to emails I had previously sent, same tone of voice, same style of greeting and sign off in the emails, etc.), so my questions really are: to what extent is the builder liable, especially considering their emails have been compromised in the same way before and they don't seem to have taken steps to avoid the issue and they certainly didn't flag it with me as a customer as something to be aware of; and to what extent are the receiving bank (Barclays, from the sort code) culpable given that they have what is very likely a criminal on their books?

Looking forward to any responses, though it has to be said without too much hope.

realaledrinker

Sounds like its the builder's e-mail account that's been hacked not that its much help to you. If indeed they have had earlier instances of this, then they are negligent in the extreme in continuing to use that e-mail account and to continue to request payment in that way. Have you reported this to the police?

iamsobroke

realaledrinker wrote: »

Sounds like its the builder's e-mail account that's been hacked not that its much help to you. If indeed they have had earlier instances of this, then they are negligent in the extreme in continuing to use that e-mail account and to continue to request payment in that way.

That matches my thoughts on it all, but I don't know where that leaves me in legal terms. They've definitely been negligent, but that's a moot point if, as far as the law's concerned, the builder still has an outstanding bill and I'm on the hook to pay it. Again.

My leaning would be towards not paying and getting the builder to sort it out through their insurance or by taking up their own claim with the police (which they should do regardless given that someone has been deep into their Hotmail account), but I don't know if that would leave me in legal danger.

realaledrinker wrote: »

Have you reported this to the police?

Yep, they were the second call after the bank.

Missus_Hyde

Oh dear, sorry to read this.

Unfortunately it’s a fairly well known scam; always worth checking with your builder before you pay, if they email that their bank account details have changed.

I would suggest you report this to the police, although frankly I doubt they will be able to do anything about it. Also notify Action Fraud as they may be able to help and advise you.

I do hope you will be able to retrieve some or all of the money you paid, but I fear that the trail may be cold; these scumbag scammers move quickly to empty the account once the money is received by them.

karlie88

If they're all the facts, then you haven't done anything wrong.

The builder is at fault here. I wouldn't pay any further money.

You've reported it to the bank and police - not much more you can do on that front.

Just a side thought - the email you received stating the builder's 'new' account details - was that email address identical in every single character? Including (if applicable), all dots, underscores, com/co.uk etc.?

In the meantime, if the bank do reimburse the money, then I'd give the builder a cheque, minus a fee (that you feel happy with) and advise them to change their email password, along with the email's security questions/answers.

Ideally, they need to create/use a new email address.

If they were a decent company, then they would also inform existing customers that their names, addresses, email addresses etc may have been obtained by 3rd party criminals.

Good luck.

Nick_C

I don't think the builder is in any way at fault.

This is a well known scam that has affected both businesses and individuals.

Your builders' email account may not have been hacked. It is more likely that emails between you and your builder were read by a third party.

Emails are not normally secure. They are generally unencrypted and pass through several servers between the sender and recipient. This is why banks and other responsible companies tell you not to include sensitive financial information in emails, and use Secure Messaging systems.

karlie88

Nick_C wrote: »

I don't think the builder is in any way at fault.

But the OP said:

the same thing had happened before to other customers thanks to their email account being hacked...

If that's true, then it's the builder at fault (IMO).

iamsobroke

karlie88 wrote: »

Just a side thought - the email you received stating the builder's 'new' account details - was that email address identical in every single character? Including (if applicable), all dots, underscores, com/co.uk etc.?

Absolutely identical, yep. I even went to the bother of putting the addresses through a string comparison tool in case they'd used non-Western alphabets or anything in the address as I've seen that kind of thing before.

tempus_fugit

karlie88 wrote: »

But the OP said:



If that's true, then it's the builder at fault (IMO).

As Nick_C said, it's unlikely that the builders' account was actually hacked. Emails can be easily intercepted and that is why it should not be used as a secure medium for things like this. Always check by phone with anyone you are about to send large sums of money to, to make sure that the bank details are correct before doing so.

18cc

I know it is of no use to you by saying this but just in case anybody reads this post then you should never rely on email for anything secure I mean never I can't emphasize this a lot never never never email is totally insecure don't trust it an inch

Carrot007

iamsobroke wrote: »

Absolutely identical, yep. I even went to the bother of putting the addresses through a string comparison tool in case they'd used non-Western alphabets or anything in the address as I've seen that kind of thing before.

You did that but you did not take the reasonable steps of ringing the builder. Emailis insecure. The address could have been spoofed. Though someone would have had to know a lot about your works to do it.

It is unlikely emails were intercepted it does not work that way. (unless the builder uses random wifi).

So this is someone that either knows the builder or you.

Not that that helps you.

The builder could be more at fault if they were negligable but without proof of who is then it is unfair to penalise the builder. If you don't pay expect him to stop work and main a claim.

As it looks it is you who have been scammed not him (without further proof).

Checking the full email headers for evidence of spoofing is a start.