Fraudulent Travel Agency- Small Claims

[Deleted User]

jamesbund said:

[Deleted User] said:

I think you are going to have to accept some of the blame here. Any reasonable person would have questioned why the payment needed to be made to a) a foreign account and b) a personal account rather than a corporate one. 
Did your bank not contact you to verify the transaction? Should really have tripped their fraud prevention system.

The problem you are going to have is proving that they were negligent. With Small Claims Court you don't get to demand evidence from them, and they will only supply stuff that shows they did their due diligence.

Do you have legal assistance on your home insurance? Have you contacted Action Fraud, for all the good it will do?

Of course, I am not proud to be a victim of a scam and you are right that I should have questioned it but considering their reputation and an official email (did check if it was spoofed before transfer) and urgency to book the ticket when the agent offered a limited timed discounted flight ticket as prices do tend to go off the roof during December.

My bank did not contact me and just so you be aware bank account verification system does not always guaranteed to work even within U.K transfers.

The problem you are going to have is proving that they were negligent. With Small Claims Court you don't get to demand evidence from them, and they will only supply stuff that shows they did their due diligence.

What could possibility be their counter argument ? 
After several phone calls,they gave me a quote in writing and demanded payment through their official email and following which I was presented with  booking reference which I can verify and manage booking on the Airlines website, although now that booking has been cancelled.

As far as I can see contract was formed and they have not honored their side of contract!

If their ex-employee allegedly acted maliciously don't think any business can penalize their customers in this day and age without any  accountability on their side.

I have registered this with Action Fraud already and I do not have any legal assistance.

Thanks

Applying pressure with "limited time" deals is a classic scammer move. At least you know now.

Your only real hope here is the Vicarious Liability angle, which will require you to show that the person was working for them at the time. Have they admitted that he was an employee on the date it happened, in writing?

You could try doing a Data Subject Access Request (DSAR) to see what they have, it might turn up something and costs nothing.

jamesbund

Applying pressure with "limited time" deals is a classic scammer move. At least you know now.

Your only real hope here is the Vicarious Liability angle, which will require you to show that the person was working for them at the time. Have they admitted that he was an employee on the date it happened, in writing?

You could try doing a Data Subject Access Request (DSAR) to see what they have, it might turn up something and costs nothing.

They have not admitted in writing but the email trails clearly is between the company and myself which should suffice, i would have thought!
The initial contact was also made to their phone number displayed on their website but I cannot prove that unless I obtain that information from SAR, as you suggested.

I am hoping they get back to me before the Pre action Protocol deadline.

onashoestring

jamesbund said:

Since, I have not received the ticket as per agreement,  I went to query the issue with the agency in November 2021.

Their response was that the employee or travel agent who booked the ticket for me was a scammer and he is no longer working for the company and the Bank details provided on the email was also his personal account as opposed to the Company.

If you have this in writing (letter or e-Mail) this  is the evidence  that proves that they accept that this was their employee -