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Have been so stupid (hangs head in shame)

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Comments

  • samspam
    samspam Posts: 82 Forumite
    A Couple of years ago my dad 'bought' a computer off ebay and stupidly sent a cheque for £800 to the seller in Glasgow.

    Obviously he didn't receive the computer and reported it to the sellers local police station. The police had recieved other complaints and eventually the seller was taken to court.

    However, my dad hasn't received a penny of his money back.
  • arushofblood
    arushofblood Posts: 1,073 Forumite
    Amanda, I was sorry to read about your scam and the frustrations you must feel about not being able to persue things. I had a guy 'wangle' £750 from me ( not through Ebay ) and I too am at a loss as to how to get the money back for the same reasons as yourself.

    He has no assets or much money to his name so there's no hope really. Didn't help when he knew that I couldn't get it back from him and told me to fcuk off and die ! He's now threatened me and my dad if we ever contact him again *sigh* Anyways, if you're anything like me, you'll flip from going 'hang on you b'stard, I won't let you get away with this' to 'I need to forget this loser and realise just how lucky I am compared to you'. I still don't know what's the right thing for me.

    I hope one way or the other things get easier for you soon and this guy gets what he deserves !!!
  • Mandles
    Mandles Posts: 4,121 Forumite
    I get irritated as ebay removes alot of my listing for really pathetic reasons(like me saying details to follow later(as i want to add a pic but i dont have time))etc.
    Anyway i get really irritated as they let sellers like this keep on trading.
  • Amanda65
    Amanda65 Posts: 2,076 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Anyways, if you're anything like me, you'll flip from going 'hang on you b'stard, I won't let you get away with this' to 'I need to forget this loser and realise just how lucky I am compared to you'. I still don't know what's the right thing for me.

    I hope one way or the other things get easier for you soon and this guy gets what he deserves !!!

    Gosh - I now feel that I've got off lightly! I must admit to being a little concerned that the bloke concerned had my address and was worried what would happen if I took it further. Surely if he is actually making threats to you then you really should go to the police?
  • aeuerby
    aeuerby Posts: 782 Forumite
    Amanda65 wrote:
    I received a telephone call from Wiltshire police just before Christmas and the sergeant confirmed that the scammer was well known to them but said the reason that they couldn't proceed was because I had entered into a contract with the person and therefore that made it a civil case, not theft.

    I would write to your MP over this. What have you got to lose?

    A law has been broken and the police should act upon it and not fob you off excuses.
  • aeuerby wrote:
    I would write to your MP over this. What have you got to lose?

    A law has been broken and the police should act upon it and not fob you off excuses.

    An MP won't do anything.

    The way forward is to take him to the small claims court. As I said before, if he fails to pay baliffs get sent in and will keep going back time and again until they get the full value of the debt. At worst this is going to seriously annoy him (also once they've gained entry they can let themselves in anytime) as anything he values - hifi, cds, ipod etc will be confiscated.
  • arushofblood
    arushofblood Posts: 1,073 Forumite
    Amanda65 wrote:
    Gosh - I now feel that I've got off lightly! I must admit to being a little concerned that the bloke concerned had my address and was worried what would happen if I took it further. Surely if he is actually making threats to you then you really should go to the police?

    See, now you've got me on the 'hang on you b'stard, I won't let you get away with this' one !
  • arushofblood
    arushofblood Posts: 1,073 Forumite
    An MP won't do anything.

    The way forward is to take him to the small claims court. As I said before, if he fails to pay baliffs get sent in and will keep going back time and again until they get the full value of the debt. At worst this is going to seriously annoy him (also once they've gained entry they can let themselves in anytime) as anything he values - hifi, cds, ipod etc will be confiscated.

    In my case, the guy has said he will declare himself bankrupt *again* so that I won't be able to ever claim from him or contact him again over any monies owed! Would that be true then ?
  • Depends if they let him declare himself bankrupt and rulings can be made when he is declared bankrupt about still paying people (I believe). Still I'd pay an extra £30 to ruin someones life for 6 years if they were refusing to give me my money back. It also may take him longer to get declared bankrupt than it takes you to take him through the courts and get the baliffs after him.

    Basically what he's said is your not going to get anything back anyway, but if you try I'll cut off my nose to spite my face.

    Oh and if he owns a house an attachment order can be made and if he declares himself bankrupt whilst owning a house that can be used to settle debts.
  • Avoriaz
    Avoriaz Posts: 39,110 Forumite
    An MP won't do anything.

    The way forward is to take him to the small claims court. As I said before, if he fails to pay baliffs get sent in and will keep going back time and again until they get the full value of the debt. At worst this is going to seriously annoy him (also once they've gained entry they can let themselves in anytime) as anything he values - hifi, cds, ipod etc will be confiscated.
    Be very careful with courts and bailiffs.

    Amanda will have to pay the court fee (£30 maybe). She will have to travel to Wiltshire for the hearing. (£30 petrol etc) If she wins he will almost certainly not pay.

    She will then have to pay further fees to the courts and/or bailiffs. The bailiffs will only act if Amanda pays them. They do not get “sent in” by the court unless Amanda pays for their services.

    In theory all these costs are recoverable but in practice, if he is a 20 year old scumbag with no assets, he will never pay a penny and there will be nothing for the bailiffs to seize.

    Amanda will be even more out of pocket than she is now.

    I am not a legal expert but I do have some experience of county court actions, both as claimant and defendant.

    Amanda, I strongly urge you to put thus down to experience and consider it a hard earned lesson. Console yourself with the fact that he may have your money, but you probably have a much nicer and happier life than him. That scumbag possibly spends his life on drugs, desperate for drugs, in police stations, in court and looking over his shoulder all the time. He will probably end up in prison eventually.
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