Unable to recover fraud money. HSBC

photome

Es493 wrote: »

I found out who it was as my card was used on a website, there after it was transferred into their own bank account.

Rather than post one liners, why not answer all the questions, only then will you get help

Kentish_Dave

OP, I’m out.

Some people you just can’t help.

I hope that you will learn something from this, but I suspect not. Why waste everyone’s time on here with your evasion and generally shifty manner?

I’m betting now that you were in on a scam and got bitten.

Es493

The police didn’t apply for a confiscation order, I rang the crown court and they said the police should of done it. The court told me to get in touch with the police, the police advised me to make a complaint as to why it wasn’t given. The company that was used is now requesting it as the “funds are frozen”.

Es493

It’s fairly easy to steal someone’s card details use a retailer to add funds to an account on their website then transfer the money to their own bank account��

[Deleted User]

Es493 wrote: »

It’s fairly easy to steal someone’s card details use a retailer to add funds to an account on their website then transfer the money to their own bank account��

You seem very clued up on the process

Pollycat

Kentish_Dave wrote: »

OP, I’m out.

Some people you just can’t help.

I hope that you will learn something from this, but I suspect not. Why waste everyone’s time on here with your evasion and generally shifty manner?

I’m betting now that you were in on a scam and got bitten.

How about the OP answer the very pertinent questions in post #22...
If they don't, can't or won't, I suggest everybody should declare themselves out. :cool:

k3lvc

Kentish_Dave wrote: »

I’m betting now that you were in on a scam and got bitten.

And I'm suspecting betting and scam are the optimum words here


I too am out

waamo

I suspect there is a lot more to this story. The op is very reluctant to give a full and frank account of the details.

In my experience it's often because the missing bits mean they will get answers they don't want to hear. So often people seem to want tea and sympathy rather than practical advice. It's almost as if being told they are a wronged innocent victim who is utterly blameless will solve all their problems.

So with that in mind op what happened was dreadful and you've been wronged by the system. There is a massive conspiracy to defraud you and the press are in on it. You can't beat the system but from now on sleep happy knowing you kicked back a little.

shaun_from_Africa

Es493 wrote: »

The police didn’t apply for a confiscation order, I rang the crown court and they said the police should of done it. The court told me to get in touch with the police, the police advised me to make a complaint as to why it wasn’t given. The company that was used is now requesting it as the “funds are frozen”.

The police don't apply for a compensation order. Think about it, how could they do this when there hasn't even been a trial, let alone someone being found guilty.
Compensation orders are something that is solely the responsibility of the court.

https://www.cps.gov.uk/legal-guidance/sentencing-ancillary-orders

Compensation orders are governed by sections 130 - 133 Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A), while section 40 (1) Magistrates' Courts Act (MCA) lays down the maximum amount a magistrates' court can order, currently £5,000 per charge (see section 133 PCC(S)A for the position on TICs). The Crown Court has unlimited powers, but should have regard to the means of the offender. While the court's powers are very widely drawn, the High Court has stated that compensation orders should only be made in simple straightforward cases.

https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/fines-and-financial-orders/compensation/1-introduction-to-compensation/

1. The court must consider making a compensation order in any case where personal injury, loss or damage has resulted from the offence. It can either be an ancillary order, or, a sentence in its own right (which does not not attract a victim surcharge). The court must give reasons if it decides not to order compensation (Powers of Criminal Courts (Sentencing) Act 2000, s.130).

4. Subject to consideration of the victim’s views (see paragraph 6 below), the court must order compensation wherever possible and should not have regard to the availability of other sources such as civil litigation or the Criminal Injuries Compensation Scheme. Any amount paid by an offender under a compensation order will generally be deducted from a subsequent civil award or payment under the Scheme to avoid double compensation.

As there is no way that we are being told the full story here, I'm also giving up.

Blackbeard_of_Perranporth

Es493 wrote: »

It’s fairly easy to steal someone’s card details use a retailer to add funds to an account on their website then transfer the money to their own bank account��

If it is that easy, we would either all be millionaires on other people’s misery, or the banking system would collapse!