Help, I've been scammed online need help as bank won't help me!

meer53

shottsguy22 wrote: »

How does eBay work? Bacs payment from your account! Just eBay will do something about it but charge you fees when you use it

What you have done is the equivalent of handing over cash to the seller of the phone without receiving the goods first. If you buy on Ebay and pay either through Paypal or direct to the seller with a debit card you have protection if you don't receive those goods. Those fees are worth paying !

Cash doesn't offer any protection, you've made a huge mistake, just accept it and move on, neither the Halifax or the Police can do anything for you. At least you won't make the same mistake again.

Energize

meer53 wrote: »

Cash doesn't offer any protection, you've made a huge mistake, just accept it and move on, neither the Halifax or the Police can do anything for you. At least you won't make the same mistake again.

That is simply not the case, a crime has been committed as per the fraud act 2006 and the police can investigate. The IP address of the seller will be recorded on gumtree and is the obvious starting point for the investigation.

I can understand the op's frustration with the rudeness (and wrongness) of the replies.

For those ignorant of the law.

http://www.legislation.gov.uk/ukpga/2006/35/section/2

Fraud by false representationE+W+N.I.

This section has no associated Explanatory Notes
(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.
(2)A representation is false if—
(a)it is untrue or misleading, and
(b)the person making it knows that it is, or might be, untrue or misleading.
(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—
(a)the person making the representation, or
(b)any other person.
(4)A representation may be express or implied.
(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

meer53

Energize wrote: »

That is simply not the case, a crime has been committed as per the fraud act 2006 and the police can investigate. The IP address of the seller will be recorded on gumtree and is the obvious starting point for the investigation.

I can understand the op's frustration with the rudeness (and wrongness) of the replies.

For those ignorant of the law.

http://www.legislation.gov.uk/ukpga/2006/35/section/2

Th OP is stating that his bank won't help him. Do you honestly think the Police will do anything about this for him ? They might be able to help but i wouldn't be holding my breath.

olly300

meer53 wrote: »

Th OP is stating that his bank won't help him. Do you honestly think the Police will do anything about this for him ? They might be able to help but i wouldn't be holding my breath.

Agreed.

It's not a bank issue but a police issue.

The police don't have the resources to investigate (particularly at the moment) so your only chance to get the money back is to investigate it and sort it out yourself.

Azrael_1701

Energize wrote: »

That is simply not the case, a crime has been committed as per the fraud act 2006 and the police can investigate. The IP address of the seller will be recorded on gumtree and is the obvious starting point for the investigation.

I can understand the op's frustration with the rudeness (and wrongness) of the replies.

For those ignorant of the law.

http://www.legislation.gov.uk/ukpga/2006/35/section/2

Also, the IP address will get you nowhere.

erdd2

Energize wrote: »

I can understand the op's frustration with the rudeness (and wrongness) of the replies.

You mean some of the replies?

I cannot understand the rudeness and unfounded assumptions of the op and that his direction of them were as random as his rants

erdd2

olly300 wrote: »

It's not a bank issue but a police issue.

Repeatedly stated by several posters but op did not want to hear this and resulting rude rants were unacceptable.

bendix

shottsguy22 wrote: »

Yes why not £200 is nothing isn't it?

Look, at the end of the day it's your fault. You were daft enough to send money to the guy. What makes you think the bank should protect you from your own stupidity?

This is a matter between you and the seller. As far as the bank is concerned, they have no liability at all. Why should they? It's not their responsibility to protect you from yourself.

You NEVER EVER send money to advertisers on Gumtree or CL.

You've learned an expensive lesson.

arcon5

Did you ever get your money back op?

hillcats

More to the point, if you had the legit address did you pay a visit to make friends...