LETTER BEFORE ACTION
We act on behalf of The Sincura Group.
This letter is sent in accordance with the Civil Procedure Rules as formal notice of our client’s intention to commence legal proceedings against you in relation to funds obtained by you for Wimbledon tickets and associated hospitality packages which were never supplied.
Despite numerous opportunities to resolve this matter voluntarily, the outstanding balance remains unpaid.
Our client has now concluded its investigation and has assembled a substantial body of documentary evidence.
Unless full repayment is received immediately, proceedings will be issued without further notice.
BACKGROUND
Between relevant dates, you represented to our client that you were able to procure a number of Wimbledon hospitality packages and associated tickets.
In reliance upon those representations, our client transferred substantial funds to bank accounts nominated by you.
You subsequently confirmed our client’s order in writing as follows:
- 4 × Wimbledon Quarter Final tickets with Lawn Room hospitality;
- 6 × Wimbledon Semi Final tickets with Lawn Room hospitality;
- 2 × Wimbledon Final tickets with Lawn Room hospitality, including a speech;
- 4 × Wimbledon Final tickets with Rosewater Pavilion hospitality and Debenture Seats.
You further confirmed that the tickets would be transferred approximately 21 days before the event.
No tickets were ever supplied. To date, only £90 has been repaid.
OUR INVESTIGATION
During the course of our investigation we have identified numerous matters giving rise to serious concern.
You represented that these tickets had become available through your relationship with Macmillan Cancer Support following charitable work undertaken after your mother’s (S. Scott) cancer diagnosis.
Our client referred these representations to Macmillan Cancer Support for verification.
Macmillan Cancer Support have indicated they never heard of you, and you have never worked either for them or with them.
Should those representations prove to have been knowingly false when made, they will form part of the evidence relied upon in both civil proceedings and any criminal investigation.
You also represented that tickets were available through your relationship with the Lawn Tennis Association (“LTA”) and supplied correspondence purportedly from an individual named “Jeff”.
Subsequent investigation established that the email address relied upon used the domain lta.com, whereas official LTA correspondence is conducted using lta.org.uk email addresses.
The email format was also inconsistent with genuine LTA communications.
Our investigations indicate that the domain utilised is privately registered through Dynadot Privacy Service in California. Enquiries have been commenced to establish the origin and ownership of that domain and any associated email accounts.
You relied heavily upon your previous association with The Travel Group in order to establish credibility and persuade our client that these transactions were genuine.
You repeatedly represented that your relationship with that organisation remained in good standing and that your reputation with them provided reassurance that our client could rely upon your representations.
Our investigations subsequently established that your employment with The Travel Group had already been terminated before these events occurred. That information was never disclosed to our client.
You provided a number of different bank accounts into which payment was requested.
Following payment, at least one of those accounts was discovered to have been closed.
Appropriate enquiries have now been made with the relevant financial institutions regarding those accounts and the circumstances surrounding their operation and closure.
You issued invoices which failed to include a valid business address.
When requested to provide one, you supplied an address which appears not to have been capable of receiving correspondence directed to you.
The circumstances surrounding the invoices, together with the address provided, will also form part of the evidence relied upon by our client.
After it became apparent that no tickets existed, our client repeatedly sought repayment.
Over a period exceeding two months you provided numerous explanations, including:
- that funds had been transferred from Lithuanian bank accounts;
- that transfers had failed;
- that your bank had retained or lost the money;
- that refunds were imminent.
You supplied screenshots which purported to evidence transfers. Despite these repeated assurances, virtually none of the funds have been returned.
When asked to explain these inconsistencies, you instead requested a payment plan whilst simultaneously asserting that repayment had already been initiated. These explanations are mutually inconsistent and unsupported by any independent evidence.
LEGAL POSITION
Our client’s position is that it entered into these transactions in reliance upon representations made by you. Our investigations indicate that a number of those representations were false. Accordingly, our client reserves the right to pursue claims including, but not limited to:
- Breach of contract;
- Fraudulent misrepresentation;
- The tort of deceit;
- Recovery of money paid under false representations;
- Interest pursuant to section 69 of the County Courts Act 1984;
- Recovery of all legal costs where recoverable.
Furthermore, should the evidence demonstrate that false representations were knowingly made in order to obtain money, those matters may also amount to criminal offences under the Fraud Act 2006, including fraud by false representation (section 2).
It is for the appropriate law enforcement authorities—not this firm—to determine whether any criminal offences have been committed.
REPORTING TO AUTHORITIES
Our client has already commenced discussions with law enforcement and is preparing a comprehensive evidence bundle.
Evidence is also being collated for the relevant financial institutions, payment providers and any other authorities with jurisdiction to investigate the matters described above.
Our client will continue to cooperate fully with any investigation.
DEMAND
Unless payment in full of the outstanding balance is received within 7 days of the date of this letter, our instructions are to commence legal proceedings without further notice.
Those proceedings will seek:
- repayment of the principal debt;
- statutory interest;
- court fees;
- legal costs;
- and any further relief the Court considers appropriate.
Nothing in this letter should be taken as a complete statement of our client’s case, all of which is expressly reserved.
Legal Department
The Sincura Group