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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, I have been scamed on internet. I thought i was buying

Resolved Question:

Hi, I have been scamed on internet. I thought i was buying a car through ebay but it appeared it was a mirror site and i transfered (BACS transfer) £5000 to a thieves account (Barclays) a few month back. The Bank said they took all reasonable steps to make sure they opened this account checking the person was genuine and ebay hides itself behind the fact that the transaction hasn't occured on its site. Ebay knew I was in contact with this seller as i asked additional photographs of the vehicle prior to proceed with the payment through their messaging service. They blocked the add realising it was a scame a day before i transfered the money. To me they should have tried to contact me to warn me as they know i try to get in touch with the seller.
Would you advise me to sue ebay for lack of customer care as well as Barclays for opening a bank account that wasn't meant to be opened?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
What are you saying that Barclays did not do that they should have?
Customer: replied 2 years ago.

This i am not sure.

I presumed that when you try to open an account, you need to show proof of identity, proof of address etc. the account i have transfered the money was a scam. see link below.

http://ebayscamhunter.blogspot.co.uk/2013/07/known-scammer-bank-accounts_1.html

Do you think it is possible that Barclays might not have taken all precaution when opening this bank account?

Expert:  Ash replied 2 years ago.
Even if that was the case, you have no contract with Barclays.
You initiated the transfer, Barclays did not make you. I am not quite sure how you think Barclays are liable to you directly?
Customer: replied 2 years ago.

ok.

No problem. Let's forget about blaming Barclays then.

Do you think i have a chance in arguing the fact that eBay should have taken more care and try to contacting me after removing the add from their site before i made the bank transfer?

Expert:  Ash replied 2 years ago.
I think the difficulty with Barclays is that you have no contract. If you were going to pursue for negligence then you would need to establish that they owe YOU a duty of care. They do not. they did not make you transfer the money, you chose to do that.
Even with Ebay I am not sure you have a claim against then. Are you suggesting that when they remove an ad they should email you and say please don't transfer the money? I did think that when an item was removed there was an automatic email saying that the listing had been removed.
I am sure they do that. If so (and you also need to check your Ebay messages) then you do not have a claim. Even if you did have a claim if I recall Ebay are registered outside of the UK. This means you would generally need to sue them in the Country which they are registered.
Even if it went to Court a Judge would ask, why did you send £5,000 for something which you did not know existed? Did you not have the name and address of the seller? Did you not look at the vehicle before purchase? Did you have a signed contract?
If the answer to this is no then any award would be reduced for contributory fault. It would appear on the face of it you sent £5000 to someone you didn't know existed for a vehicle that you had never seen, not knowing the sellers details or having a contract.
However I would also report this to the Police as the bank account can be traced and Action Fraud.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thanks Alex.

It is indeed not the answer I was expecting but you have been honest and very clear.

I shall try to let go.

Best,

Boris

Expert:  Ash replied 2 years ago.
I am sorry Boris.
But the Police and Action Fraud. All I would say is remember this in future.
I am sorry.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.