Ripped off of 7k by fraudulent misrepresentation

[Deleted User]

soolin said:

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. 

Yes I have just replied stating the GDPR issue and that I have contacted action fraud, solicitor etc.and I will be serving court papers. I have reminded him about the GDPR issue and he still has not addressed it.

I have asked him to take the goods back as they are all faulty. I also have a witness to the receiving of the goods.

He just got angry and threatened police etc.

What a nightmare.

user1977

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?

When have you ever heard of the police enforcing GDPR breaches?

Even if the police viewed it as fraud, they're not going to recover the OP's debt for them - at most it might mean that in months/years to come, there'll eventually be a criminal prosecution.

[Deleted User]

Can I contact a regulated body concerning the GDPR breach? I'm not expecting the police to assist in that....

user1977

Deleted_User said:

Can I contact a regulated body concerning the GDPR breach?

If you like, but if the breach is by a limited company of no substance, I’m not sure how it helps anyone.

MattMattMattUK

Deleted_User said:

soolin said:

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. 

Yes I have just replied stating the GDPR issue and that I have contacted action fraud, solicitor etc.and I will be serving court papers. I have reminded him about the GDPR issue and he still has not addressed it.

Take a moment, breath and approach this rationally. You seem to be full of emotion and making rash decisions, that will not get you any money back and may ultimately cost you more.

Firstly it is not fraud, at least not yet, it is a business dispute about the acceptable quality of second hand goods. Secondly do not get a solicitor involved, they will cost you a lot of money and those costs are not recoverable via a small claims court anyway. Thirdly you need to send him a letter before action first, you cannot just jump to "court papers", you submit a LBA, then you issue a claim via MCOL. I am not sure what you expect to happen by you repeatedly raising the GDPR issue, but as he did not care initially he is unlikely to care about it no matter how many times you bring it up.

Deleted_User said:

I have asked him to take the goods back as they are all faulty. I also have a witness to the receiving of the goods.

The goods are potentially "not as described" not faulty.

Deleted_User said:

He just got angry and threatened police etc.

What a nightmare.

He can threaten alien abduction, but as others have pointed out threatening to call the police is an empty threat, unless you are threatening him.

Deleted_User said:

Can I contact a regulated body concerning the GDPR breach? I'm not expecting the police to assist in that....

You report data breaches to the ICO, but as I pointed out, remember you also have an obligation for the data now you are in possession of the devices, so make sure they are stored correctly and no one else has access to them.

I can see you have a genuine issue here, you may have a potential legal case, but going in all guns blazing, making threats and filling everything with emotion will not get you anywhere, approach it calmly, rationally and logically. 

macman

If you found him'all over the internet' immediately you realised the goods were faulty, then why didn't you do this research before shelling out £7k to him?
This won't help you unfortunately, but it might stop someone else making the same mistake.
Yes, you can take him to small claims, assuming you have a full name and address, but, given his alleged history, a CCJ isn't likely to get you a refund. He may already have a string of them.
This is not a police matter, it's a civil case, unless fraud is proven, so he can threaten whatever he likes. 

[Deleted User]

macman said:

If you found him'all over the internet' immediately you realised the goods were faulty, then why didn't you do this research before shelling out £7k to him?
This won't help you unfortunately, but it might stop someone else making the same mistake.
Yes, you can take him to small claims, assuming you have a full name and address, but, given his alleged history, a CCJ isn't likely to get you a refund. He may already have a string of them.
This is not a police matter, it's a civil case, unless fraud is proven, so he can threaten whatever he likes. 

I looked up the company on companies house. He had an office and i'd visited his house although briefly.
I should have looked into him more:(

soolin

Like the others have said, legal action is always an option but you need to balance that against the likelihood of actually recovering anything and the additional costs you are going to incur. If the seller/business has no funds then there is nothing to recover.

You mention this is ‘all over the internet’ is there anyone you can see that is already taking legal action? 

[Deleted User]

soolin said:

Like the others have said, legal action is always an option but you need to balance that against the likelihood of actually recovering anything and the additional costs you are going to incur. If the seller/business has no funds then there is nothing to recover.

You mention this is ‘all over the internet’ is there anyone you can see that is already taking legal action? 

There are just 100's of different complaints from about about 5 different company's he has wound up. Basically people being sent faulty goods and no recourse. There is one that took court action for a small amount. I contacted him and he said just go through the courts thats all he can say.

user1977

macman said:

Yes, you can take him to small claims, assuming you have a full name and address, but, given his alleged history, a CCJ isn't likely to get you a refund. He may already have a string of them.

The contract appears to be with a limited company though, so "he" and his full name aren't relevant - it's the company details which are (unless there are ground for getting into the realms of wrongful trading etc).