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How can I legally get my money back?
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How can I legally get my money back?

Early this year I was aproached by a 'friend' who explained that he had bought a 'job lot' of 60 inch LCD televisions from a customs and excise auction and was I interested in buying one from him. The televisions in question normally retailed at nearly £3000 but I could buy one from him for £800, I also had a friend who was interested in one and we evetually handed over a deposit of £400 each in cash.
After many promises and failed deliveries the televisions failed to materialise and we realised that we had been 'conned'. My 'friend' who was supposed to supply the televisions eventually wrote me a cheque for £1000 (including £200 offered for inconvenience) which failed to clear (I still have the cheque) and has since returned £140 to me in cash.
I have kept many text messages which he sent me which prove that he failed to deliver the goods and promising to repay the money but unfortunately I never received a receipt for the deposits and there was never anything put in writing !
I have since found out that this isn't the first time that he has conned money out of people that he knows and have discovered several people that in total are owed approximately £3500.
I have spoken to the police but they say that as there is no receipt or documentation then no law has been broken and it is probably a civil matter rather than a criminal matter !
Can anybody give me any advise as to how to get mine and my friends money back ?


    




2009-11-24 15:25:11 +0000
Rating
Agree with the others - your recourse is small claims court. Could be framed as breach of contract, conversion, fraud, etc.

Whether or not it's worth it is another matter.


2009-11-24 15:15:33 +0000
Rating
Have you considered a claim against him through the Small Claims Court. That's assuming there is any money to claim!! Go here for information and help.

https://www.moneyclaim.gov.uk/csmco2/index.jsp


2009-11-24 15:11:26 +0000
Rating
In the end you'll have to sue, though if he has no means and no money that might be a bit pointless I'm afraid.


2009-11-24 15:29:58 +0000
If the cheque failed to clear, he could be charged with "uttering a false cheque", it's against the law to give out a cheque knowing it cannot be honoured, have you to;ld the police this.
Anyway hope you've learnt your lesson, trying to deal in goods " fallen off the back of the lorry" is never a good idea, if not downright illegal.
You thought you could get a stolen television cheaply, I'd call it "the biter bit!", wouldn't you?
I would be most surprised if you had actually spoken to the police.
"If you wish to sup with the devil use a long spoon!"


2009-11-24 17:27:47 +0000
Rating
The police won't get involved and if they did, you still would not get your money back.

You can simply sue on the dishonoured cheque, without the necessity to prove the reasons for the cheque and so on and so forth. So forget breaches of contract etc etc. - not necessary.

There is no defence to a bounced cheque action. Once you get judgement, you can then apply to bankrupt him if he fails to pay, or send in the bailiffs.


2009-11-24 16:09:35 +0000
Rating
Firstly, never trust offers which seem too good to be true. If someone is offering to sell something like a television for £1200 less than the commercial price, then alarm bells should be ringing. Is it a con? Are they stolen? If the money has been taken from you you have been a victim of a crime. This is clearly a fraud.


2009-11-24 15:15:27 +0000
obviously something dodgy going on, if the police are not interested, I don't think they could be stolen, I don't think you will get your money back by the sound of things though. You could keep on at him and see if you could get any more cash out of him,failing that have his legs broke





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