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I was scammed by someone off gumtree- please help!

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  • macfly
    macfly Posts: 2,728 Forumite
    To save a few quid perhaps? Is gumtree not respectable now?
  • SuzieH
    SuzieH Posts: 97 Forumite
    I would get a REALLY BIG friend to go and view his car and then ask for the money back.
  • SuzieH
    SuzieH Posts: 97 Forumite
    on the car ad there is a map of where he lives--not sure how accurate it is though
  • pug_in_a_bed
    pug_in_a_bed Posts: 1,975 Forumite
    You need his address and name for small claims court, its really easy and i think its £35(?) to file.

    If you get his address you could start with a letter before action giving them 7 days to refund you, and then start a small claim.

    Best of luck, its an awful feeling to think someone has scammed you this way
  • suited-aces
    suited-aces Posts: 1,938 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    SuzieH wrote: »
    I would get a REALLY BIG friend to go and view his car and then ask for the money back.
    I wish there was a more noble way, but i'm afraid it looks like you'll have to do this. Maybe a few really big friends
    I'm not bad at golf, I just get better value for money when I take more shots!
  • Oliver14
    Oliver14 Posts: 5,878 Forumite
    I wish there was a more noble way, but i'm afraid it looks like you'll have to do this. Maybe a few really big friends
    What so they can talk to each other in the Police cells.

    The thing is the OP has very little evidence as he dealt via text. The only evidence you have is the bank transfer all that proves is that you have gifted someone some money. So even if you start a small claim there is no Guarantee of winning. So you have to be happy that you may lose the money it costs (cant remember how much off the top of my head).

    There seems to be this myth that if you win a small claim you will automatically get your money. I'm afraid it doesnt always work like that even you win he is not guaranteed payment. If the court rule in your favour but the defendant refuses (or cant ) pay. Its up to you to collect it. So if you need to get court appointed balliff you will have to pay for that.

    You may or may not win but turning up at the guys address mob handed wont help the case and make you more likely to be the one prosecuted.
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
  • caroline78
    caroline78 Posts: 857 Forumite
    Hiya,

    I just checked out the ad and the details on the map are very close to me. I noticed the car is PSV and I may know the person selling it through my line of work. Please feel free to private message me with his name and I will see if it rings a bell....xx
    ;)I HAVE NOTHING TO SAY;)
  • Sphynx
    Sphynx Posts: 877 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    I would go to the police as this is theft. They may be able to trace the offender with the phone number, or may have had previous dealings for similar offences which they can connect. Don't be fobbed off by them saying you have to go to the local station to report it, the crime took place from where you live not where the offender lives. HTH
  • Ladyshopper
    Ladyshopper Posts: 2,454 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sphynx wrote: »
    I would go to the police as this is theft. They may be able to trace the offender with the phone number, or may have had previous dealings for similar offences which they can connect. Don't be fobbed off by them saying you have to go to the local station to report it, the crime took place from where you live not where the offender lives. HTH

    Actually thats not true, the crime has ocurred when the suspect has failed to send the item, therefore the crime has ocurred wherever he lives. This is agreed by Home Office Counting Rules.

    What should happen is your local force take details, statement, and get you to sign permission giving them authority to have access to your bank account. That means they can then identify the owner of the account the money went to, and give the police the name and address.

    When this info has been received, your local force should package up all the paperwork and send it to the force where the suspect lives for them to deal.

    Unfortunately this can take time, I have just dealt with a gumtree crime at work that has taken a year to get to me (no idea why other force didn't send it off quicker, probably a case of the officer not knowing what to do and leaving it languishing in their tray).

    Evidence you should gather to speed things up are a copy of the advert, a print out if possible of any texts/emails sent between yourselves, and a copy of your bank statement showing the transfer. All these things can be obtained by the police but believe me it can take forever, so quicker if you can get them yourself.

    If you're lucky your force and/or the force who eventually deal will have a fraud department dealing with these kinds of things (thats what I do hence I can offer some advice!).
  • pinkshoes
    pinkshoes Posts: 20,542 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The short answer is put it down to experience, as at £300, you wouldn't even get a faulty one for that...

    I would certainly contact the police, show them the texts, give them his phone number, and show them the other adverts he has. If they're not willing to do anything (and to be fair, you don't even have a real name for this guy, so it won't be a high priority for them), then perhaps use a different name and phone number (get a free sim), then buy a car off him, and arrange to give him cash on collection to see if you can meet up with him. That way, you can then call the police if you think it's the same guy.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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