Customer subject to email scam/push payment fraud now refusing to pay me

[Poppy0913]

Hi,
I undertook a job for a customer and sent her an email with the invoice attached. She received an email which looked like it originated from my email address less than 12 hours later telling her to send the payment to different bank details, she did so and has since refused to pay my invoice and is blaming me saying my emails must have been hacked. What is my legal position please?

[ostell]

It is her email that has been hacked. The scammers monitoring her computer saw your email coming in and sent an email with your address as the sender. Technically easy to do. She was the one at fault, especially with all the warnings around about exactly this sort of scam.

She remains liable to pay you for goods received. Letter reminding her that she is liable for the cost. Then letter before claim stating that if payment is not received within 14 days then you will issue a claim for the amount. No response then issue a claim.

Start getting registered with MCOL so that you can raise a claim

[Poppy0913]

Thank you for the reply, that's really helpful. Even if it was my email that had been hacked (I don't think it is) would she still be liable?

[ostell]

Yes.

That's why when I set up a new payment I always send a nominal tenner first as a check.

[jaguarsuk]

Yes.

That's why when I set up a new payment I always send a nominal tenner first as a check.

I'm a cheap skate I always send 1p.

[Amethyst]

Maybe, as she has been victim of a scam, you could give her a link to https://www.fca.org.uk/news/press-re...-payment-fraud

Has she forwarded you a copy of the email she received with the replacement bank details on?

Doesn't affect that she does still owe you payment for the invoice.

[Poppy0913]

Thank you feeling a bit more confident now that it's worth the extra expense/hassle of pursuing a small claims action, really cannot afford to lose so much money

[ostell]

The cost of the claim is recoverable from the person you are claiming against.

Before you start the court claim you have to give her a chance to pay. Letters asking for payment must be sent and a record of them being sent recorded. Certificate of Posting from a post office should be sufficient.