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Scam?

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  • gelato_cat
    gelato_cat Posts: 2,970 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 23 August 2024 at 11:04AM
    Thanks everyone for your comments.

    I've just spoken to my relative again, and asked him to look again at this thread which he says he has done.

    He is becoming concerned himself that it could potentially be a scam, but still feels that the document that he signed is legally binding.  He has emailed me with copies of the document with signed signature, but when I asked his permission to copy to the website he was unwilling.  It seems to refer to a company called Ernst and Lewis, with Fidelity as insurer.  I have to admit, it all looks legal.

    Some associate of the American woman is going to contact him again later today informing him how to pay!  It seems they want him to pay using some sort of transfer system, but he says he will only pay by credit card or some means which offers protection.

    I also mentioned about a 14 day get out clause, but apparently, according to the woman American law doesn't have this protection.

    He is going to contact us again later.
    What does he think will happen to him if he doesn't uphold his end of the agreement?  (Apart from not being given the promised £40k?)
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  • Aidanmc
    Aidanmc Posts: 1,346 Forumite
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    edited 23 August 2024 at 11:04AM
  • Reaper
    Reaper Posts: 7,354 Forumite
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    edited 23 August 2024 at 11:04AM

    He is becoming concerned himself that it could potentially be a scam, but still feels that the document that he signed is legally binding. 
    It's not. Even if USA law applies (which I doubt) contracts made where one side is misrepresenting the facts or is acting fraudulently then the contract is unenforceable. [link]

    I think everything that can be said has now been said. If this is not enough to convince him then nothing will.

  • AmityNeon
    AmityNeon Posts: 1,085 Forumite
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    edited 23 August 2024 at 11:04AM

    I've just spoken to my relative again, and asked him to look again at this thread which he says he has done.

    He is becoming concerned himself that it could potentially be a scam, but still feels that the document that he signed is legally binding. He has emailed me with copies of the document with signed signature, but when I asked his permission to copy to the website he was unwilling. It seems to refer to a company called Ernst and Lewis, with Fidelity as insurer. I have to admit, it all looks legal.

    Contracts are not enforceable if there is no genuine offer or proposal. Note that malicious use of AI can make scams look incredibly convincing.

    What your friend must do:

    • Block their phone numbers, email addresses and all other forms of contact.
    • Keep copies of all correspondence as evidence for future reference.
    • Report everything to Action Fraud immediately.
    • Try not to worry; scammers deliberately exploit vulnerability to increase pressure.

    In the astronomically unlikely event that this is indeed a genuine contract, any legitimate company would completely understand this reasonable course of action and would not attempt to enforce the contract litigiously (which involves legal costs). The involvement of Action Fraud (and potentially law enforcement) helps build a genuine case.

  • Rollinghome
    Rollinghome Posts: 2,731 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 14 August 2024 at 8:02PM
    It's a well-known scam, and anyone who bought privatisation shares will have been at risk because share certificates were issued and the buyers details were listed on the share register. I remember getting calls myself a long while back.
    The first priority should be to ensure that the money doesn't leave his bank. You could try to have him phone his bank for advice, just to confirm what you have told him, or better still, go into his bank to ask. Once they know there is a possibility of him passing money to fraudsters, then they will have a responsibility to take reasonable steps to prevent the fraud happening or be responsible for losses. If you know only the name of his bank, then I'd imagine that just a written notification would make it impossible to deny responsibility and so get their attention.
    It's those legal responsibilities now born by banks that are the reason for all those questions each time we try to make a large bank transfer. Scammers are ruthless, professional con-artists preying on anyone with a little hard-earned savings, and there's no shame in being caught by them.

  • agent69
    agent69 Posts: 360 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I'm curious about all the people saying it is an illegal contract that is not enforceable. Has anyone seen what was actually signed?

    I assume the misrepresentation will be what was verbally assured, and that the £40k return will not appear anywhere in writing.
  • Aidanmc
    Aidanmc Posts: 1,346 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 23 August 2024 at 11:04AM
    agent69 said:
    I'm curious about all the people saying it is an illegal contract that is not enforceable. Has anyone seen what was actually signed?

    I assume the misrepresentation will be what was verbally assured, and that the £40k return will not appear anywhere in writing.

    The OP has seen a copy of the form, but the relative did not want it posted here
    @[Deleted User] Surly if you relatives personal details on the form were hidden you could show us the form?
  • agent69
    agent69 Posts: 360 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    edited 23 August 2024 at 11:04AM
    Aidanmc said:
    agent69 said:
    I'm curious about all the people saying it is an illegal contract that is not enforceable. Has anyone seen what was actually signed?

    I assume the misrepresentation will be what was verbally assured, and that the £40k return will not appear anywhere in writing.

    The OP has seen a copy of the form, but the relative did not want it posted here
    @[Deleted User] Surly if you relatives personal details on the form were hidden you could show us the form?

    So all the people on here saying it is unenforceable have no idea what it says?
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