Ripped off of 7k by fraudulent misrepresentation

[Deleted User]

I have unfortunately paid by bank transfer for £7k for a pallet of electrical goods. I have obviously been deliberately defrauded.

I was told they were 14 day non fault returns 90% boxed. They were 90% smashed to pieces or locked with user accounts on. They were pc tablets. Some have peoples information on but 99% are for the trash. This happened yesterday and I immediately did some research and he guy is named in a newspaper as a well known fraudster. He is also all over the internet with 100's of people naming him with awful tales of deception.

I phoned my bank yesterday but they said contact Action Fraud.

I am seriously unwell atm and should have known better. I'm just looking for some calm advice as i'm feeling very distressed.

It is a company which is on companies house but on further investigation it looks like it's being wound up. He has a history of opening company's and going bankrupt owing hundreds of thousands.

He is a local man, I've been to his office and I'm aware of where he lives(If that's not a con too).

I don't know where to go next:(

Thank you in advance

MattMattMattUK

Deleted_User said:

I have unfortunately paid by bank transfer for £7k for a pallet of electrical goods. I have obviously been deliberately defrauded.

I was told they were 14 day non fault returns 90% boxed. They were 90% smashed to pieces or locked with user accounts on. They were pc tablets. Some have peoples information on but 99% are for the trash. This happened yesterday and I immediately did some research and he guy is named in a newspaper as a well known fraudster. He is also all over the internet with 100's of people naming him with awful tales of deception.

I phoned my bank yesterday but they said contact Action Fraud.

I am seriously unwell atm and should have known better. I'm just looking for some calm advice as i'm feeling very distressed.

It is a company which is on companies house but on further investigation it looks like it's being wound up. He has a history of opening company's and going bankrupt owing hundreds of thousands.

He is a local man, I've been to his office and I'm aware of where he lives(If that's not a con too).

I don't know where to go next:(

Thank you in advance

Your only option is to start a legal claim for the money, so letter before action, followed by court action. There are unlikely to be any consumer rights in this situation as it seems like it was a business transaction. Before commencing the legal action you would also need to look at the terms and conditions of the sale and how they relate to the goods received, does the detailed description of the goods match with what you received once they were delivered, what does it say on the invoice? 

As for the prospect of recovering the funds, if it is a Ltd company and it has no funds the chances are very low, although in theory the Director could be personally liable if he was trading whilst insolvent, it does not make recovering the funds likely. 

On what basis were you buying the goods, sole trader or your own limited company?

[Deleted User]

Hi thanks.

I don't have a business I was just going to buy these and attempt to start one on ebay etc.

It looks like I have paid him personally. The transaction has his name and a 'T' afterwards.

The details of the goods were 'non fault 14 day returns' with a list of all the items. They are all faulty and cracked screens.

MattMattMattUK

Deleted_User said:

Hi thanks.

I don't have a business I was just going to buy these and attempt to start one on ebay etc.

That would be a business transaction.

Deleted_User said:

It looks like I have paid him personally. The transaction has his name and a 'T' afterwards.

That may help your case. 

Deleted_User said:

The details of the goods were 'non fault 14 day returns' with a list of all the items. They are all faulty and cracked screens.

The description is rather woolly, that could be the terms that they were returned under even if they are damaged and faulty, however you probably have nothing to lose by trying to get something back.

Send him an Letter Before Action, see what response you get. You can then start the process to obtain a CCJ, it does not mean you will get one, or that he has the funds for you to recover, but the process costs little and you might get somewhere. 

nyermen

One extra thing - possibly just clutching at straws - but if the electronics contains private data, doesn't that breach GDPR (known disclosure is criminal isn't it?).  That could make the police more interested?

[Deleted User]

Thanks, where would I send this to his home address?(presuming that is his home?)

Is there any information for a guide of how to do this? Do I go to the small claims court?

Can I name him here?

soolin

Deleted_User said:

Hi thanks.

I don't have a business I was just going to buy these and attempt to start one on ebay etc.

It looks like I have paid him personally. The transaction has his name and a 'T' afterwards.

The details of the goods were 'non fault 14 day returns' with a list of all the items. They are all faulty and cracked screens.

Then as above you will have a fight on your hands as this is a B2B transaction, although I suspect even it was was a consumer purchase this would still be difficult due to your payment method.

Firstly, how much information can you get about the seller? You need to start screen shotting and saving everything you can, you need a full name and geographic address for starters so check out the details you say you have in your OP, see if you can confirm the address at least.

Realistically though having basically sent 7K to a relative stranger who already looks like they have issues with money etc, I wouldn't hold out much hope of seeing all your money back. It's just a shame that you did the research after paying and not before.

Just one thought, and even this is clutching at straws, when you sent the bank transfer did your bank put any warnings on screen about whether you knew the recipient and were happy to go ahead knowing the money couldn't be reclaimed?  All the banks I use make it near impossible to send money without reading all sorts of warnings about potential scams.

[Deleted User]

nyermen said:

One extra thing - possibly just clutching at straws - but if the electronics contains private data, doesn't that breach GDPR (known disclosure is criminal isn't it?).  That could make the police more interested?

Thanks, I've threatened him with this as a lot of the tablets are accessible with pictures of people, children, general information, emails etc but are of low value and cracked screens. I have not had a reply sense emailing him with this nightmare.

MattMattMattUK

Deleted_User said:

nyermen said:

One extra thing - possibly just clutching at straws - but if the electronics contains private data, doesn't that breach GDPR (known disclosure is criminal isn't it?).  That could make the police more interested?

Thanks, I've threatened him with this as a lot of the tablets are accessible with pictures of people, children, general information, emails etc but are of low value and cracked screens. I have not had a reply sense emailing him with this nightmare.

Remember that you now holding those goods also have a GDPR responsibility, the goods need to be stored securely and you should not allow anyone else access. 

GDPR breaches are not criminal in general, they are unlawful not illegal. 

[Deleted User]

soolin said:

Deleted_User said:

Hi thanks.

I don't have a business I was just going to buy these and attempt to start one on ebay etc.

It looks like I have paid him personally. The transaction has his name and a 'T' afterwards.

The details of the goods were 'non fault 14 day returns' with a list of all the items. They are all faulty and cracked screens.

Then as above you will have a fight on your hands as this is a B2B transaction, although I suspect even it was was a consumer purchase this would still be difficult due to your payment method.

Firstly, how much information can you get about the seller? You need to start screen shotting and saving everything you can, you need a full name and geographic address for starters so check out the details you say you have in your OP, see if you can confirm the address at least.

Realistically though having basically sent 7K to a relative stranger who already looks like they have issues with money etc, I wouldn't hold out much hope of seeing all your money back. It's just a shame that you did the research after paying and not before.

Just one thought, and even this is clutching at straws, when you sent the bank transfer did your bank put any warnings on screen about whether you knew the recipient and were happy to go ahead knowing the money couldn't be reclaimed?  All the banks I use make it near impossible to send money without reading all sorts of warnings about potential scams.

I have been to his home briefly, he is all over the internet with unsatisfied customers. I have now received an email stating that 'how dare I accuse him etc' of this. He is now threatening the police.

soolin

Deleted_User said:

soolin said:

Deleted_User said:

Hi thanks.

I don't have a business I was just going to buy these and attempt to start one on ebay etc.

It looks like I have paid him personally. The transaction has his name and a 'T' afterwards.

The details of the goods were 'non fault 14 day returns' with a list of all the items. They are all faulty and cracked screens.

Then as above you will have a fight on your hands as this is a B2B transaction, although I suspect even it was was a consumer purchase this would still be difficult due to your payment method.

Firstly, how much information can you get about the seller? You need to start screen shotting and saving everything you can, you need a full name and geographic address for starters so check out the details you say you have in your OP, see if you can confirm the address at least.

Realistically though having basically sent 7K to a relative stranger who already looks like they have issues with money etc, I wouldn't hold out much hope of seeing all your money back. It's just a shame that you did the research after paying and not before.

Just one thought, and even this is clutching at straws, when you sent the bank transfer did your bank put any warnings on screen about whether you knew the recipient and were happy to go ahead knowing the money couldn't be reclaimed?  All the banks I use make it near impossible to send money without reading all sorts of warnings about potential scams.

I have been to his home briefly, he is all over the internet with unsatisfied customers. I have now received an email stating that 'how dare I accuse him etc' of this. He is now threatening the police.

Obviously we are not party to the correspondence, but just keep it civil, state your facts without being overly emotional (don't mention being unwell as it doesn't impact on the situation at all). Just keep insisting that the goods are definitely not as described. If he wants to get the police involved, let him, as long as you have been civil you have absolutely nothing to worry about. He will be the one getting a 'chat' about wasting police time.