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  #41  
Old 23.05.2011, 01:30
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Re: law advice on possible stolen money

If this was a fraud, the guy won't even respond to you anymore as he have no reason to do so, that's rule #1 in online fraud.

Second, if he insists to goto court, that means he's sure of what he is saying, cause otherwise he will be reliable for court fees, which doesn't make sense.

Third, you said you have his phone number and address, did you verify it is actually a phone operator number and not a skype phone number....though i would suspect that's the case based on the first point.

I'm almost sure there's some problem between your and his bank that no one can spot till now, i would say you contact his bank, explain the situation and tell them you got this fax via your bank confirming payment received but the account holder denies he received any money from you and if they can contact him to confirm the money was received, i would say have all communication in writing to have official proofs if situation gets complicated.

Good luck
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  #42  
Old 23.05.2011, 09:54
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Re: law advice on possible stolen money

You simply need to take him to the small claims court, he's calling your bluff and all you need to do is show him that you're not bluffing!

Anyway from what you said I don't see anything to say that you have sent him registered post, this is a must before you start the small claims thing, having worked with this before, you will need to send a registered letter and wait for a reply 14 days, if no reply you send a letter of intent and wait another 14 days or so before submitting a claim.

It's a long process and you might not get your money, the only thing that might be the deciding factor is his ebay feedback... in fact what is his ebay username???

Good luck with the claim!

TLD
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  #43  
Old 23.05.2011, 10:49
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Re: law advice on possible stolen money

To me this smells like a bank F up.

I don't understand the attitude of the seller, unless he was certain that he had not received the money.

However he should be far more helpful in trying to hunt it down from his side. Perhaps concentrate on the sellers bank than court right now.

If you can prove that PF sent the cash, then the seller must also do his half and find out what has happened.

Did you check all the bank details? Have PF correctly actioned the request? Correct bank a/c branch etc?
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  #44  
Old 23.05.2011, 11:05
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Re: law advice on possible stolen money

Just a point for the possible small claims court. They will ask to see a copy of the agreement (contract) . When you agreed to buy the item from the seller were the payment terms ..... upon receipt of the money he shall send the object by post ..... or was it upon payment of the money, the object would be sent by post etc ?
because the difference will mean whether you can win your case or not.
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  #45  
Old 23.05.2011, 11:31
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Re: law advice on possible stolen money

blimey, a lot of angry people on this thread, step back and think about it for a minute, if the guys a scammer then

a) he wouldn't be replying to you
b) would have terrible ebay feedback
c) wouldn't give a toss if you file a claim against him in the small claims court

somewhere on another forum someone is asking advise about a mad guy in switzerland claiming he sent money for a radio, and a bunch of wolves are telling him to tell the guy to go f**k himself.

so just assume for a second that this guy is genuine, you have now (in his eyes) not sent the money, cost him ebay fees, threatened him, and asked to see his bank statements, I'd be telling you where to go too!!

if he's a scammer your stuffed anyway, uk police wont give a toss (sorry hard fact of life) courts may find in your favour but nothing will happen, he wont pay and then its back to the police, who wont give a toss (been there, done that, got the t-shirt)

the uk bank will tell you nothing, data protection.

triple check with your bank that the money went, and there where no issues, and try to build some bridges with the seller

never, NEVER buy something outside of ebay, your just asking for trouble
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  #46  
Old 23.05.2011, 12:05
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Re: law advice on possible stolen money

I think an impasse has been reached and the OP has done all he can do prior to taking legal action. I am suspicious that the seller isn't banging on the doors of his bank for his money having been given the transfer details. I'll fall off the fence and say he appears to be bluffing and not acting like an innocent party would.

A simple 'raising' of the stakes and bringing this to the small claims court will force the issue of evidence and bypass all the email bravado, as I said before, it will tell us where the money is or isn't.
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  #47  
Old 23.05.2011, 12:31
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Re: law advice on possible stolen money

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I am suspicious that the seller isn't banging on the doors of his bank for his money having been given the transfer details. I'll fall off the fence and say he appears to be bluffing and not acting like an innocent party would.
To be fair, in his position, I wouldn't be going to any great effort either.

I still have the goods, so I'm not out of pocket.

I have bank statements showing nothing was received, so even if it goes to small claims court, I don't see how I can lose.

The usual verbal/informally written contract in these cases is "when the money clears in my account then I'll send you the goods". If the guy hasn't received the money then he's not breaching anything.

He could be a little more helpful, but he's not obliged to be.

My money is on the banks screwing up, or the wrong account number has been given at some point along the line.

I feel for the OP and I hope it gets sorted, but antagonising the seller isn't going to help.
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Old 23.05.2011, 13:30
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Re: law advice on possible stolen money

hi bigblue2

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somewhere on another forum someone is asking advise about a mad guy in switzerland claiming he sent money for a radio, and a bunch of wolves are telling him to tell the guy to go f**k himself.
I think no one here is at that stake yet, I still trust the guy even though he's not helping.. today i asked postfinance to double check with Santander and they said they will help me. I will write down a letter and put it on the mail today, trying to build "bridges with the beneficiary".. It will be long i know, but i have nothing more to loose than time, and for this i have enough. As i understand i should wait for 14 days after starting the small claims process(?).

I will like to give you his ebay number but prefer not to do it publicly at this point. But if someone reading this thread knows someone in the UK who could help me go about, I will appreciate it and will be willing to pay for it.

Last edited by fkdstm; 23.05.2011 at 13:45.
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  #49  
Old 23.05.2011, 13:40
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Re: law advice on possible stolen money

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When you agreed to buy the item from the seller were the payment terms ..... upon receipt of the money he shall send the object by post ..... or was it upon payment of the money, the object would be sent by post etc ?
This was perhaps our most clear agreement, in bold his words:

How do you intend to pay? If you have a PayPal account I’II send you a money request.

I want to make a bank transfer, if i pay extra fees it will be on your side in 12h. have done this many times before and is more trustful than paypal that has gave me problems in the past.
plus i need to link my credit card to the paypal account and im not sure how much time that can take, I usually use paypal for things that are less than 200euros worth.

Once I receive the funds I’II withdraw the item from ebay and post it out

then, he said this:


If you have any problems with the transfer please let me know, can you also let me know when the funds have been transferred ?

As for your questions the receiver will be insured and sent via FEDEX, I don’t have a call sign as I've always been a listener but it’s something I’m seriously thinking of doing.


I will now end the auction and as soon as I receive the payment I’II send the unit out


and one more:

I've removed the radio from ebay because we have a deal and I trust in what your saying. Let me know when the money has been transfered and I'II post the radio out



I needed the radio quick and since he sent me more pics, gave me his home address and i could confirm by phone it was a real one, plus double checked few times with postfinance his account i decided to take the risk.. as said i needed the radio.

Hope this helps a bit more to clarify the situation, this was around april 24, I paid on the 26 and the fax that came from Santander says the money reached the beneficiary on the 27th.
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  #50  
Old 23.05.2011, 14:24
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Re: law advice on possible stolen money

If I were the seller I'd be very keen to show a copy of my statement. I can't see why he wouldn't unless the money was actually there.
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  #51  
Old 23.05.2011, 14:37
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Re: law advice on possible stolen money

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I've removed the radio from ebay because we have a deal and I trust in what your saying. Let me know when the money has been transfered and I'II post the radio out
....

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  #52  
Old 23.05.2011, 18:07
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Re: law advice on possible stolen money

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If I were the seller I'd be very keen to show a copy of my statement. I can't see why he wouldn't unless the money was actually there.

you would show a total stranger, in another country, a copy of one of your bank statements??? are you totally mad?????

more then enough info for them to have a pretty good stab at accessing your account.
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  #53  
Old 23.05.2011, 18:12
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Re: law advice on possible stolen money

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you would show a total stranger, in another country, a copy of one of your bank statements??? are you totally mad?????

more then enough info for them to have a pretty good stab at accessing your account.
You know because of photoshop and all that it's not enough to show a COPY (easily fake). He should lend the login/password so the buyer will see he is genuine.



ps: you're not selling anything by chance I feel like buying!
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  #54  
Old 23.05.2011, 18:12
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Re: law advice on possible stolen money

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you would show a total stranger, in another country, a copy of one of your bank statements??? are you totally mad?????

more then enough info for them to have a pretty good stab at accessing your account.
Yes, that's totally right. I'd also include my mother's maiden name and a blank cheque.

I don't think it's difficult to infer that I meant bank statement as proof of receipt of that specific value. It wouldn't take a genius to blank out the sensitive info, with those that prove receipt left.

In this case it seems the guy doesn't want to do this.
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  #55  
Old 23.05.2011, 18:17
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Re: law advice on possible stolen money

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Yes, that's totally right. I'd also include my mother's maiden name and a blank cheque.

I don't think it's difficult to infer that I meant bank statement as proof of receipt of that specific value. It wouldn't take a genius to blank out the sensitive info, with those that prove receipt left.

In this case it seems the guy doesn't want to do this.
If he didn't receive anything, what's to be seen?

Tom
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Old 23.05.2011, 18:20
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Re: law advice on possible stolen money

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If he didn't receive anything, what's to be seen?

Tom
No money matching that value having been received that day
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Old 23.05.2011, 18:20
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Re: law advice on possible stolen money

I don't think he meant his full bank statement, including birth certificate and what he had on this first babby bottle..

you can simply request info for a detailed day, just what i asked my good "friend" in the Durham...

I'm currently filling the forms for the small claims process... don't care if is leading nowhere but this way i can get his attention and answer to my requests.

I'm a bit stuck calculating now the interest rate..

Quote:
Do you want to reserve the right to claim interest under the County Court Act? If yes please select 'yes' and complete the following fields. If you wish to claim interest under any other act or agreement please select 'no' and enter the full details of your interest agreement in the box below.

Date money became owed to you (dd/mm/yyyy): April 27 2011
Date you are issuing the claim (dd/mm/yyyy): May 23 2011
Claim amount:£745
Daily rate of interest up to the date of judgment:£ ??

:/
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  #58  
Old 23.05.2011, 18:26
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Re: law advice on possible stolen money

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I don't think he meant his full bank statement, including birth certificate and what he had on this first babby bottle..

you can simply request info for a detailed day, just what i asked my good "friend" in the Durham...

:/
Here's the detailed day you requested:



You see I haven't received your money...





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  #59  
Old 23.05.2011, 18:37
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Re: law advice on possible stolen money

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Once I receive the funds I’II withdraw the item from ebay and post it out
So you didn't actually buy the item on ebay?

Why why why??? You can't even leave the guy bad feedback! You basically did something not allowed on ebay, you circumvented Ebay fees!!

I doubt you're gonna get a penny now, the guy knew exactly what he was doing!
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Old 23.05.2011, 18:41
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Re: law advice on possible stolen money

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I'm a bit stuck calculating now the interest rate..
Daily rate of interest up to the date of judgment:£ ??
:/
Well most likely the sales contract would be subject to Swiss law (but you would need to check the English conflict of laws provisions) and that would mean that late interest/damages interest would be 5% per year.

This breaks down to a daily interest rate of (GBP745/100*5/365)= GBP 0.10 per day...

Or you might want to leave it up to the court to determine the applicable interest at its discretion:
http://construction.practicallaw.com...ion/plc/?p=296
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