Scammed off eBay - any next steps to get my money back?

mojo293

Recently been scammed by an eBay seller, and it's my own fault for taking the transaction off eBay at his request, but it all seemed genuine at the time. Let me explain...

I was looking to buy a rear tailgate spoiler for my car, and found one as part of an ebay listing for the full tailgate. I messaged the seller to ask if he would remove the spoiler and sell it separately as I didn't need the full tailgate. He agreed and said it would cost £95 + postage. I messaged him to ask the postage cost, which he confirmed as £10, so £105 in total. I agreed to this price, and then asked how I would buy it, as the listing and basket on eBay was coming up with the cost for the full tailgate (£155 + £30 postage). He messaged back and said check the listing and contact me. I checked the listing and there was a mobile number, as well as business name/address. So I rang him and spoke to him, and confirmed the price and arrangement. He then said he would text me the details to make payment. I then received a text with his company bank details (name, sort code, account no). I made payment as a money transfer using my Tesco Credit Card, as I believed I would be afforded some protection should anything go wrong. I received notification the payment had been accepted by Tesco Bank, and then the seller told me he'd let me know when he'd received it.

4 working days later, I hadn;t heard from him or received the spoiler. I checked my Tesco CC account which had been debited £105. So I texted him to ask if he had received the payment, which he denied. Said he double checked and no payment from me or for the amount in his bank. So I contacted Tesco Bank who (to cut the story short) confirmed after investigation that as a money transfer, I wasn't covered under section 75 or chargeback, and basically they couldn't get the money back. However they did confirm the payment was received by the bank details he provided me with, two days before I chased him up. I text him again to tell him this, and at this point he began to get abusive in his replies. I have since sent him this letter of proof from Tesco Bank, and requested he refund me within 7 days before I take it further. I have checked companies house, and have his full details (name, business address) so he seems a 'legit' business, and has over 500 feedback on eBay, but also seems to have taken the opportunity to keep my money and deny receiving it.

So basically, this is a vent, but is there anything else I can do to try and get my money back? I have lodged a complaint with Tesco Bank, as there was nothing in any stage of making the money transfer payment, where it told me I wouldn't be covered under the T&C's if anything went wrong. I have reported it through ActionFraud UK, and was considering a small claims court money claim to him. However it's 'only' £105, but it's the principle that this guy can just deny receiving my money, whilst I have proof from tesco that the bank details he provided did receive the money.

Cheers for any advice offered.

Mr.Generous

Where is he based? Turn up and ask for your cash back!!

mojo293

Mr.Generous said:

Where is he based? Turn up and ask for your cash back!!

Unfortunately he is in Birmingham, and I'm in Newcastle.

soolin

Is his feedback etc on eBay good, is he a regular seller of car parts? I ask merely because there was an intercept scam a while ago where genuine sellers had their email hacked and different bank details added so both buyer and seller were effectively scammed. However I don’t think that works any more as most banks require you to confirm the details of the payee and after the usual warnings about watching for scams will only go ahead if details entered match.

As you have found out a bank transfer is effectively the same as sending cash, you have no redress at all, and that does ring alarm bells for me as I would be wary of any legit business expecting cash up front with no protection for an online sale.

However nothing at all to stop you going down the LBA Route (google a template letter) and taking this to small claims. Make sure you keep all traceable messages that you exchanged including the one with details of where to make payment. 

mojo293

Yeah, his eBay feedback is generally positive, member since 2011, 98% positive with only 2 negs in last 12 months due to question over conditions of items/parts he sold.

His listings include business name and address, and a mobile number, hence why I believed it to be genuine enough - my mistake. I've asked him to check with his bank if he believes it to be an error, but he hasn't even said he will do that.

I've raised a complaint with Tesco Bank, partly in the hope they might credit the money back as goodwill gesture, but not holding my breathe. But the fact he hasn't responded to me sending him the letter of proof from Tesco Bank, leads me to believe he's just going to (try to) ignore it, and hence why I'm now considering the LBA / Small claims route.

elsien

He could have relisted the part you wanted without going off eBay. You could mention reporting him to eBay for off site sales as you have the message for proof. That may focus his mind into checking properly with his bank? 

macman

Tesco Bank aren't obliged to tell you that a bank transfer is not reversible and not covered by S75 or chargeback. There is no presumption that a transaction is protected.
You need to send an LBA before you proceed to small claims, so do that first, since the only cost is the postage.
Small claims for £105 is probably not worthwhile, and bear in mind that the majority of CCJ's awarded are never satisfied. You are hardly going to instruct bailiffs for that sum, plus costs.

AmberDepp

The money has gone.

The end.

Sorry to be "harsh" but that's the reality of it.

prowla

Some general thoughts:

• So, you chose to pay "off-piste"and thereby broke your ebay T&Cs and left yourself without without ebay protection.
• I would still raise a dispute with ebay saying that the item has not been received; if there are more of the seller's customers in the same boat, then it could impact their ebay business. Of course, ebay could get the 'ump with you too, but just say that you followed the seller's instructions.
• It's curious that the credit card company won't help in this distance selling issue - I thought that's why you use them instead of debit cards. Are you sure it was a credit card and not a debit card you used?
• If you believe you have been scammed, then report it to Action Fraud; whilst they will probably only act if there are large numbers of issues, you will get a Crime Reference Number, which you can use in discussions with bank, etc.

There is a fair amount of fraud going on these days; trying to get your money back can be a hard-fought battle.

When it happened to me a couple of years ago (not ebay) I managed to find several other people in the same boat and we got our money back. The experience was quite unpleasant and the fraudster seemed to think he had some sort of a hold over me and threatened to come to my house to sort things out F2F (the police were then involved); one of the others told me he had gone to his house and assaulted him in front of his family.

Though it's too late here - my advice is to never pay for items by debit card, bank transfer, PayPal Friends & Family; the con-man is practiced in giving those friendly assurances that all will be good.

macman

He used a bank transfer, as requested by the seller. No comeback.

mojo293

Cheers for the comments. I understand that ultimately I made the payment the way I did, and in the end just pleased it was 'only' £105. However as I said, it was more the principal that I have proof from Tesco Bank (definitely Credit Card, not Debit) that the payment landed in the account he told me to send it to, and he can just deny receiving it, and get away with it. Hence asking if there was any other course to follow.

I'll decide this week if its worth a LBA then small claims, or just write it off to experience. I will contact eBay though and report him, as whilst I agreed to pay off site, it was his initial suggestion to do so, which is also against their rules (asking someone to complete off site). I have also reported this to Action Fraud UK.