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Jean-Yves Gilg

Editor, Solicitors Journal

Criminal calling

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Criminal calling

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The criminal mind knows no bounds and will attempt to scam people even over the telephone, especially the elderly

I work at a law firm in Stratford-upon-Avon, in leafy Warwickshire,
far away from the world of gritty, inner city crime. It turns out though, that we're a hotbed of scams, with
36 courier frauds attempted in April
this year. One of the victims was
a 90 year old man.

My mother (herself a resident in Leamington Spa) has been receiving suspicious telephone calls from BT, asking for all sorts of personal information. We also have a client who is clearly on a list of share scheme scammers who are telephoning him daily with their, 'once in a lifetime' offers.

I have previously written about scams and ways to protect older and more vulnerable clients, but there is still a strong message that needs to be put out about the skill and sophistication of these schemes.

AgeUK undertook a survey recently that showed 53 per cent of people aged 65 and over believe they have been targeted by fraudsters, and that's just the people who are willing to admit a fraud has been attempted.

Do not underestimate how ashamed victims of these crimes can feel, and how difficult it is for them to admit they have been taken advantage of.

Who's to be trusted?

One of the things I find myself telling clients is that they shouldn't give out bank details over the telephone, unless they are absolutely sure about who is on the other end of the line. And they should never, ever tell anyone their PIN. Of course, having merrily given this advice out, I asked my secretary to telephone a beneficiary who had emailed their bank details to me.

I wanted to pay their legacy out and they had missed a digit off the account number. As my secretary then commented, how is the beneficiary going to know that we are the trustworthy sort of strangers they can give bank details to, as opposed to the predatory criminal sort?

In this age of instant everything, there is something to be said for the use of snail mail rather than phone and email communications. He could also be advised to end the call, then look our number up and call us back (leaving at least five minutes for the line to clear) in order to be sure we are genuine.

My mother, to her credit, was suspicious enough about the calls she was receiving to call BT back on the helpline number, on the back of her most recent bill. She was advised that one of the calls she had received was legitimate, but that there was no record of her having been contacted on the other four occasions.

Mum is now using caller ID and letting 1571 pick up a lot of calls that come through, which she then returns if it is someone she wants to speak to. She is, I admit, a lady with a strong personality, local family and no qualms about asking people who they are and, where she can, speak to their supervisor. Someone with reduced capacity,
who trusts authority, is more likely to fall victim.

The client who is receiving share sale calls is proving a little more difficult to help. He was a very able investor, but old age and a terminal illness have blunted his acumen. He remains very independent though, and likes receiving the calls. He enjoys the feeling that he is negotiating a deal and conducting business.

I'm currently arranging some meetings for him with local IFAs who could work with him to manage a small portfolio, and make some sales and purchases all within a secure and regulated framework.

I'm hopeful that this will work out and in the interim, the callers I'm able to uncover information on are referred to the Telephone Preference Service, the Information Commissioners Office and the Financial Conduct Authority. 

Sofia Tayton is a partner and head of care and capacity at Lodders Solicitors

She writes the regular in-practice article on care and capacity for Private Client Adviser