online fraud / ebay, moneygram, UK

[HuebyStang]

Hi everyone! Well, after reading the post below on UK, etc. online fraud scams I might be worse off than I thought...............

I found a car part on EBay and I contacted the seller about it. He ended the bid early, and I was sent a (now I know it's fake) transaction/payment e-mail explaining I was protected and how to pay, etc. After sending payment, $1500.00, through Moneygram I have not heard anything from the seller. I was scammed.

The seller's info is: Jeremy Andrew Duval, 246 York Road , Leeds , United Kingdom, LS99BP

I am located in the St. Louis, MO USA area. I have filed a internet fraud claim. I was wondering if I can file a small claims somehow, or do something? What are my options, if any???

I do have all e-mails, receipts, etc. for evidence if that helps.

 

[HuebyStang]

Does anyone know if I can file a small claims lawsuit to some one overseas? It seems it might be a waste anyway, as the contact info is probably totally fake anyway too...

 

[Dutchie]

Ebay Fraud Moneygram

Through EBay I bought a Krell SACD player last week and paid 900 pounds with moneygram. That was the end of contact with seller. Looks like the same scam. Here is some of his lingo (note the small i's):

Here's what you have to do if you want to make the deal with me:
You must go to an MoneyGram office to make the payment on my name and address, after you made the payment people from moneygram will give you a Reference Number (Transfer # ), you must mail me this number and if everything it's fine i will go right away to UPS service to make the delivery on your name and address:
After that i will send you immediately the tracking number and scanned paper from UPS service in your e-mail to see that the player is in your way.
Here's my full name and address for Moneygram :
Name:Tom Kilmer
Address:89 WOOLTON ROAD
City:LIVERPOOL
Country:UNITED KINGDOM
Zip:L19 6PL[/COLOR]
This scam's email address is: kilmer231tom@yahoo.co.uk

Last week he was selling a Sony Amp on Ebay with a new alias:
> Ok , so all you have to do is to go at
> www.westernunion.com and use from their home page
> the "Find Agent Location" option for locating the
> closest agent to you, after that go there with your
> ID card and with cash (credit card will not be
> accepted) and tell the agent you want to send money
> to the following name/adress (he will help you with
> all),
>
> Nameavid Ducworth
> Address : 335/337 UNION ST
> City: Aberdeen
> Zip:AB11 6NP
> Country:United Kingdom

Email address: riouurm@yahoo.com

For sure this is the same guy. If you recognize this style of writing and profile, please let me know, so we can build up a case.
Big question is: how can we get the police to work at this? Dutch police will not even register this fraud (state that this is a "civil" case, not a police matter). They said, that even if I could register, they would do nothing!

 

[Michael Wechsler]

That is an unfortunate fact -- that the Dutch police won't consider this scam a crime. It's really a fraud action and I'm hoping you can convince them to at least take the case for reporting purposes. That still doesn't mean they will do anything regarding movement, though. They believe it's civil because it is a breach of contract. Technically it is criminal because it is clear that the seller never intended to send the goods and convey title. Thus this is a scam, a theft.

 

[macangels]

Western Union Moneygram Fraud - money collection

Hi

can victims please post where the money was collected by the eBay Western Union fraudsters.

Western Union and Moneygram might be resistant letting you know but you have a right to do so.

The Data Protection Act does not limit you to having to use a lawyer or law enforcement agency to gain contact details.

Please post details here. Was it collected where the address was given?

Police Forces legally must take report of a crime - whether the officer thinks it is civil or not.

Also, make efforts to report the matter to their " Compliance or Investigations Department " in order to attempt shut down the account used.

Thanks,

MA

 

[magicsilence]

Anyone who REALLY lives in the U.K will NEVER say "zip code", here in the U.K we have POST CODES, therefore if it says country: U.K and then a zip code, instantly you know theyre a scammer.

 

[mguth]

How To Sue eBay and Paypal for Unfair Business Practices

Consumers who have experienced unfair business practices from eBay and Paypal, e.g., where the companies refuse to live up to their buyer protection programs, may have recourse in a court of law. Typically unsatisfied consumers have bought a product on eBay or pay for it using Paypal only to find that the article is not as represented, is a different color or size than pictured, or arrives in a broken and unusable condition. When the consumer complains to eBay and Paypal and asks for a refund, both of these eBay-owned companies disavow any responsibility owed to the consumer.

This article will present a guide for consumers to prosecute eBay and Paypal for deceptive business practices that harmed them and what they can expect from eBay and Paypal in terms of defenses. At the outset, note that eBay and Paypal have managed to insulate themselves from damages claims through creative wording of their user agreements, which all consumers must agree to accept as a condition for using either eBay or Paypal.

Paypal, Inc., is a subsidiary of eBay, Inc., and the two companies are intertwined for purchasers of goods sold on eBay.com to complete payments to sellers using Paypal.com. The Defendants Paypal, Inc. and eBay, Inc., may be served with process (summons and a complaint) using the long arm statute of the consumer's state. The long arm statute most likely provides for service of out-of-state corporations through the state's Secretary of State. eBay's may be served with process at the following address: eBay Inc.; Attn: Corporate Counsel; 2145 Hamilton Avenue; San Jose, CA 95125.

Upon receiving the consumer's lawsuit, the defendants eBay and Paypal will advise the consumer that his or her user agreements with these two firms require the consumer to file disputes against the firms either with a court in Santa Clara County, CA, or with the National Arbitration Forum. If the consumer does not voluntarily withdraw his suit, then eBay will threaten to seek its lawyer fees to have the case dismissed. At this point, most consumers then drop their suits.

However, the arbitration clauses in the user agreements exclude claims for equitable or declaratory relief. Accordingly, if the consumer files his suit from the outset seeking equitable or declaratory relief, then the eBay user agreement defense will NOT prevent the lawsuit from going forward. With the lawsuit proceeding forward, the consumer can send eBay or Paypal interrogatories to seek discovery. Interrogatories are written questions sent to a party to a lawsuit that must be answered in writing, usually within 30 days. With interrogatories, the consumer can get access to information about the seller, as well as the frequency with which consumers have complained about items being delivered that were materially different from the item pictures on eBay.

The consumer's local state court will have personal jurisdiction over the eBay and Paypal to hear claims for equitable and declaratory relief, because these firms have established substantial contacts the consumer's state. The following non-exhaustive list of activities and contacts by the eBay and Paypal in and with the consumer's state make it fair, equitable, and convenient for eBay and Paypal to defend these causes of action in the consumer's state:

(1) The controversy arose out of the consumer's purchase of some item on eBay.com, which was shipped to him or her at the consumer's address, and which arrived damaged and unusable. The funds used to pay for this transaction were drawn from a bank in the consumer's hometown, and payment for this transaction occurred in the consumer's hometown. The contract to purchase the item and pay for shipping was most likely formed in the consumer's hometown.

(2) For more than 10 years, eBay and Paypal have systematically and continuously advertised their services to the consumer and other Internet users in the consumer's state via advertising and electronic mail. Over the years, eBay and Paypal have collected fees on scores of millions of dollars in payments and seller fees from businesses and residents in the consumer's state.

For circumstances in which a seller refuses to take back damaged merchandise and issue a refund, the consumer can seek equitable relief to bar that seller from any and all further transactions on the eBay and Paypal platforms. The consumer can seek declaratory relief that eBay and Paypal's Buyer Protection Plan submission forms are riddled with computer errors and will not allow users to properly submit claims.

The consumer should also check whether, and seek declaratory relief that, eBay and Paypal's fraud violated the state Consumer Protection Act, which frequently gives the consumer a statutory right to prosecute eBay and Paypal independent of any breach of contract claim he or she may have related to the user agreement.

The consumer can also challenge in his local state court the validity of the arbitration clause as unconscionable. A claim that the arbitration provision is unconscionable is a matter to be decided by the courts and not the arbitrator, because it specifically challenges the validity of the agreement to arbitrate irrespective of the validity of the whole contract. If the state trial court determines that the arbitration clause is unconscionable, then the consumer will be entitled to pursue monetary damages against eBay and Paypal. However, it is unlikely that a state court will find the arbitration clauses unconscionable, due to the pro-business tilt of the U.S. court system.

For more information and free legal advice for cases against eBay and Paypal, please contact the author through web page http://michaelguth.com/prose.htm

Dr. Michael A. S. Guth, Ph.D., J.D., is an attorney at law based in Oak Ridge, Tennessee. His practice focuses on enabling people to represent themselves pro se without a lawyer (and thereby save on legal fees), as well as full representation for appellate practice. One area his work has particularly emphasized is child support defense and elimination of the unconstitutional debtor prisons that now saturate our court jurisdictions across the nation. For more information, see URL http://michaelguth.com/prose.htm and http://michaelguth.com/samplepleadings.htm

 

[webpol]

fake addy

As magicsilence said its fake. The address wot exist, they use fake id. The "seller" is probably in romania.