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  #61  
Old 23.05.2011, 17:46
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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...:/


Don't add insolence of top of being stupid!


Hint to help you: Use your brain and tell us how the seller will provide you a safe, trust-able copy of his bank statement to prove he has not received the money?

a. He will send you a JPEG
b. He will swear on his coakroach pet life that it's true document
c. He will send you a photocopy with a genuine stamp on the letter
d. Obiwan Kenobi
e. He will mark it with the mention "genuine"
f. He will charge you with Western Union Transfer to prove it's real and valuable
g. *insert your own stupid action here*


Any ideas?
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  #62  
Old 23.05.2011, 18:48
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Re: law advice on possible stolen money

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Well before doing so I want to be 100% sure there's no bug in the system. Somehow i prefer to trust him, hoping that the money might be on his account but is not appearing on his balance for some weird reason.

If that's the case, I hope to find it out before having to pay more money.
It could be that due to charges being deducted, that the sum he received is less than the sum you sent and that he therefore isn't associating the money he received with you.

Sometimes sending money abroad can be very costly in terms of bank fees.
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  #63  
Old 24.05.2011, 17:48
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Re: law advice on possible stolen money

You keep on saying you have the guys address, what makes you think he didnt just pick one fromt he BT phonebook ?

I used to study in Gateshead which is about a 20min drive from Durham, if you want i can send some of the rough boys down to have a look...

If he really is a croock and this is not some mistake or bank error im sure he wont be so comfortable about keeping the money with guys showing up at his doorstep..
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  #64  
Old 24.05.2011, 17:53
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Re: law advice on possible stolen money

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You keep on saying you have the guys address, what makes you think he didnt just pick one fromt he BT phonebook ?
He called him on the number given.

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I used to study in Gateshead which is about a 20min drive from Durham, if you want i can send some of the rough boys down to have a look...

If he really is a croock and this is not some mistake or bank error im sure he wont be so comfortable about keeping the money with guys showing up at his doorstep..


Then I suppose we're guaranteed that there'll be at least one criminal involved in the sale.
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  #65  
Old 24.05.2011, 22:10
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Re: law advice on possible stolen money

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It could be that due to charges being deducted, that the sum he received is less than the sum you sent and that he therefore isn't associating the money he received with you.

Sometimes sending money abroad can be very costly in terms of bank fees.
I paid priority for a 12h service (as said before i needed the radio and took the risk) and one can also check "our costs" so, as the fax from his bank confirms he got exactly 745£. According to them he got the money.

Is simple, he's playing the dumb cause i did talked with his son on the phone and have the exact address of his home (the pictures he sent showing the radio show the exact same garden structure one can see via streetview). Yes yes yes you all clever ones out there, i might not see the money again, but he won't escape that easy from being involved in a legal case.
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  #66  
Old 02.06.2011, 11:51
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Re: law advice on possible stolen money

So after I started the small claims process, I got today this answer from the seller:

"Good news the money has finally turned up in my account."

So something mysteriously worked...

"I’II send you a cheque via recorder delivery as I no longer trust the banking system."

I'm guessing I will loose some money changing this pounds into CHF.. but at least looks like I will get the money back.

It actually makes me more happy see that some clowns here where really wrong even though they pretended to sound so cool and intelligent with their comments.

:P
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  #67  
Old 02.06.2011, 11:54
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Re: law advice on possible stolen money

Glad it's sorted, told you it never made sense he's replying, always blame the bankers, these guys know no S*** but there own coke and alcohol


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So after I started the small claims process, I got today this answer from the seller:

"Good news the money has finally turned up in my account."

So something mysteriously worked...

"I’II send you a cheque via recorder delivery as I no longer trust the banking system."

I'm guessing I will loose some money changing this pounds into CHF.. but at least looks like I will get the money back.

It actually makes me more happy see that some clowns here where really wrong even though they pretended to sound so cool and intelligent with their comments.

:P
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  #68  
Old 02.06.2011, 12:00
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Re: law advice on possible stolen money

I'm happy for you and hope the goods finally turn up.
I don't think posters were trying to be 'cool and intelligent'.
I suspect many people have had bad experiences with online sales, and consequently feel bitter.
It could also be that your seller finally decided to admit receiving your cash after you started the small-claims proceedings.
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  #69  
Old 02.06.2011, 12:10
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Re: law advice on possible stolen money

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I'm happy for you and hope the goods finally turn up.
I don't think posters were trying to be 'cool and intelligent'.
I suspect many people have had bad experiences with online sales, and consequently feel bitter.
It could also be that your seller finally decided to admit receiving your cash after you started the small-claims proceedings.
Completely agree with all your points.. my reaction to the very plain humor that this thread produced is more cause it was not really that good to actually say, waooo this guy/girl is really witty..
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  #70  
Old 02.06.2011, 12:16
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Re: law advice on possible stolen money

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So after I started the small claims process, I got today this answer from the seller:

"Good news the money has finally turned up in my account."

So something mysteriously worked...

"I’II send you a cheque via recorder delivery as I no longer trust the banking system."

I'm guessing I will loose some money changing this pounds into CHF.. but at least looks like I will get the money back.

It actually makes me more happy see that some clowns here where really wrong even though they pretended to sound so cool and intelligent with their comments.

:P

Small claims court works for me... The defendant then knows you're serious (...and actually has to pay a fee to return his defence, or pay the amount claimed plus charges which scares the bluffers off).

Personally speaking I would not want to lose money, tell the defendant/seller to refund all charges and fees etc or you will persist.

Last edited by Upthehatters2008; 02.06.2011 at 17:20.
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  #71  
Old 02.06.2011, 12:21
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Re: law advice on possible stolen money

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Small claims court works for me... The defendant then knows your serious (...and actually has to pay a fee to return his defence, or pay the amount claimed plus charges which scares the bluffers off).

Personally speaking I would not want to lose money, tell the defendant/seller to refund all charges and fees etc or you will persist.
On this last point, I was thinking on it, but im guessing it might make things slower.. I have paid 30chf for the search to PostFinance and 60£ to open the small claims..

80 British pounds = 110.185372 Swiss francs

I will ask and see what he answers.

Thanks again!
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  #72  
Old 02.06.2011, 12:29
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Re: law advice on possible stolen money

Now, the small claims process suggests this to the defendant:


Take or send the money, including any interest and costs, to
the claimant. The address for payment is on the front of the
claim form. You should ensure that the claimant receives the
money within 14 days of the date of service. There is further
information on how to pay below.


But he says he will pay via cheque sent using Royal Mail's Recorder Delivery.

Lastly, It won't be clear for me yet if he got pushed by the small claims or the money did really appeared on his account.. this i trully doubt cause his bank confirmed the money arrived in 2 different moments the day after i paid. He had my money for more than a month.

I wonder when or how can this case could be considered closed?
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  #73  
Old 02.06.2011, 12:36
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Re: law advice on possible stolen money

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Now, the small claims process suggests this to the defendant:


Take or send the money, including any interest and costs, to
the claimant. The address for payment is on the front of the
claim form. You should ensure that the claimant receives the
money within 14 days of the date of service. There is further
information on how to pay below.


But he says he will pay via cheque sent using Royal Mail's Recorder Delivery.

Lastly, It won't be clear for me yet if he got pushed by the small claims or the money did really appeared on his account.. this i trully doubt cause his bank confirmed the money arrived in 2 different moments the day after i paid. He had my money for more than a month.

I wonder when or how can this case could be considered closed?

When you get the money. He said he will sent a check. By the time you get it and it clears it will take some time
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  #74  
Old 02.06.2011, 12:49
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Re: law advice on possible stolen money

Yes, i was referring to the small claims, on their website i can only see i can archive the process or request a judgement (that, in case he doesn't pay).

Since this is the record of the process:

Claim History
You submitted a claim on 23/05/2011 at 17:06:56
Your claim was issued on 24/05/2011

It seems to me the seller was just trying to test how far I was able to go.. I hope he doesn't try a new stunt with the cheque.

Will see.
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  #75  
Old 02.06.2011, 17:24
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Re: law advice on possible stolen money

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Now, the small claims process suggests this to the defendant:


Take or send the money, including any interest and costs, to
the claimant. The address for payment is on the front of the
claim form. You should ensure that the claimant receives the
money within 14 days of the date of service. There is further
information on how to pay below.


But he says he will pay via cheque sent using Royal Mail's Recorder Delivery.

Lastly, It won't be clear for me yet if he got pushed by the small claims or the money did really appeared on his account.. this i trully doubt cause his bank confirmed the money arrived in 2 different moments the day after i paid. He had my money for more than a month.

I wonder when or how can this case could be considered closed?

Pursue the claim, i.e. let it run it's course until you get what is owed to you in all. He can send the courts proof of payments , but until it matches the amounts owed, they will proceed. You have not received the money until it is cleared in your account. My advice would be to send his cheque back and insist on a bank transfer. Cheques are an "it's in the post" pain in the backside. It will give him excuses to delay even further. Make it clear to him "Send me bank transfer or the claim proceeds as planned" .
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  #76  
Old 02.06.2011, 17:29
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Re: law advice on possible stolen money

I'm glad he finally saw sense. Of course he has to play the "I don't trust the banks" card. But don't cancel the court case until the check clears and is in your account. I wouldn't trust him with anything!

Honestly, as long as he returns the money paid, I'd just leave it and not try to recover the extra fees. But that' me.

Good luck!
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Old 02.06.2011, 17:49
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Re: law advice on possible stolen money

So what happened with the radio in the end?
Maybe there wasn't one.
I'm not being deliberately rude, but suspect you must have offered considerably over-the-odds for him to have removed it from Ebay in the first place, if there actually was a radio.
From my own experience of buying and selling on Ebay, I've had to offer v.much more than stuff was worth before the buyer would remove it.
Sometimes people will pay more than they should because they get sucked into the auction atmosphere......even online, and sellers know this.
Hopefully you'll get your money back and the whole thing will have resolved itself...............except you haven't got the radio you obviously badly wanted!
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  #78  
Old 02.06.2011, 17:52
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Re: law advice on possible stolen money

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Yes, i was referring to the small claims, on their website i can only see i can archive the process or request a judgement (that, in case he doesn't pay).

Since this is the record of the process:

Claim History
You submitted a claim on 23/05/2011 at 17:06:56
Your claim was issued on 24/05/2011

It seems to me the seller was just trying to test how far I was able to go.. I hope he doesn't try a new stunt with the cheque.

Will see.

Once the claim grace period has expired, you must then ask for Judgement. Once you get a judgement, you can ask for the Bailiffs to go in. Each step takes it's time.
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