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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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purchases second hand engine via e bay paid £1660 by bacs.

Customer Question

purchases second hand engine via e bay paid £1660 by bacs. never received engine spoke to banks, placed as fraud with metropolian police no communication at prsesnt can you advice
Arthur Peck
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

May I ask when you purchased the engine please?

Joshua :

Do you have the name of the seller and their address?

Joshua :

Did you pay any part of the money by credit card? May I ask why you paid by BACS as opposed to using Ebay's payal system?

JACUSTOMER-5vs4jr9d- :

purchase on 10/03/15

JACUSTOMER-5vs4jr9d- :

to a person name of Lee at Van spares 2u uk limityed. Al;though a secon company name wqas found as German Van

Joshua :

Thank you. Finally - do you have a link to the listing on EBay? What name did you specify on the BACS payment and did you make any part of the payment on credit card to the seller or all by BACS?

JACUSTOMER-5vs4jr9d- :

PURCHASE WAS MADE ON10/03/15 UNFORTUNATLY BY BACS TO A PERSON NAME LEE. FROM VAN SPARES 2U UK LIMITED. ALTHOUGH HAVE FOUND ANOTHER NAME CALLED GERMAN VAN PARTS 2015E-BAY REF1-46173741430 TEL *********** NATIONAL CRIME REFERENCE NO NFRC150300976881

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 3 other Law Specialists are ready to help you
Expert:  Joshua replied 1 year ago.
Thank you for your rating. Unfortunatly rating my reply ends the chat session but we can continue as question and answer here:

Thank you for the above. Finally - do you have a link to the listing on EBay? What name did you specify on the BACS payment (Lee Something?) and did you make any part of the payment on credit card to the seller or all by BACS?

Customer: replied 1 year ago.

ALL PAID VIA BACS IN THE NAME OF VAN SPARES 2U UK LIMITED

ARTHUR

Expert:  Joshua replied 1 year ago.
Thank you. I have managed to find company information on Companies House using the above information. Unfortunately the position does not look good. aying by BACS is very dangerous because it there is no way of getting your money back other than from the person you sent money to in most cases. This means you place a lot of trust in the person you are dealing with.

Looking at company house records there is a proposal to stike off the company - this means the owner(s) of the company have proposed to wind up the company. If your contract is with the company and the company is wound up there is no company for you to retrieve your money from. Therefore it is important first of all to contact Companies House and object to the striking off of the company because the company owes you money. They cannot wind up the company if there are outstanding debtors.

You can do so by email initialy by contacting [email protected] in relation to the below company and explaining that the company owes you £xx for breach of contract and that you object to the striking off of the company. It is important to do this as soon as possible. You can also contact companies house by phone if you prefer on 0303(###) ###-####br/>
VAN SPARES 2U UK LIMITED
7 ST PETERSGATE
STOCKPORT
CHESHIRE
UNITED KINGDOM
SK1 1EB
Company No. 08141135

From there you will need to decide how best to claim back your money. First you need to ascertain with whom you have a contract by obtaining the sellers information from EBay. You can do this using the following instructions:
http://pages.ebay.co.uk/help/search/members.html

If this comes back with the Limited company information then your contract is with the above limited company. If this reveals a person rather than the limited company you could try to argue a contract with the person not the limited company but this may be hampered by the fact that you paid the limited company.

If the limited company is insolvent (has more debts than assets) it may be difficult to recover all of your money. However if the owners of the company have simply transfered your money out of the company and are now trying to shut it down it may be possible to reclaim it from the owners.

There are two ways you can attempt to recover your money from the company or individual as above (remembering to object to the striking off of the company as soon as possible). The first is by issuing proceedings using the small claims court:
https://www.moneyclaim.gov.uk/web/mcol/welcome

This should be a straightforward claim but you will need to balance the costs of issuing the claim against the company potentially not having sufficient funds to pay you. Alternatively you could await potential insolvency proceedings where the company is wound up by an administrator. He will take control of the company assets and pay out to all creditors what he can from available funds. Unfortunately commonly creditors do not recover all of their money under insolvency but it may be possible to claim back some.

To protect yourself in the future ensure you always pay by credit card (or failing this debit card which is not as good as credit card but does offer some protection for the first 3-6 months). Paying by credit card (even if you only pay a small balance by card and the balance by cash etc, gives you protection from the card company for the entire balance you pay. On Ebay use the Paypal system and then Ebay will normally also provide a money back guarantee. None of this is helpful to this situation but hopefully would avoid any further repeat in the future.

By taking the above steps though you may be able to recover some of your money or the engine you purchased however.
Customer: replied 1 year ago.

  1. Cool MANY THANKS ***** YOU HAVE SUGGESTED

Expert:  Joshua replied 1 year ago.
Good luck and please let me know if I can assist any further.

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