Paid by bank transfer in front of seller and then he refused to give me the product

sheramber

Saeedk1995 said:

@sheramber thank you, I did call the bank last Wednesday (transaction took place Tuesday night) and the lady on the phone informed me payments over £1000 can take upto the next day 10pm, she then checked with fraud and payment check team and they said from Hsbc side it was clear and that they’ve sent the money. She asked if I had made sure that was his account details were correct which I said I think it was since his name matched the name I typed on Hsbc naming app. I could call and tell them i think it’s fraud? But then the name is the same on his bank account. 

I meant fraud as in he has not given you the goods.

Alderbank

sheramber said:

Saeedk1995 said:

@sheramber thank you, I did call the bank last Wednesday (transaction took place Tuesday night) and the lady on the phone informed me payments over £1000 can take upto the next day 10pm, she then checked with fraud and payment check team and they said from Hsbc side it was clear and that they’ve sent the money. She asked if I had made sure that was his account details were correct which I said I think it was since his name matched the name I typed on Hsbc naming app. I could call and tell them i think it’s fraud? But then the name is the same on his bank account. 

I meant fraud as in he has not given you the goods.

That's not fraud.

shiraz99

Aylesbury_Duck said:

Saeedk1995 said:

@Thrugelmir I’ll go this Friday, but then after that how many trips can I keep making and using my time and petrol. Would I be able to call police or get baliffs or just some sort of legal action which may be more effective? 

As advised above, small claims court would be your ultimate course of action, but that letter needs to be sent first.

The police aren't going to be interested (and rightly so), and bailiffs are a long way off yet.

I wouldn't necessarily say that. This very much sounds like a scam and he may well have done this before. I'd definitely call the police just to see what their response will be.

Undervalued

shiraz99 said:

Aylesbury_Duck said:

Saeedk1995 said:

@Thrugelmir I’ll go this Friday, but then after that how many trips can I keep making and using my time and petrol. Would I be able to call police or get baliffs or just some sort of legal action which may be more effective? 

As advised above, small claims court would be your ultimate course of action, but that letter needs to be sent first.

The police aren't going to be interested (and rightly so), and bailiffs are a long way off yet.

I wouldn't necessarily say that. This very much sounds like a scam and he may well have done this before. I'd definitely call the police just to see what their response will be.

It is only an intentional scam if the seller deliberately created a situation so that the bank transfer didn't go through.

Had it gone through he would, presumably, have had no alternative but to hand the laptop over there and then.

However it didn't (and assuming that wasn't a deliberate obstruction on the seller's part) he could not really be expected to hand over the goods until that was resolved.

Now that the payment has cleared, the seller should obviously be engaging with the OP to arrange delivery (or a refund). So, unless there is a genuine serious issue that prevents that (e.g he has died, is seriously ill or is otherwise physically incapable of dealing with the issue) then he is clearly at fault. Without proof of criminal intent this is a civil issue.

user1977

Undervalued said:

shiraz99 said:

Aylesbury_Duck said:

Saeedk1995 said:

@Thrugelmir I’ll go this Friday, but then after that how many trips can I keep making and using my time and petrol. Would I be able to call police or get baliffs or just some sort of legal action which may be more effective? 

As advised above, small claims court would be your ultimate course of action, but that letter needs to be sent first.

The police aren't going to be interested (and rightly so), and bailiffs are a long way off yet.

I wouldn't necessarily say that. This very much sounds like a scam and he may well have done this before. I'd definitely call the police just to see what their response will be.

Without proof of criminal intent this is a civil issue.

And even if it is criminal and the police are at all interested, it's not their job to retrieve the goods (or the money) on behalf of the OP. People do seem to have the idea that the cops are a publicly-funded debt recovery service.

Saeedk1995

@Undervalued so what would your advice be to do in my situation? I’ve reported it to the bank so far and they’re looking into it. In the mean time I’m thinking to drop him a letter and then take him to small claims court.

Flight3287462

Park on his doorstep first and try and sort it out that way.  Then the courts if that doesn't work.

born_again

Saeedk1995 said:

@Undervalued so what would your advice be to do in my situation? I’ve reported it to the bank so far and they’re looking into it. In the mean time I’m thinking to drop him a letter and then take him to small claims court.

If the bank contact his & they lock his account. Which is what they do. He is not going to be happy to give you the laptop is he...

Saeedk1995

@born_again I don’t care at this point, I just want my money back. The bank has blocked his account and now he has started to reply to me, he is apologising and acting as though it’s his big brother speaking and not him, he’s asking me to tell my bank to unblock his brothers account and he said if the money is there they will return it, they can’t give me the laptop, ofc he is just pretending to be his brother with his phone I think. I called the scam team at Hsbc and they said to not do anything, his bank will speak to him, should he return the funds then it will get sorted until then he will stay blocked. 

born_again

Watch out for the argument that he only did not give you the laptop as the funds did not come through at the time, his bank will be able to check & back up this information. His bank unblocks the account & he still has the money. His bank tells HSBC the reason. He refuses to refund & you have to go & pick up the laptop...

HSBC reason for the delay is a fob off. Faster payments over £1K do not take longer. As you have either a £10K or £25K limit on them depending on who to.

Good luck. I hope you get your money back 👍