internet scammed

[Rice crispy]

Looking for a bit of non elan advice.

I paid for a second had fish tank light a couple of weeks ago from a guy on a forum that hasn't arrived. Seller says that it was returned the first time as they couldnt find me which is possible as I live down an unmarked track. He keeps promising to send again but doesn't , yesterday he agreed to refund me but I've not seen the money in my account yet. The forum will ban him if he doesn't send the light or refund me but is there any way I can get my money back ? Its £127 so I'm not sure if its worth a small claims action ? Or even if I could do that? I sent the money by bank transfer (lesson learned) so can't claim that way. I don't have his address to visit either. Suspect I'm up a creek with no paddle
Thanks
David

[Jeemy]

PM sent

[Rice crispy]

Cheers mate just replied

[ailwyn]

If you've got the bank details I would suggest contacting your bank and his, and when they do nothing walk to the police station... explain what has happened and request they provide his address (try your best to get a crime ref no at least then any police processes will have to be followed).... hopefully somewhere along the way the seller will hear of your enquiries and it will spur him into action, if not you can probably kiss goodbye to it....

[dapinky]

Hi David,

From your explanation, it seems like a straight-forward enough scenario.....

...You order goods, you pay for goods - nowt arrives.....
...You contact seller, he agrees you have paid (or at least, he nevr queries it), and item was returned to him...

...Job done - he agrees he has your money and your goods - evidence complete (hopefully you have got access to the messages between you).

It is the next bit which gives options...

in the 'real world' we all accept such things happen, and the offer to re-send etc etc is acceptable. When nowt happens we ask for a refund - again nowt happens.

Okay, so we have a lot on our (your?) side here. Firstly, the 'seller' accepts that you have paid, and not received your goods (Bank transfers are obviously recorded), he offers a refund (which is an admission of failure of sorts), and it never arrives (again, EBT records are in your favour).

The options I would consider (in no particular order) are:-

1) Ask for a refund by a certain date.
2) Small-claims court
3) Old Bill
4) write it off

I presume you are now fed up with trying, hence you make this post, so (1) is out of the way....
(2) - lots of hassle - and you need a few things to go your way (but may become worthwhile in a bit).
(4) - bugger-it, why should you!
so I'd go with (3).....

I can assure you that the local Police will probably be less than thrilled at the thought of this report landing on their desk, but every so often you find a copper who thrives on such things and takes it as a personal challenge to win - either way, despite what they may (at first) say, it IS a Police matter.

As an insider secret (which isn't really a secret, and I'm no longer 'inside' ), Police haven't got enough time/people/money to investigate everything, so they try and palm-off some things, and tell you it's a civil dispute.

In the olden days (pre-2006!) this case may well have fallen into such a category as 'Deception' needed to have an admission of 'thought/intention' to prove...

...but since the Fraud Act came out, it is now enough to show that an act or ommission by one person has cost another one something - Simples!

As he hasn't disputed the facts, he is (at this stage) extremely suspicious of commiting Section 2 Fraud - as such, the police have a duty to investigate it.

(as Ailwyn said - get a crime reference number at the police station - even if they say they can't do anything, ask for it to be recorded - they have to!)

The next stage is that there will be an anguement as to who should investigate it - I assume it isn't a local seller or it would have been collected???? - so the matter will go to the Police force where he lives (probably). Maybe the local guys will give him a call to try and encourage him to pay up quickly, but they'll probably just pass it along.

It will take a few days to transfer, then someone from whatever police force gets it will be in touch, and give you their reference number (which may well be different).

It might just be a case of the copper 'having a word' with the seller, which gets your money back with no further action.

If it doesn't happen like that, then it CAN lead to his arrest/interview for Fraud, and maybe a charge to the Magistrates Court. If it goes that way, then the Court will make a compensation order in your favour. These cannot be easily enforced, but make a great base for a civil claim.


This is a bit of a 'worst-case' scenario, and rarely gets that far (but the theory is the same for any Fraud offence) - I would expect a quick call from the Police to resolve the matter fairly quickly with the cash back into your bank, or at least, a specifed timescale for it to happen.

[Nickydee]

Looking for a bit of non elan advice.

I paid for a second had fish tank light a couple of weeks ago from a guy on a forum that hasn't arrived. Seller says that it was returned the first time as they couldnt find me which is possible as I live down an unmarked track. He keeps promising to send again but doesn't , yesterday he agreed to refund me but I've not seen the money in my account yet.d

Perhaps give him a few days to arange this. Assuming hes a private seller surely its resonable to give him let say up to a week to arrange a refund. I for one due to family and work pressures might leave something like this to the weekend and for the same resaon might explain why he has not been keen to resend. After if he is geninue its not his fault that the courier couldnt find your property and he has also the hassle of selling the item elsewhere.

[Rice crispy]

Guys,
Thanks very much for the information, I will give a message stating goods or money by Friday and if not pay the local station a visit and log it.

I've waited nearly 2 weeks for him to resend with no response and no proof he did send it first time. He hasn't disputed that he has the money either.

David

[Rice crispy]

Finally got my money back today thanks for the advice