Fraud / scam victim advice required

[SandyD]

I have been a victim of fraud, please do offer advice if you can, here is what happened:


I had some work done to my house by a builder I knew for years, I exchanged several emails with this builder over the years on the same email re estimates and invoices, etc. The work was completed and final invoice was issued by the builder about 4 weeks ago, only I noted no payment method was on the invoice, so I sent him a reply email asking how should I pay it?

A couple of days passed, then he sent me email reply with account where I should pay, name of account same as his business name. I didn’t pay immediately.

The next morning I had some horrible news, my brother suddenly passed away overseas, I had to fly in the afternoon, but that morning after panic of booking my flight later, I got a chaser email regarding paying the invoice, so decided to transfer the money via bank transfer as I wasn’t sure when I will be back, I was feeling awful about my brother, and so worried my mum may collapse upon hearing the news. I sent a Whatsapp to the builder saying I paid him and if he can confirm, he sent a Whatsapp back thanking me, saying he is in Portugal now. I didn’t realise he didn’t check the money received or not, he just said thanks for paying, however I got an email from his account confirming payment received.


3 or 4?days after, while am abroad I got a strange email from the builder ( exactly same email we have been using for years) saying that the while he is in Portugal he’d been mugged and desperately needs me to transfer some money to help him out... I got suspicious, why would he send me that? Why not call his grown up son who is also a builder?? I managed to get hold of one of his relatives number and called them.... short of it I realised the Builder’s email was hacked and I was sent fake emails from him, the actual invoice was from the builder, but the reply with account details , confirmation of payment was from fraudster !!

I reported it to my bank and to the net office online, the bank said as I made a transfer myself, they have no responsibility apart from informing the receiving bank , if funds were still there they may retrieve it, but as expected, funds were already cleared!

The builder also being very defensive now, saying none of this is his fault, even though his own email was hacked, he says he can’t see these emails that were sent to me from him in his sent box or my replies in his inbox, but I have copies of them all.

Any advice where I can go next? Who I can speak to?

[fiisch]

Sorry to hear about your brother and an awful turn of events - obviously not what you needed after such a horrible event.

Firstly, get it reported to Action Fraud - Action Fraud - if you haven't already done so.

Secondly, is your bank in this list? - Banks to pay victims of fraud after GBP145m was lost in '''push payment''' scams in first half of 2018

I've been fighting 10.5 months to recover money I lost to fraud, transactions that were PIN verified so the bank initially refused liability.

However, simply because you authorised the transfer is not sufficient in itself to make you liable.

I would raise a formal complaint with the bank - if it was a large amount involved, should they have done more to validate the payment before authorising?

Ultimately my complaint went to the Financial Ombudsman, who eventually found in my favour, but it was a long, painful process. One factor that did go in my favour which I don't think applies here was that three cards were involved, but only one continually paid out huge sums to the fraudsters. Is there anything that would suggest your bank has been negligent in granting this transfer without additional verification (if indeed they didn't)? Was the amount out of character for your usual spending? Was the money being transferred to an overseas account, again out of character for your normal pattern of behaviour?

There's a lot of media interest in fraud at the moment - my suggestion is to make as much noise as possible. Best of luck.

[ATFC]

Sorry to hear that.
You need to speak to the police ASAP - they will probably refer you to action fraud.
I worked for a business in the past that fell victim to a similar type of fraud.

[northernladuk]

Sounds like your buder is up to his neck I this one. Nothing makes sense and the timing is far too good in all of it. If the hacker has his mail and says his in Portugal how did you get confirmation of the same via WhatsApp? Could be scammer saw he was I Portugal from his mails I guess.

All far too convenient. Report the builder for Fraud. If he didn't do it he will be able to prove it but my money is on him.

[mudskipper]

NLUK may well have a point. But assuming the story is true -

Check the email headers. If the emails really did come from his account (rather than someone spoofing his address) it seems that the security failing is on his part.

[SandyD]

Thanks for the reply fiisch, I will report to action fraud, I only reported to bank and met police.

Yes my bank I the list.

The only thing that was out of behaviour is the fact that this was a prepaid card, and believe overseas...
will make complaint to financial ombudsman!

[Lance]

At the moment the facts are.

1) You had some work done
2) You paid as per requested by the builder (to the best of your knowledge)
3) the builder is now saying you haven't paid
4) you have evidence that you paid as requested


IMO you are not a victim of fraud... yet.....

The builder is the victim of fraud. Or may be the fraudster.
Don't pay him any more money. Let him start the legal proceedings on you. You've paid as requested.

[SandyD]

Fraud / scam victim advice required

NLUK, thing is I know this builder for years, he also lives on the same street, and has done a lot of work for me in the past.
For sure I think his account got hacked, but I too was surprised as the hacker knew a lot of information about him, and they knew he was in Portugal!!! But I don’t think he is the fraudster at all, he is a victim too, but he is very defensive and refusing to take any responsibility

[original PM]

NLUK, thing is I know this builder for years, he also lives on the same street, and has done a lot of work for me in the past.
For sure I think his account got hacked, but I too was surprised as the hacker knew a lot of information about him, and they knew he was in Portugal!!! But I don’t think he is the fraudster at all, he is a victim too, but he is very defensive and refusing to take any responsibility

Just because you know him it does not mean you can trust him.

You need to treat this like a business transaction - do not let it be personal.

[SandyD]

At the moment the facts are.

1) You had some work done
2) You paid as per requested by the builder (to the best of your knowledge)
3) the builder is now saying you haven't paid
4) you have evidence that you paid as requested


IMO you are not a victim of fraud... yet.....

The builder is the victim of fraud. Or may be the fraudster.
Don't pay him any more money. Let him start the legal proceedings on you. You've paid as requested.

I sort of agree, I will raise a compliment with the ombudsman, however I won’t pay the builder.., he is not demanding any money from me yet, in fact he didn’t contact me at all, his sister is a fraud investigator and giving him advice to his benefit ( I.e all this nothing to do with him)
He even said it’s not clear if it’s his email or mine that got hacked !!! Am not sure how he thinks that? When I sent him copies images of the emails I got from him, also confirmation of payment received!