What can I do now?

richto

Moglex wrote:

I'm not sure a court would agree with that.

The act of fraud occurs when you say you do not posses something that you do in fact posess with the specific intention of obtaining money.

What you plan to do in the future may or may not be deemed mitigation but it will not "undo" the fraud.

What complete rubbish. I could say I possessed a Royal Flush in a game of Poker and according to you that is fraud!

Here you would be recovering your money after being blackmailed. Just like bouncing a cheque or raising a chargeback isnt fraud either.,

Moglex

richto wrote:

What complete rubbish. You are recovering your money after being blackmailed. Thats not fraud.

You should check what you say with a solicitor before you start making statements like that.

You could get someone into serious trouble.

English law does most emphatically NOT permit you to seek redress for a wrong by commiting a fraudulent, criminal, act.

Moglex

richto wrote:

What complete rubbish. I could say I possessed a Royal Flush in a game of Poker and according to you that is fraud!

Technically, it probably would be if your oponents were to pay on your word and then later find out you were lying.

Have you never heard of the charge "Obtaining money by deception"?

That is what you are advocating.

The law does not allow that, no matter what the provocation (have you also not heard: "You cannot take the law into your own hands").

Here you would be recovering your money after being blackmailed. Just like bouncing a cheque or raising a chargeback isnt fraud either.,

Raising a chargeback is fraud if you lie about the reason for the chargeback.

Hintza

Think I'll stay out of this one. Tin helmet firmly in place!

wullieb1

I can see this going to a small claims court.

If you've already paid then wait the 7 days then start the chargeback.

Keep all emails that he/she has sent this will help you fight your case.

I'm presuming that the item was quite expensive so i hope you've paid by credit card.

Moglex

Hintza wrote:

Think I'll stay out of this one. Tin helmet firmly in place!

A pity.

Given that my assertion is that someone is inciting another poster to commit a criminal act I would have thought it would be a good idea if anyone else who actually had some knowledge of criminal law would comment - one way or the other.

This is not just a matter of opinion.

culpepper

angelofdeath.84 wrote:

Thats just it though....if I don't pay the extra money through paypal, he WILL NOT refund my original payment - in his words, I quote "You won't see a f***ing penny of your money you tw*t"

I don't really care about neg feedback or strikes but the whole mess is strating to upset me!

That is blackmail ,get his contact details and then contact the police.
Keep copies of all his correspondence to show them and the listing number and screen capture of the original listing.
If he threatens you I understand that is called demanding money with menaces.

culpepper

Have spoken to policeman husband who says....
It is most likely classed as obtaining property by deception.
He says it cant be demanding money with menaces as he has not actually physically hurt you or threatened to.
For Blackmail it would have to be proven that ,that was his intent.
He advised first telling paypal of the content of the email sent by the seller ,so that they can freeze his account.
I imagine they would then do a chargeback ??

Moglex

culpepper wrote:

Have spoken to policeman husband who says....

How about asking him his opinion of deceiving pp to do a chargeback?

culpepper

As the seller has stated by email that he is now only willing to sell to the buyer for another £900 ,even though she has paid him the correct asking price already via paypal, it is not deceit to tell this to paypal and ask for them to refund her money. The seller has already said she is not getting the item or her money back if she doesn't give him more money.
No deceit there on the part of the buyer.