Hello everyone,
I have a challenge, I bought a laptop from someone in anibis but never received it and the seller won't refund me. He keeps giving excuses that he has issues and will soon give me back my money.
Before making the transaction I contacted anibis to make sure he didn't have any issues in the past and I also got his passport information and his phone number (it's a valid one), I don't have his address.
Now the seller won't answer any of my messages or calls after the passing the deadline he said he would refund me.
I was wondering is there a swiss small claims court in Switzerland that can make him refund the money?
I'm guessing hiring a lawyer will cost much more than what I spent (less than 500 CHF). But at the same time, I don't want this person to go unpunished and do the same to other people.

Any advice/help is welcomed

Thanks

You can get a poursuite issued against him and I would also report him to anibis. Although if they're giving out his passport and telephone number that's not a company I'd want to deal with. Also check with the police because you may be able to get him as theft if he doesn't give you the item you paid for and doesn't refund the money.

Thanks for your reply.

I have already reported him and he has been banned.
Anibis didn't give me those details, the seller gave them to me before I did the bank transfer ( which reassured me).
I checked with the police and they said it's not theft because it's a contract that hasn't been fulfilled by one party. So they can't do anything

Can I issue a poursuite even if I don't have the person's address? I Know he lives in Lausanne but that's all.

For a pursuit you would need his address.

Normally the mandatory next step before a pursuit is possible would be to sent a registered letter with a final payment deadline. Only when this deadline has passed could you start the pursuit/Betreibung.

In your case I would sent one final e-mail with a date (very important) by when he has to either deliver or reimburse you on which bank account. 7 days are o.k. Hopefully he will answer on this e-mail and thus acknowledge delivery. Because of that do not mention and legal threads and play it rather nice. As said just to trigger a response and not because you should be nice. (In an registered letter you could use different words.)

You can forego this step in case you already sent him a request with a specific deadline which he has acknowledged.

Once the deadline passed without any goods or money received print everything you have out and make copies of it. Then finally go to the nearest police station and file an official complaint for fraud. Bring all you have about this guy: Telephone number, Anibis ID, bank account number, passport scan, all communication printed out. When you file the complaint with the police specify that you wish to be plaintiff (Privatkläger) and that you also intend to press civil charges.

__________________
What?

Thanks for your help, it was really quick.

I gathered all the information I had before I went to the police station the 1st time but I was quickly dismissed and was told it's not worth pursuing the matter because it's time consuming and the amount is too little.
So this time I'll go to another police station and insist.

Thanks a lot

Is it more than CHF 300? Than you have a good case.
Also this time go for fraud (Betrug und andere allfällige Tatbestände) and not theft.

And very important, you need a payment or delivery deadline which has passed. No deadline == no delivery due == no fraud.

Yes it's more than 300
And I also have proof of the deadline which has passed.

I'll go and put a complaint for fraude.
If i press civil charges will I need a lawyer?

No, lawyers are not mandatory.
AFAIK: It is initially just a tick in a box on the police form.

At some later point, when they found the guy, you will get a more detailed form where you can state your demands. Like this guy here:
https://www.englishforum.ch/daily-li...have-fill.html
Sorry, the form is in German but you should get the idea from the translations given.

Really helpful and encouraging. I don't mind if it takes long as long as the person is in the system.
Since i have his identity i'm guessing it shouldn't take long to find the guy even though we are not in the same canton.

I'll give updates as the case goes on. We never know someone else might be in a similar situation.
Thanks

Sounds those Nigerian scams, where did you pay the money into?

Normally that passport and phone you got are stolen from somebody else, so you won't get much by that.

It's a swiss bank account and the name corresponds to the one written in the passport. I also saw the guy via video chat and it's the same person. Unless he forged his passport and used that to open a bank account... But I think it's unlikely.

Abus de confiance / Misappropriation
would be Art. 138 Criminal Code
this does not fit because the money was not entrusted nor does it in case of a sale belong to another.

Escroquerie / Fraud
Art. 146 Criminal Code
This fits. The erroneous belief is that he could deliver goods for money.

Good luck OP, I hope you get this scumbag!

Lesson learned! It could have been worse.
I don't have the address, therefore I can't send a letter.
But maybe I could get it from the service cantonal de la population from his district?

How did you make a payment to a Swiss bank without the receipiants name and address ?

Address is not mandatory, city is

Did you try tel.search.ch, tel.local.ch, chnumberinfo.com? Additionally try google'ing the number, using quotes. Eg. "071 494 11 11"

Otherwise, yes contact the Einwohnerkontrolle, there's a fair chance for common sense to prevail if you present your case. You may have to show up in person, dunno, if so have a print of the passport scan with you.

Come to think of it, you may want to try and verify the address with the Einwohnerkontrolle if you locate him using the directories above.

Hi, just wanted to post an update. So I went to the police station to file a complaint and they asked if they could try and contact the guy before I filed and I accepted.
2 days later they found him. I dont know what the told him but I was refunded the full amount plus extra for wasting my time.
Police can be very effecient if you find those willing to go the extra mile.
I would like to thank all of you for your help, very much appreciated.

Good news wiskyou. We need that today.