Ripped off of 7k by fraudulent misrepresentation

Aylesbury_Duck

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.

No, it's not whether you are a business, it's that you bought them in a business capacity.  If I head to a plumber's merchant and buy a pallet of taps that I intend to sell to people on eBay, I can't then exercise consumer rights against the merchant even if I decide to keep the taps to fit all over my house instead.  The contract was a B2B one, even though I haven't registered myself as a business and have decided not to sell them on, and so my rights are contractual rather than those covered by consumer rights legislation.

[Deleted User]

Aylesbury_Duck 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.

No, it's not whether you are a business, it's that you bought them in a business capacity.  If I head to a plumber's merchant and buy a pallet of taps that I intend to sell to people on eBay, I can't then exercise consumer rights against the merchant even if I decide to keep the taps to fit all over my house instead.  The contract was a B2B one, even though I haven't registered myself as a business and have decided not to sell them on, and so my rights are contractual rather than those covered by consumer rights legislation.

no worries i'll take your comments on board. Thanks

Manxman_in_exile

This is what has got me hooked on this thread...

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...

Mr.Generous

Manxman_in_exile said:

This is what has got me hooked on this thread...

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...

Its Boris.  Has to be.  Knew he had a new gig after the PM thing went belly up.

Aylesbury_Duck

Mr.Generous said:

Manxman_in_exile said:

This is what has got me hooked on this thread...

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...

Its Boris.  Has to be.  Knew he had a new gig after the PM thing went belly up.

Sounds too honest to be him.  And more competent.

SpudGunPaul

Your bank were wrong to suggest Action Fraud, you know who the offender is and the force area he trades of so that makes it a police matter. They however won't get your money back. 

SpudGunPaul

user1977 said:

You could try advertising it for sale, and see if you can find somebody gullible to buy it...

Rodney Trotter and broken lawnmower engines comes to mind. 

SpudGunPaul

Dataless 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.

The Police do not enforce civil matters such as slander, but they do investigate scammers via Action Fraud et al, it has to be said that Action Fraud is nothing more than a useless database where even the most obvious data is not collected.  

What will get Action Fraud to consider getting involved is if you reach out to all of those who have written reviews and get them all to complain in concert, get them to write to their MP asking them to pressure Action Fraud because they are obviously a prolific scammer. You would provide the evidence.

Action Fraud don't investigate or prosecute, if there is a fraud here it's a police matter. 

SpudGunPaul

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.

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

So you weren't going to make a gain from the sale?

In that case how were you defrauded?

SpudGunPaul

Deleted_User said:

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.

That's if his limited company still exists come the time for court.