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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I saw a laptop in eBay and contacted the seller and said I

Customer Question

I saw a laptop in eBay and contacted the seller and said I will do the transaction outside eBay and so I transferred him the money via bank transfer. I received the goods but was damaged and I wanted to return it but the seller was saying no return and the laptop was in perfect working condition.
Can I go and file a case against this person for fraud? Can police trace the sellers address through his bank?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

Yes, You may report the person to the police for fraud and give them his bank details and evidence of your bank transfer to him.

The Fraud Act 2006 makes it a criminal offence for the seller to do what he did, see below:

2Fraud by false representation

(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.
(2)A representation is false if—
(a)it is untrue or misleading, and
(b)the person making it knows that it is, or might be, untrue or misleading.
(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—
(a)the person making the representation, or
(b)any other person.
(4)A representation may be express or implied.
(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

Hope this helps

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