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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 7524
Experience:  Senior Associate Solicitor
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Seller on ebay took £950 deposit into a Barclays a/c no.

Customer Question

Seller on ebay took £950 deposit into a Barclays a/c no. 00252018 sort code 20-07-89 on 4th Feb 2020 an Arranged inspection of advertised Nissan Navarra vehicle on Sunday 9th Feb. at address
1 Parker Close Eastbourne BN212RG He never showed up - house was empty. Contacted next door neighbour who explained that we were the 4th person to arrive to find out that there was no vehicle and that it was a scam on Ebay . What do I do now?
Submitted: 10 days ago.
Category: Law
Expert:  JimLawyer replied 10 days ago.

Hello, this is Jim and I am a dual-qualified lawyer (UK & Republic of Ireland) happy to help you today.

Have you reported this to your bank? They should be able to charge back the monies as you are within 120 days. Most banks allow a charge-back and this may result in a reimbursement. You should also ring the Police on the 101 number as you have been defrauded - they may be able to recover your money. So do these two things before anything else (ring the bank and the Police).

If neither can help then you would have to trace the seller and sue them - you would need their address and if they used a bogus address (which they seem to have done) then you would need to use a tracing agency such as www.bnhassociates.com

One you have their address I would recommend that you send them a formal letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You will need to register at www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (£60 based on a claim for £950) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), apply to summons them to court for questioning, attachment of earnings order against his employer (if employed) - all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim


Customer: replied 10 days ago.
Sussex Police informrd, Lloyds Bank Informed and ActionFraud informed All havr given case Ref. Nos. We have no legitimate address for the scammer as the one supplied was false.
Expert:  JimLawyer replied 10 days ago.

Thanks, you can try the tracing agency but I would press the bank for a refund first of all as this is your best chance of recovering the money.

Expert:  JimLawyer replied 8 days ago.

Hi, I hope I’ve answered your question. Please let me know if anything requires clarification.

In the meantime if you could either leave a star rating, or reply “yes”, I would be very grateful.

Many thanks,

Jim