QLD Recovering a Bank Transfer from a Scam - Recourse?

Discussion in 'Defamation Law Forum' started by Jmac, 15 May 2018.

  1. Jmac

    Jmac Member

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    I sent a bank transfer for $2500.00 for a private purchase through Gumtree, and then suspecting it might be a scam, I called my bank (3hrs later). I was told the payment had already been processed (Commbank to NAB), therefore I applied for a search and recover.

    I also called the receivers bank the next morning (to no avail), and lodged a police report. My bank has advised me the fund recovery was unsuccessful because “NAB bank has declined our request to return the funds to the Commonwealth bank” suggesting the receiver has denied the fraud.

    I received the seller’s name, phone number, address, and bank details during the purchase, all of which are most likely fake, besides the BSB and Account. I think the next step might be to proceed to small claims court, but how do I claim against someone who has provided fake ID?

    The police basically advised I report the scam through ACORN, which I have already done, but I am yet to receive any assistance or response.

    Any help is appreciated.
     
  2. Rod

    Rod Well-Known Member
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    Make a claim with the details you have then subpoena bank records to uncover the real name. ID is supposed to be shown when setting up bank accounts but Ids can be faked.

    BTW, include IP address of whoever accessed the account. It may be possible to track an id through an ISP. Also you hopefully have the phone number of the person from Gumtree so you can subpoena telco information this way as well. But you have to do both these through an order of the court.

    It may be if no id was obtained by NAB then NAB may be responsible for your loss, but cross that bridge later when you have more facts.
     
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