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

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  • @born_again I have proof of him saying he can’t give the laptop and he will return my money, it’s on text from his mobile number. So then what happens? Hsbc also said they have a fund backed by the government which can be given if they can’t get the funds of him. 
  • sheramber
    sheramber Posts: 22,645 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Alderbank said:
    sheramber 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.
    Well whatever you call it the bank hare dealing with it.
  • Undervalued
    Undervalued Posts: 9,606 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 14 April 2022 at 9:05AM
    @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.
    Whilst this reeks of a scam, above all else you must act within the law and in accordance with your bank's terms and conditions.

    Whilst I fully sympathise with your position, as I said earlier, the one and only thing the "seller" has (provably) done wrong is failing to engage with you once the payment had actually reached his account. There is now dialogue of a sort and it is the "seller's" choice as to whether he gives you the laptop (in the condition you agreed to buy it) or a full refund. This is, I'm afraid, his choice.

    Watch out for a different laptop being handed over or for parts, such as the hard disk or SSD, having been removed.

    Best of luck....
  • shiraz99
    shiraz99 Posts: 1,836 Forumite
    1,000 Posts Third Anniversary Name Dropper
    @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.
    Whilst this reeks of a scam, above all else you must act within the law and in accordance with your bank's terms and conditions.

    Whilst I fully sympathise with your position, as I said earlier, the one and only thing the "seller" has (provably) done wrong is failing to engage with you once the payment had actually reached his account. There is now dialogue of a sort and it is the "seller's" choice as to whether he gives you the laptop (in the condition you agreed to buy it) or a full refund. This is, I'm afraid, his choice.

    Watch out for a different laptop being handed over or for parts, such as the hard disk or SSD, having been removed.

    Best of luck....
    So I was right to suggest it was scam then 😉
  • Undervalued
    Undervalued Posts: 9,606 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 14 April 2022 at 9:37AM
    shiraz99 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.
    Whilst this reeks of a scam, above all else you must act within the law and in accordance with your bank's terms and conditions.

    Whilst I fully sympathise with your position, as I said earlier, the one and only thing the "seller" has (provably) done wrong is failing to engage with you once the payment had actually reached his account. There is now dialogue of a sort and it is the "seller's" choice as to whether he gives you the laptop (in the condition you agreed to buy it) or a full refund. This is, I'm afraid, his choice.

    Watch out for a different laptop being handed over or for parts, such as the hard disk or SSD, having been removed.

    Best of luck....
    So I was right to suggest it was scam then 😉
    You didn't!

    You said "this very much sounds like a scam".

    I said "it reeks of a scam".

    Which is more or less the same thing.

    My point was that there is no legal evidence that it actually is a scam.
  • shiraz99
    shiraz99 Posts: 1,836 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 14 April 2022 at 10:02AM
    shiraz99 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.
    Whilst this reeks of a scam, above all else you must act within the law and in accordance with your bank's terms and conditions.

    Whilst I fully sympathise with your position, as I said earlier, the one and only thing the "seller" has (provably) done wrong is failing to engage with you once the payment had actually reached his account. There is now dialogue of a sort and it is the "seller's" choice as to whether he gives you the laptop (in the condition you agreed to buy it) or a full refund. This is, I'm afraid, his choice.

    Watch out for a different laptop being handed over or for parts, such as the hard disk or SSD, having been removed.

    Best of luck....
    So I was right to suggest it was scam then 😉
    You didn't!

    You said "this very much sounds like a scam".

    I said "it reeks of a scam".

    Which is more or less the same thing.

    My point was that there is no legal evidence that it actually is a scam.
    But you totally dismissed my earlier post though.

    The point I was making is this is typical of a type of scam that's is used and, even though the OP may not be able to prove it, it would be enough to give 101 a call and report it. At the very least it would put more pressure on the other guy.
  • Undervalued
    Undervalued Posts: 9,606 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    shiraz99 said:
    shiraz99 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.
    Whilst this reeks of a scam, above all else you must act within the law and in accordance with your bank's terms and conditions.

    Whilst I fully sympathise with your position, as I said earlier, the one and only thing the "seller" has (provably) done wrong is failing to engage with you once the payment had actually reached his account. There is now dialogue of a sort and it is the "seller's" choice as to whether he gives you the laptop (in the condition you agreed to buy it) or a full refund. This is, I'm afraid, his choice.

    Watch out for a different laptop being handed over or for parts, such as the hard disk or SSD, having been removed.

    Best of luck....
    So I was right to suggest it was scam then 😉
    You didn't!

    You said "this very much sounds like a scam".

    I said "it reeks of a scam".

    Which is more or less the same thing.

    My point was that there is no legal evidence that it actually is a scam.
    But you totally dismissed my earlier post though.

    The point I was making is this is typical of a type of scam that's is used and, even though the OP may not be able to prove it, it would be enough to give 101 a call and report it. At the very least it would put more pressure on the other guy.
    Not at all.

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

    Without some evidence that was the case I can't see the police (101) doing any more than logging the report. Unless they go round and knock on the seller's door I fail to see how it applies any pressure.
  • born_again
    born_again Posts: 20,586 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Police would just say report it to Action Fraud & the resulting ZERO action being taken.
    Life in the slow lane
  • user1977
    user1977 Posts: 17,931 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    shiraz99 said:
    shiraz99 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.
    Whilst this reeks of a scam, above all else you must act within the law and in accordance with your bank's terms and conditions.

    Whilst I fully sympathise with your position, as I said earlier, the one and only thing the "seller" has (provably) done wrong is failing to engage with you once the payment had actually reached his account. There is now dialogue of a sort and it is the "seller's" choice as to whether he gives you the laptop (in the condition you agreed to buy it) or a full refund. This is, I'm afraid, his choice.

    Watch out for a different laptop being handed over or for parts, such as the hard disk or SSD, having been removed.

    Best of luck....
    So I was right to suggest it was scam then 😉
    You didn't!

    You said "this very much sounds like a scam".

    I said "it reeks of a scam".

    Which is more or less the same thing.

    My point was that there is no legal evidence that it actually is a scam.
    But you totally dismissed my earlier post though.

    The point I was making is this is typical of a type of scam that's is used and, even though the OP may not be able to prove it, it would be enough to give 101 a call and report it. At the very least it would put more pressure on the other guy.
    Not at all.

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

    Without some evidence that was the case I can't see the police (101) doing any more than logging the report. Unless they go round and knock on the seller's door I fail to see how it applies any pressure.
    Indeed - the seller may well now be taking advantage of the situation, but it doesn't sound premeditated. More obvious scamming would be meeting at a neutral venue (rather than identifying his home address), using one of those fake apps to give a false impression of what has happened with the bank transfer, handing over a box filled with rubbish rather than the item, etc.
  • Ergates
    Ergates Posts: 3,052 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    shiraz99 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.
    Whilst this reeks of a scam, above all else you must act within the law and in accordance with your bank's terms and conditions.

    Whilst I fully sympathise with your position, as I said earlier, the one and only thing the "seller" has (provably) done wrong is failing to engage with you once the payment had actually reached his account. There is now dialogue of a sort and it is the "seller's" choice as to whether he gives you the laptop (in the condition you agreed to buy it) or a full refund. This is, I'm afraid, his choice.

    Watch out for a different laptop being handed over or for parts, such as the hard disk or SSD, having been removed.

    Best of luck....
    So I was right to suggest it was scam then 😉
    It doesn't sound like a scam at all because it doesn't seem likely that the seller could have set this up in advance.  If the bank hadn't blocked the transfer then what?   How would this "scam" ever have worked out in the sellers favour?  For starters, the OP knows their address.  Were they hoping the OP would just let them keep the money?

    What it sounds like is either some chancer trying to take advantage of a situation (and not thinking it through) or the seller just being too disorganised/lazy and thinking that the OP would happy to wait until they finally got around to dealing with it.
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