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- Is the seller claims true?
- does this constitute theft?
- Would the police be after me given I won the item fair and square and paid for it?
- Would I be liable to return the item back to the seller?
Do I or the person who I sold that voucher to have any financial liabilities towards the first seller who sold the item under the impression it has £179 on it when it actually had £3179?
The seller sold the item stating it had £179 so technically he has miss represented the value of the voucher. The voucher I bought turns out to have £3179.
Why would it be considered theft if he sent it to me willingly ? and I bought it ?
Also, The seller is not expecting I would send the voucher back to him after using £179 of it out of the £3179. He sold me the whole voucher and miss represented or was ignorant of its value.
Would the police act against me even though I have made contact with the seller to resolve it within 3 days?
Would that still be grounds to constitute as theft if I am working to sort this out and repay?
It was on ebay.
Is this actually theft??
The seller sold me a jewellery voucher for what was on it.
He claimed it had £179 only, but turns out it had more.
We did not have prior arrangement not to spend over £179 or anything he was ignorant of the fact of how much it was worth.
I think similarly if someone sold a coin for £1 that turns out to be a gold coin worth £1000
isn't it? How is that different?
Also, it was only when the card was presented at the cashier did the transaction go through without asking for additional money.
What would the police do? and since he reported, what difference would it make if I contacted him and resolved it? since its just been 3 days?
There would be a sentence??
If he reported it already, would he be able to retract it??
Say if he re written the receipt with the date agreeing to sell the whole 3000 worth of credit on the voucher?
I have not spent it knowingly its a voucher.
bear in mind I did not get the change to RETURN it. So how would that be considered theft??
I will rephrase my question:
What I meant was, if I get in contact with the buyer and he re-sells me the remainder of the voucher the £3000 on it and I pay him for it. Obviously it means I paid him back for whatever was used in error and no dishonest was intended as there was a purchase in the jewellery store and the cashier took the whole money from the voucher without asking for any further balance in cash. So it seemed the voucher had enough to cover the purchase.
The question is if the seller sells the voucher again to me and back dates the receipt to reflect the true figures rather than his erroneous figure, then would that still be considered theft given I bought the whole amount fair and square? in that case would he be able to retract the report being an error on his side?
What sort of sentence would I be looking at knowing I did not act in dishonesty and three days later I am happy to reimburse the person the monies spent on the voucher (which were already there) without him knowing so.
Surely there is some sort of negligence on his side for sending a c voucher without checking how much was on it.
Can't he contact the police and inform them he miss-reported and that this is no longer considered theft?
What guarantees have I got if I offered and contacted the seller and offered to pay him the monies and settle this matter that he would not then after it go to the police and file a report against me??
What should I ask as guarantees or papers so that future claims or reports to the police would be invalid?
Yes I still need help. Perhaps you can read through the thread and answer accordingly to my enquiry. The previous expect provided no exit to the problem I am in it seems and just provided a verdict that this is pure theft, perhaps not aware fully there is a voucher involved whereby you did not know the value of until you bought an item and the cashier processed the transaction. You assumed since its a card provided by an insurance and the ownership presumably transferred from the seller to yourself, then if the card is over drawn or over spent then you would be contacted to settle it.
This all happen in a matter of 2 weeks.
I have requested the seller number of ebay, which I got and tried contacting him this morning with no reply. I have emailed him on ebay as well last night and still waiting for an answer. my reply was 3 days after his threat email, I am afraid he might have reported it to the police already and afraid there maybe a sentence involved when 1. I don't see a dishonesty element to constitute theft since I am paying them back for the over spent on the voucher. 2. no intention of theft what so ever.
I was sold a card and told it has 179, but it seemed it had £3179 - the deal was't to return the card back, according to the seller it seems the insurance company added a further 3000 to that card when he should of informed them to transfer ownership of that card to me since its sold and no further credit added.
When I made the purchase and it went through; I thought this is a technical error perhaps and the insurance company are ought to contact me to pay the difference which I was expecting anyway as I have the funds (less 15% discount as they do) ( I didn't use the full £3179) I did not know its still in the sellers hand and his liability, but wouldn't mind rectifying it to whomever. I was never informed to use £179 out of whatever is on the card it was straight forward bid of a card of this much is up for grabs and I won the bid.
What would I be facing here given I have been in contact to rectify this and not being dishonest or intentionally stealing?
Do I face a sentence and imprisonment? if so How long?? I am freaking out here as this is the first time such thing happens to me. Is there a way I can defend this?
I did not intentionally receive it knowing that this is how much is in it. It looks like a magnetic card with no indication what so ever on it of how much is on it unless you walk in a shop and make a purchase.
am I right to understand even given these circumstances there is a case against me?? this looks more like a set up ?!
Are you also saying I have no argument to get myself out of this?
Given I have contacted the seller and looking to pay off whatever extra used out f his voucher?
Is it clear that there is no dishonest element or an intentional theft element in this?
Does that mean I have no argument to show honesty?
DO I not have argument at all to get out of this?
In fact evidence on paper that came with the card shows the credit of £179 with confirmation letters from the insurance company stating £179 with a very recent date.
It was only after merchant charged the card was I aware: 1. Either it went withdrawn and I am due to receive a statement to pay that or need to contact the seller to let them know.
I have contacted the seller.
How would they provide evidence of dishonesty?
can you please address my questions and provide clearer answers please.
1 - What guarantees have I got if contacted the seller and offered to pay him the monies and settle this matter that he would not then pursue this matter with the police and file a report against me?? Can I ask him to write a letter that if paid he wouldn't report to the police? Bear in mind he said if I do not contact him he will report it to the police, which I did and we agreed a settlement already now.
- 2 If this gets to the police, DO I not have argument at all to get out of this?
3 - You say I have wrongfully received the credit and did not return it, but I am in the process of returning it by paying for it - that is because I had no idea and there is no indication of me knowing there was a credit on that card that did not belong to me as the papers that came with the card state others and only highlight £179.
Sorry for the misunderstanding, I will rephrase the question:
1) The seller says, if I settle this matter with him, he will not report it to the police. How do I guarantee that? Can I take written evidence from him stating that He shall not pursue this with the police? Re-write the original receipt and amend it to reflect the whole amount rather than the £179 apparently we both thought was the only amount on the card?
Question is what would he benefit from that?