consumers Archieven - Hupkes cs advocaten

ABNAMRO broadens compensation for spoofing fraud

ABNAMRO Bank has just announced that it will also compensate customers for damage caused by spoofing fraud in specific cases of "gross negligence". Until now, this bank has been stricter in assessing fees requested than the other banks. In spoofing fraud, a scammer takes possession of a victim's bank balance by calling the bank's unique number, giving the scammer the confidence that it is a real bank employee who is calling. Spoofing is technically still [...]

Hupkes advocaten2023-10-10T17:12:33+01:0013 January 2022|Duty of Care Banks, Fraud & Deception|

Three new rulings CFD brokers Cyprus

On May 24, we wrote in a blog that the first ruling has been handed down in a case against a CFD broker from Cyprus. In the meantime, 3 judgments have been added, in which the court has also ruled in favor of the duped investor. The verdicts make it clear that victims of CFD brokers stand a chance in court. District Court of the Northern Netherlands, location Groningen In the verdict of May 19, [...]

Hupkes advocaten2022-08-17T17:46:46+01:0020 September 2021|Contracts for Difference (CFD Providers), Investment Fraud & Boiler Rooms|

First ruling CFDs: EUR 807,600 in damages

A Cypriot CFD broker must repay €807,600 from the District Court of Noord-Holland. The court ruled that there were "unfair commercial practices". This is the first ruling in a series of proceedings pending before various courts in the Netherlands against CFD brokers from Cyprus. In total, this involves damage of more than € 12 million. Most victims say that they came into contact with the investment products from Cyprus through a "fake ad" with a [...]

Hupkes advocaten2022-08-17T17:50:17+01:009 May 2021|Contracts for Difference (CFD Providers), Investment Fraud & Boiler Rooms|

Counter-procedures CFD brokers stranded

A counter-offensive by the providers of CFD products has been halted. The judge in Cyprus refuses permission to take Dutch consumers to court. fake ads These are providers of contracts for difference (CFDs) from Cyprus who sell these investment products through fake advertisements about bitcoins and famous people. Last year, several Dutch courts declared themselves competent to hear cases against these parties. The stake is now more than € 8,000,000. Which judge? The CFD brokers [...]

Hupkes advocaten2022-08-17T17:50:47+01:0020 April 2021|Contracts for Difference (CFD Providers), Investment Fraud & Boiler Rooms|

Developments in the lawsuits against the CFD brokers from Cyprus

Lawsuits are pending in various Dutch courts against sellers of CFDs (contracts for difference) from Cyprus. Victims have lost a lot of money, with peaks of up to 800,000 euros. Most victims say they ended up at the CFD brokers through a fake advertisement with a well-known Dutch person. What are the developments in these lawsuits?

Hupkes advocaten2023-09-08T11:03:54+01:0021 July 2020|Contracts for Difference (CFD Providers)|

Victims of fake advertisements can litigate in the Netherlands

The Limburg court has declared itself competent in a case of a victim of fake advertisements against the seller of CFD products from Cyprus. The provider stated that the victim was a professional investor and had to go to Cyprus for the lawsuit. The court disagrees.

Hupkes advocaten2022-08-17T17:53:29+01:006 June 2020|Contracts for Difference (CFD Providers), Judgments|

What is a boiler room?

A boiler room is a criminal organization that extorts money from people through fake investments. Boilerrooms disappear after a while and the loot is often hard to find after that. Method There is not one typical method for this criminal activity. Many boiler rooms approach their victims by telephone and persuade them to invest via a website. This website can give access to a (fake) account where the victim is led to believe that his [...]

Hupkes advocaten2022-08-17T17:57:24+01:0029 September 2019|Duty of Care Banks, Investment Fraud & Boiler Rooms, Terminology, Unlawful Act|

Does a bank have a duty of care towards third parties?

When you think of a duty of care of banks, you think in the first place of the customers. But the duty of care can also relate to third parties. For example, a customer of the bank can be a swindler, who uses the checking account to receive deposits from victims, after which that money is funneled away. Can you sue the bank for the damage? Is the bank expected to monitor suspicious transactions from its own customers to protect non-customer third parties?

Hupkes advocaten2022-08-17T17:58:46+01:003 May 2019|Duty of Care Banks, Liability, Unlawful Act|

How to recognize investment fraud

Suppose you are called to start investing and it seems like something to you. You look at the website and it looks good. You can start with a low amount and your investments will go well. You get a call again, and you're tempted to make some more. But you still have doubts, because the company is abroad and you wonder if it isn't too good to be true. How do you recognize whether you may be dealing with a "boiler room"? In this article we give 9 tips on how to spot an unreliable investment website. Investment fraud is common. It happens to both novice investors and experienced investors who embark on an adventure with CFDs (contracts for difference) and Forex products. These are our tips!

Hupkes advocaten2024-03-20T12:14:52+01:008 April 2019|Cryptocurrencies, How To, Investment Fraud & Boiler Rooms|

Transaction monitoring: more fraud claims for banks?

ING has been fined by the Public Prosecution Service because the bank does not act properly against money launderers. Criminals who transfer money through ING are not dealt with properly by the bank. There are many developments in the field of money laundering, mainly due to new technological possibilities. De Nederlandsche Bank (DNB) not only supervises the stability, but – in keeping with the spirit of the times – also the integrity of the financial [...]

Hupkes advocaten2022-08-19T11:32:06+01:0015 September 2018|Duty of Care Banks, Fraud & Deception, Investment Fraud & Boiler Rooms, Liability, Unlawful Act|

Is attachment at the expense of an unknown counterparty possible?

In scams, the perpetrator likes to stay out of the picture. Banks allow scammers to open a bank account with an unclear name so that the identity of the account holder is unclear. Can the bank account still be seized then, although in a court proceeding you have to know who the other party is?

Hupkes advocaten2022-08-19T11:33:22+01:0012 August 2018|Fraud & Deception, Preservatieve Attachment, Unlawful Act|

Can the neighbor build on his garden?

A sunny garden in the city is enjoyable. Others prefer more living space: they want to build up their garden. That's bad,news for the neighbor who prefers sunlight and daylight. Is such an extension unlawful and can you stop the construction through the courts? How will the courts decide, what is the role of the zoning plan, and does the architectural value of the building complex count?

Hupkes advocaten2022-08-19T11:41:57+01:0014 February 2018|Unlawful Act|

Tackling a scammer (part 2): compensation

We have received many positive responses to our article on tackling scammers dated April 2, 2016. Most of the responses came from people who have been victims of a scammer. We also received many questions about the legal means that a lawyer can use to recover the damage from a scammer. The article was about tackling scammers through civil courts. Words like “fraud” and “fraud” are not in the Civil Code. So what are the tools we use to recover money from a scammer in a lawsuit? In this article we give a look into our kitchen. This is how we work if we summon a scammer and arrange compensation for you.

Hupkes advocaten2022-08-19T11:51:42+01:0012 May 2016|Fraud & Deception, How To, Unlawful Act|

Scammed. How do you deal with a scammer?

It is always advisable to report the scammer. Scams just don't have the highest priority. Violent cases, murder and burglary often receive more attention. Moreover, investigative work in fraud and fraud cases takes a lot of manpower and time; scammers often work smart. So you should not have too high expectations of detecting and prosecuting scammers. Moreover, and that is what this article is about, recovering the embezzled money or claiming damages is not the job of the police. You need to see a lawyer for that.

Hupkes advocaten2022-08-19T11:53:51+01:002 April 2016|Fraud & Deception, How To, Unlawful Act|