Ripped off of 7k by fraudulent misrepresentation

powerful_Rogue

Deleted_User said:

powerful_Rogue said:

Dataless said:

Deleted_User said:

Dataless said:

MattMattMattUK said:

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?

People say business transactions are not covered by the Consumer Rights Act (2015) but they ARE covered by the Sale of Goods Act (1978) which remains in force and has more or less the same "fit for purpose" "as described" etc but a companies terms and conditions play more of a part.

You are right about the LTD company being easy to wind up, it would turn on the name on the bank account it was paid into.

If I gave you this guys name you would be shocked. I obviously can't.

It was paid into his named account. i.e. 'his name'- trading as 'name'. There is no trace of this name on companies hoise.

I presume he is down as a sole trader as the the last company was wound and anything left was 'The Crowns' property. This is on company's house.

Anyway I think court is the only option....

That is great, you have a personal action against him, that changes everything.  It means you can gather all your evidence and go to the small claims court, If the account says "Trading As" that makes him trading as a business, but you could easily be a hobbyist, looking to get things working for you, maybe you sell a few things on ebay but that does not make you a trader.

So you would make your Particulars of Claim use both the Consumer Rights Act (2015) and/or the Sale of Goods Act 1979 and let the Judge decide

You could call LBC Radio Consumer Lawyer on tonight at 9pm, Dean or Daniel I think.

Feel free to PM me his name and the names of any companies, probably won't help your case but might spot something or just be curious what footprints he leaves online. 

That wouldn't be true though, OP has already stated he has purchased these to sell them as a business on ebay.

I said I was going to give it a go. I have a normal job too....

Doesn't matter, if you buy to sell, you are acting as a business.

[Deleted User]

powerful_Rogue said:

Deleted_User said:

powerful_Rogue said:

Dataless said:

Deleted_User said:

Dataless said:

MattMattMattUK said:

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?

People say business transactions are not covered by the Consumer Rights Act (2015) but they ARE covered by the Sale of Goods Act (1978) which remains in force and has more or less the same "fit for purpose" "as described" etc but a companies terms and conditions play more of a part.

You are right about the LTD company being easy to wind up, it would turn on the name on the bank account it was paid into.

If I gave you this guys name you would be shocked. I obviously can't.

It was paid into his named account. i.e. 'his name'- trading as 'name'. There is no trace of this name on companies hoise.

I presume he is down as a sole trader as the the last company was wound and anything left was 'The Crowns' property. This is on company's house.

Anyway I think court is the only option....

That is great, you have a personal action against him, that changes everything.  It means you can gather all your evidence and go to the small claims court, If the account says "Trading As" that makes him trading as a business, but you could easily be a hobbyist, looking to get things working for you, maybe you sell a few things on ebay but that does not make you a trader.

So you would make your Particulars of Claim use both the Consumer Rights Act (2015) and/or the Sale of Goods Act 1979 and let the Judge decide

You could call LBC Radio Consumer Lawyer on tonight at 9pm, Dean or Daniel I think.

Feel free to PM me his name and the names of any companies, probably won't help your case but might spot something or just be curious what footprints he leaves online. 

That wouldn't be true though, OP has already stated he has purchased these to sell them as a business on ebay.

I said I was going to give it a go. I have a normal job too....

Doesn't matter, if you buy to sell, you are acting as a business.

We shall see.I am not a business and I am obviously yet to sell any....

[Deleted User]

powerful_Rogue said:

Deleted_User said:

powerful_Rogue said:

Dataless said:

Deleted_User said:

Dataless said:

MattMattMattUK said:

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?

People say business transactions are not covered by the Consumer Rights Act (2015) but they ARE covered by the Sale of Goods Act (1978) which remains in force and has more or less the same "fit for purpose" "as described" etc but a companies terms and conditions play more of a part.

You are right about the LTD company being easy to wind up, it would turn on the name on the bank account it was paid into.

If I gave you this guys name you would be shocked. I obviously can't.

It was paid into his named account. i.e. 'his name'- trading as 'name'. There is no trace of this name on companies hoise.

I presume he is down as a sole trader as the the last company was wound and anything left was 'The Crowns' property. This is on company's house.

Anyway I think court is the only option....

That is great, you have a personal action against him, that changes everything.  It means you can gather all your evidence and go to the small claims court, If the account says "Trading As" that makes him trading as a business, but you could easily be a hobbyist, looking to get things working for you, maybe you sell a few things on ebay but that does not make you a trader.

So you would make your Particulars of Claim use both the Consumer Rights Act (2015) and/or the Sale of Goods Act 1979 and let the Judge decide

You could call LBC Radio Consumer Lawyer on tonight at 9pm, Dean or Daniel I think.

Feel free to PM me his name and the names of any companies, probably won't help your case but might spot something or just be curious what footprints he leaves online. 

That wouldn't be true though, OP has already stated he has purchased these to sell them as a business on ebay.

I said I was going to give it a go. I have a normal job too....

Doesn't matter, if you buy to sell, you are acting as a business.

Just because I debated selling some things online but have not sold any this does not make me a business. 

eskbanker

How many tablets did you get for your £7K?  It seems likely to be a quantity that would lead to the conclusion that you were buying to resell, and therefore regarded as a business, albeit not a successful one (yet)....

powerful_Rogue

You said you purchased the £7000 worth of items to sell on ebay - You were acting as a business. Let's not start shying away from the truth now.

Deleted_User said:

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

Aylesbury_Duck

Deleted_User said:

powerful_Rogue said:

Deleted_User said:

powerful_Rogue said:

Dataless said:

Deleted_User said:

Dataless said:

MattMattMattUK said:

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?

People say business transactions are not covered by the Consumer Rights Act (2015) but they ARE covered by the Sale of Goods Act (1978) which remains in force and has more or less the same "fit for purpose" "as described" etc but a companies terms and conditions play more of a part.

You are right about the LTD company being easy to wind up, it would turn on the name on the bank account it was paid into.

If I gave you this guys name you would be shocked. I obviously can't.

It was paid into his named account. i.e. 'his name'- trading as 'name'. There is no trace of this name on companies hoise.

I presume he is down as a sole trader as the the last company was wound and anything left was 'The Crowns' property. This is on company's house.

Anyway I think court is the only option....

That is great, you have a personal action against him, that changes everything.  It means you can gather all your evidence and go to the small claims court, If the account says "Trading As" that makes him trading as a business, but you could easily be a hobbyist, looking to get things working for you, maybe you sell a few things on ebay but that does not make you a trader.

So you would make your Particulars of Claim use both the Consumer Rights Act (2015) and/or the Sale of Goods Act 1979 and let the Judge decide

You could call LBC Radio Consumer Lawyer on tonight at 9pm, Dean or Daniel I think.

Feel free to PM me his name and the names of any companies, probably won't help your case but might spot something or just be curious what footprints he leaves online. 

That wouldn't be true though, OP has already stated he has purchased these to sell them as a business on ebay.

I said I was going to give it a go. I have a normal job too....

Doesn't matter, if you buy to sell, you are acting as a business.

We shall see.I am not a business and I am obviously yet to sell any....

There's no "we shall see" about it, you're acting as a business and no court is likely to believe you bought a pallet of old devices for hobby purposes.  You've also spilled all sorts of information on here that if your seller has anything about him, he'll know is you and have your admission you're acting in a business capacity.

Honestly, and this is going to come across harshly but there's no better way of putting it, you're trying to be too clever, which is arguably what got you into this position in the first place.  Just focus on the matter at hand, which is to serve a letter before action, and get all your evidence together for what looks like a very good claim case.  Cut out the super-sleuthing and trying to be tricksy with your intent, it'll get you nowhere.

[Deleted User]

It's debatable whether I am a business or not.I had the intention to try yes. Unfortunately It won't be happening. I'll stick to my 9-5 job.

eskbanker

Deleted_User said:

It's debatable whether I am a business or not.I had the intention to try yes. Unfortunately It won't be happening. I'll stick to my 9-5 job.

But the fact remains that an industrial quantity of tech can't be credibly claimed to be a consumer purchase, regardless of whether or not you actually managed to resell it.

[Deleted User]

eskbanker said:

Deleted_User said:

It's debatable whether I am a business or not.I had the intention to try yes. Unfortunately It won't be happening. I'll stick to my 9-5 job.

But the fact remains that an industrial quantity of tech can't be credibly claimed to be a consumer purchase, regardless of whether or not you actually managed to resell it.

No worries. I'm best to stick to what happened in the exchange of emails. I'll try my luck in court.
Any judge will hopefully understand my predicament. Onwards and upwards.

[Deleted User]

Aylesbury_Duck said:

Deleted_User said:

powerful_Rogue said:

Deleted_User said:

powerful_Rogue said:

Dataless said:

Deleted_User said:

Dataless said:

MattMattMattUK said:

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?

People say business transactions are not covered by the Consumer Rights Act (2015) but they ARE covered by the Sale of Goods Act (1978) which remains in force and has more or less the same "fit for purpose" "as described" etc but a companies terms and conditions play more of a part.

You are right about the LTD company being easy to wind up, it would turn on the name on the bank account it was paid into.

If I gave you this guys name you would be shocked. I obviously can't.

It was paid into his named account. i.e. 'his name'- trading as 'name'. There is no trace of this name on companies hoise.

I presume he is down as a sole trader as the the last company was wound and anything left was 'The Crowns' property. This is on company's house.

Anyway I think court is the only option....

That is great, you have a personal action against him, that changes everything.  It means you can gather all your evidence and go to the small claims court, If the account says "Trading As" that makes him trading as a business, but you could easily be a hobbyist, looking to get things working for you, maybe you sell a few things on ebay but that does not make you a trader.

So you would make your Particulars of Claim use both the Consumer Rights Act (2015) and/or the Sale of Goods Act 1979 and let the Judge decide

You could call LBC Radio Consumer Lawyer on tonight at 9pm, Dean or Daniel I think.

Feel free to PM me his name and the names of any companies, probably won't help your case but might spot something or just be curious what footprints he leaves online. 

That wouldn't be true though, OP has already stated he has purchased these to sell them as a business on ebay.

I said I was going to give it a go. I have a normal job too....

Doesn't matter, if you buy to sell, you are acting as a business.

We shall see.I am not a business and I am obviously yet to sell any....

There's no "we shall see" about it, you're acting as a business and no court is likely to believe you bought a pallet of old devices for hobby purposes.  You've also spilled all sorts of information on here that if your seller has anything about him, he'll know is you and have your admission you're acting in a business capacity.

Honestly, and this is going to come across harshly but there's no better way of putting it, you're trying to be too clever, which is arguably what got you into this position in the first place.  Just focus on the matter at hand, which is to serve a letter before action, and get all your evidence together for what looks like a very good claim case.  Cut out the super-sleuthing and trying to be tricksy with your intent, it'll get you nowhere.

Gotcha i'll stick to the court route. Thank you