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I work for a construction company and have encountered an…

Customer Question
I work for a...

I work for a construction company and have encountered an incident where the Developer had opened and set up new accounts under the Builders name without the Builders authorisation.

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

The Developer is now refusing to communicate with the Builder and acknowledge the fraud VIC

Lawyer's Assistant: What steps have you taken so far?

So far, we have made several failed attempts to contact the developer. I have contact the energy retailer, who has sent through the original application forms confirming the forged signatures and and placed the accounts on hold

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This developer has also forged cheques, though I will be taking this up with the police today

Submitted: 3 months ago.Category: Australia Law
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Answered in 5 minutes by:
3/18/2018
Solicitor: John Melis, Lawyer replied 3 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,126
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Solicitor: John Melis, Lawyer replied 3 months ago

do you have the supporting evidence for this incident ?

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Customer reply replied 3 months ago
Regarding the application to services accounts tied in with the Development, the Builder is only obligated to make the necessary connections and the Developer listed as the account holder and responsible for charges. The Developer opened the accounts under the Builders name and forged the Builders signature on the applications. I had the service provider email the handwritten applications through. At this stage, I have only the Gas accounts but still waiting for the Electric to arrive.
Customer reply replied 3 months ago
I also have forged cheques, copies forwarded from the bank.
Solicitor: John Melis, Lawyer replied 3 months ago

if you have forged cheques, this will be sufficient to raise a claim of fraud.

I have extended a special offer to talk on the phone, please look, it will help you.

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Customer reply replied 3 months ago
The signature he used on all the documents have been copied from an old signature featured on the Builders drivers license, which has since evolved to look different. We know where he copied the signature from.
Solicitor: John Melis, Lawyer replied 3 months ago

on the basis that you hold the cheques this will be sufficient to raise a claim of fraud

I have extended a special offer to talk on the phone, please look, it will help you.

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Customer reply replied 3 months ago
I have already contacted a solicitor regarding the fraudulent cheques. I am visiting the police station today to make a report regarding the cheques, however I would like the accounts to be transferred over to the Developer's name and was told to contact the OMBUSDMAN. I would like advice on how to move forward with this issue.The account is placed on hold with the retailer, though I would like to know what would be the next step.
Customer reply replied 3 months ago
I was transferred to this chat as I thought this would lead me to an application
Customer reply replied 3 months ago
Or this chat only for legal advice?
Solicitor: John Melis, Lawyer replied 3 months ago

You are speaking with a lawyer.

Where you want to raise a claim of fraud you may bring a claim under the Crimes Act 1958, under sections 82, Obtaining financial advantage by deception, section 83 False Accounting, section 83A Falsification of documents, and section 85 False statements by company directors.

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Solicitor: John Melis, Lawyer replied 3 months ago

does this answer your important question today ?

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Customer reply replied 3 months ago
Not quite, I think I was misdirected. I have already received legal advice and only wanted to lodge a complaint through the ombudsman. and wanted information on procedure, so that I may inform the retailers and possibly extend the hold on the account. ..
Solicitor: John Melis, Lawyer replied 3 months ago

yes you can lodge a complaint through the financial services ombudsman, also ACCC and Consumer Affairs, however you need to be careful to avoid a counter claim of defamation being raised.

I have extended a special offer to talk on the phone, please look, it will help you.

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Customer reply replied 3 months ago
Thank you for your time, however I believe I was misdirected.
Solicitor: John Melis, Lawyer replied 3 months ago

Have I answered your question today ?

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Customer reply replied 3 months ago
Not quite.
Solicitor: John Melis, Lawyer replied 3 months ago

do you want me to write a letter for you of complaint ?

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Customer reply replied 3 months ago
No thank you. I think I would like to end the chat
Solicitor: John Melis, Lawyer replied 3 months ago

ok

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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