Vendor impersonated me, advice needed please!

[Cosmocraving]

Hi,

I posted this on the welcome board yesterday but didn’t get many responses so think this may be the most appropriate forum to post this under as it relates to a house purchase and fraud. I wanted to ask people’s advice as I am dumbfounded on what was uncovered on Friday relating to a purchase of a house I am buying.

On weds my conveyancing company updated my online case with ‘call from client’ detailing that ‘I’ had called wanting an update and to discuss my case.

I saw this message later in the day and immediately sent a message saying I had not called. I then called the conveyancer and was told that someone using my name had called them and answered the security questions (line of the address, property price). I explained that this was not me and I was alarmed that this had happened. We suspected the estate agent but agreed to additional questions to be asked.

On Friday morning, whilst in a meeting, I received another message stating ‘Call from client’ asking to speak directly to the director about my case and stating that they were going to ring back in 20mins to speak to him. I again quickly messaged stating this was not me. I rang my conveyancing company again and requested to speak to someone senior as someone was impersonating me.

Following an investigation by my conveyancer we now believe that it was indeed the vendor for the property I am buying. I now have 3 voice recordings and her solicitor states that while he cannot make a direct accusation it does sound like her - she is denying this.

Before listening to the recordings I assumed that she was probably frustrated with the situation and trying to find out more.

However, listening to the recordings it is more deceitful than that for example... they (the sellers) have agreed to put in place a chancel policy and my conveyancer on the phone to her states that we need to see a copy of this which is when she says ‘can this not be dealt with on completion do we really need to see evidence’. Which makes me think they weren’t going to do it.

Another example is the roads are not adopted as it is a relatively new estate and my conveyancer states we need section xxx and she says ‘well I’m not worried about that my sister lives nearby so I know its not a problem’.

There are numerous examples like that where she is clearly trying to steer them away from doing anything more. She keeps telling them that we have agreed to exchange this week (I hadn’t agreed anything) and keeps referring to things being hurried along.

I am in shock and not really sure what to do now, by giving her opinion as ‘mine’ she is trying to influence my conveyancers for her own gain. Not sure what I do now, I have been advised by others to contact the police but not sure if this is appropriate. Any advice would be appreciated. Thanks in advance.

[des8]

So you have a number of problems here:
1) impersonating you (possibly in a forlorn hope that the deal can be speeded up)

Not a lot you can do about that, unless you want to get an injunction ordering her not to do it again.
That is probably not worth the effort as you and your conveyancer are aware of her actions. but might not be in a position to prove it is she.

2)your other problems regard the conveyance, so don't give way to her demands and make sure everything is in place before you exchange contracts.
Make sure your conveyancer is aware of this by instructing him in writing (keep copy of letter and send 1st class with free certificate of posting)
If he is contacted on the phone by you (or someone purporting to be you) he could ring back to confirm.

Very unlikely the police will take any action as IMO it is doubtful if there is any criminal offence. It would be difficult to prove fraud as there is no obvious attempt to obtain money, goods or a service

[seduraed]

go and see your conveyancer in person. Set up a dual password system. So that if you ring you have give a password before the call procedes and if they ring ring you they have to give a different password.
this means that the seller will fail security and cant get thdetails from the estate agent who doesn't have them. Straightforward security.

[jaguarsuk]

Very unlikely the police will take any action as IMO it is doubtful if there is any criminal offence. It would be difficult to prove fraud as there is no obvious attempt to obtain money, goods or a service

I'd respectfully disagree with you here, if she is allowed to complete without providing the items your solicitor has asked her solicitor to provide through impersonating you, the vendor is attempting to obtain money by deception and in doing so committing the offence of fraud.

Whether it's worth contacting the Police is another matter, we know they have limited resources at the moment and you haven't lost anything, perhaps better to chalk it up to experience.

You could potentially also report the company to the Information Commissioners Office as there has been a breach of data security and they have a duty to have robust security measures in place. You actually wouldn't get anything from this, they'd get a fine and have to fix their ways. I can't see how they can argue street address and value of sale is robust security, I could probably get that sort of information from Google if I could be bothered to put the effort in.

As mentioned above, tighten the security procedure you operate with them and perhaps make a formal complaint, which might get you some sort of compensatory reduction in your fees.

Above all make sure you check and double check the vendor provides everything request before exchanging contracts, she's clearly up to something.

[des8]

I'd respectfully disagree with you here, if she is allowed to complete without providing the items your solicitor has asked her solicitor to provide through impersonating you, the vendor is attempting to obtain money by deception and in doing so committing the offence of fraud.
.

I chose my words carefully and said it is "doubtful" and it would be "difficult to prove" which applies at this stage. If she had been successful and the sale had been completed it would be a different matter.