It can happen that you've paid for an apartment in London, only to discover later that you've been misled. Perhaps the apartment doesn't exist, the landlord is unreachable, or it turns out to be a scam. In such cases, there are legal steps you can take to get your money back and prevent further damage.
What are false pretenses?
False pretenses means that someone has misled you into making a payment by providing false information or deliberately concealing information. This is punishable under Article 326 of the Dutch Criminal Code and can lead to civil or criminal proceedings.
What can you do if you have been scammed?
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Contact your bank immediately
- Inform your bank about the situation and ask if the payment can be reversed (chargeback). This is possible if you paid by credit card.
- With a bank transfer it is more difficult to realize a chargeback, but report it as soon as possible.
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Report fraud
- File a report with the Dutch police, even if the scammer is located abroad. The police can forward your report to the authorities in the United Kingdom.
- Collect all evidence, such as emails, advertisements, receipts, and screenshots of communications.
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Report the fraud to international authorities
- Contact international fraud organisations, such as Action Fraud UK (the UK fraud reporting centre).
- Report the fraud to your bank and to organizations such as the Fraud Help Desk in the Netherlands.
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Check if you are insured
- Some travel insurance policies or banking products cover fraud when booking accommodations. Check your policy or contact your insurer.
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Consider legal action
- Consult a lawyer to determine whether you can take civil legal action against the scammer. In some cases, you can pursue damages through the courts.
- For international matters, a specialist lawyer in cross-border law can be useful.
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Report to rental platforms
- If you booked the apartment through a platform like Airbnb or Booking.com, report the scam to them. They often have customer protection programs.
How can you prevent scams in the future?
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Check the provider
- Search for reviews or experiences from others about the landlord or the apartment.
- Verify that the apartment actually exists via Google Maps or another reliable source.
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Pay via secure methods
- Use platforms with an escrow service (where payment is only released after you have received the property).
- Avoid direct transfers to foreign bank accounts without any guarantees.
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Be alert for red flags
- Low prices that seem too good to be true.
- Landlords who rush payment or avoid communicating through official channels.
What does the law say?
According to Article 6:162 of the Dutch Civil Code, you can recover damages in the Netherlands from a party that has acted unlawfully. Furthermore, fraud is punishable under Article 326 of the Dutch Criminal Code. In cross-border cases, identifying the fraudster can be complex, but the law offers opportunities through international cooperation.
Conclusion
If you've made a payment for a London apartment under false pretenses, acting quickly is crucial. Contact your bank, file a police report, and report the fraud to the relevant authorities. While recovery isn't always guaranteed, taking the right steps can increase your chances and prevent recurrence.
