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Swine&Small



Member Since: 20 Mar 2017
Location: Norfolk
Posts: 1223

United Kingdom 
Fraud by false representation
(1)
A person is in breach of this section if he—
(a)
dishonestly makes a false representation, and
(b)
intends, by making the representation—
(i)
to make a gain for himself or another, or
(ii)
to cause loss to another or to expose another to a risk of loss.
(2)
A representation is false if—
(a)
it is untrue or misleading, and
(b)
the person making it knows that it is, or might be, untrue or misleading.
(3)
“Representation” means any representation as to fact or law, including a representation as to the state of mind of—
(a)
the person making the representation, or
(b)
any other person.
(4)
A representation may be express or implied.
(5)
For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).[/quote]

Thanks Richard I will try again when I get home
Regards
Brian 1983 Series 3 Pick up in Marine Blue
1967 Morris Traveller
1966 Morris Convertible
2012 VW T5 Camper
Quod Abundat Non Obstat.
Post #664317 14th Nov 2017 6:21pm
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TOP5N



Member Since: 03 Nov 2015
Location: Gloucester
Posts: 226

United Kingdom 
I was attempting to purchase the seats he was selling for £1600... he was trying to get me to send payment over before he went to France, But I said I wouldn’t be happy sending that kind of money to someone I have never met and who has only been a forum member for a month. He said we could meet when he gets back from France in 5 weeks and I could pay him cash... what a joker
Post #664624 15th Nov 2017 7:34pm
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Rashers



Member Since: 21 Jun 2015
Location: Norfolk
Posts: 3326

United Kingdom 2014 Defender 110 Puma 2.2 USW Corris Grey
What a sad state of affairs when the Police don't seem to care.
At the least they could show some concern, even if they don't have the resources to do much else.

Is this saying to the scumbags of the world, go for it, try scamming as many people as you can because were telling you the Police won't consider trying to nick you?

As (thank goodness) I haven't been affected with this low-lifes tricks, I am not party to that thread (as it should be, well done Martin Thumbs Up ) just a word of caution to those poor people affected. If you ever do find out who this person is, think carefully before going down the civil court route. If it comes to be that there is not enough evidence to proceed with a criminal case, the civil court may well give you your day in court and the Judge may rule for you, but if this individual doesn't have any disposable assets or money in their own name, you might just end up spending a load more money and still get nothing in return.

Just some advice dished out by the resident Lawyer on the Jimmy Young show on Radio 2 many moons ago. It's always worth remembering that the only people worth taking to court a those with plenty of money.

Saying all that, I hope he is found and I hope he gets his comeuppance.
Post #664634 15th Nov 2017 8:02pm
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RockJaw



Member Since: 15 Oct 2013
Location: United States
Posts: 317

United States 2013 Defender 110 Puma 2.2 SW Santorini Black
I live in Sarasota, Florida, USA as well as in Brisbane, Australia. The Sarasota Police NEVER refuse to investigate a fraud complaint although they don't always find the suspect either.

Our local Australian Federal Police needed a little "prompting" before they caved in and opened a criminal docket with a formal CRN number. If the suspect was in Australia I am told the local policy deploy a "broken window policy" and somebody would already be investigating the crime by now because local law enforcement realises that failure to investigate actually makes their jobs harder in the long run because crime tends to increase which, in turn, overloads law enforcement.

The foreign aspect of this crime makes it a little complicated for the Aus Federal Police though, which is understandable, but at least they OPENED A CRIMINAL DOCKET!

With a formal CRN number a complainant is entitled to periodically ask Police for progress reports and if dissatisfied with the efforts can take further action to compel further investigation, especially if there is reasonable expectation that leads/evidence have some prospect of identifying suspects.

In Florida a similar process is available through the civil courts at very low cost. Cops are frequently held accountable for their failure to investigate and fairly high level of success is achieved over there with the aid of simple cheap legal solutions to compel proper investigations into crimes.

So to see British Police take such a stand offish approach to a crime which does have SOME prospects of producing a suspect is quite surprising.

Like Rashers says, this attitude will only increase the rate of crime which in turn overloads the police even more.

When I reported this fraud to HSBC Bank they were unable to do much without a current formal crime investigation number but once I produced one to them their fraud division in Hong Kong were actually very good and they swung into action very quickly.

The bank refunded the transfers and told me that the receiving bank/building society would either 1- produce the identity of their suspect client as part of UK's stringent KYC & Compliance laws or 2- return the funds to HSBC in order to avoid being held accountable for failing to meet those stringent KYC requirements.

To date HSBC has not given any further information to the Police or to me about the identity of coatesyyy so it is reasonable to assume that coatesyyy's bank settled HSBC rather than fall foul of the KYC laws.

So, not only does the UK now have an ineffective police force, but we also know that UK has some banks which do not adhere to their own banking laws and would rather assist criminals by paying certain losses to avoid being held accountable for their role in assisting these criminals.

Remarkable! What a bloody mess!

Victims also have a role to play in these situations but if victims walk away and accept their losses then we should expect that these crimes will become much worse.

The solution? I still believe we should appoint a UK attorney to advise both Martin as well as the victims so that we don't add to the problem by failing to do enough to prevent these crimes.

Although I have been refunded by HSBC I am still out of pocket for the seats bought from m33ufo.

UK seems to be going the same way as Nigeria - soon nobody will want to do business there for fear of fraud. ****CENSORED****


Last edited by RockJaw on 16th Nov 2017 8:46am. Edited 1 time in total
Post #664706 16th Nov 2017 12:37am
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darthdicky



Member Since: 02 Jul 2011
Location: Newton Abbot
Posts: 75

United Kingdom 
Gutted to realise I’ve been taken in by this too. Paid £115 for a Mantec wheel carrier which hasn’t turned up. Would be interested to know what it’s possible to do to try and get the money back or at least make life difficult for him.

Richard
Post #664732 16th Nov 2017 8:33am
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Zed



Member Since: 07 Oct 2017
Location: In the woods
Posts: 3000

United Kingdom 2010 Defender 110 Puma 2.4 XS CSW Santorini Black
Christ alive. How many people got taken by this Censored ?
Post #664733 16th Nov 2017 8:39am
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Bluest



Member Since: 23 Apr 2016
Location: Lancashire
Posts: 3993

United Kingdom 2007 Defender 110 Puma 2.4 XS CSW Java Black
Rockjaw - A little OT, but this is a recent new story about the Met Police. http://www.bbc.co.uk/news/uk-england-london-41633205 Policing here is in crisis. My local force, in quite a rural area, said they may soon not investigate burglaries if the home owner had left a window or door unlocked, even by mistake. Rolling Eyes 2007 110 TDCi Station Wagon XS
Post #664884 16th Nov 2017 7:58pm
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seriesonenut



Member Since: 19 Nov 2014
Location: Essex
Posts: 1205

United Kingdom 
You need to move to Essex Rolling with laughter

I spent the day with Essex Police, they are having a re focus on priorities - launched today

https://www.essex.police.uk/news/news-and-...me-anti-s/ 2010 XS USW
1957 Series One 88 diesel
1958 Series One 88 4x2
Post #664888 16th Nov 2017 8:09pm
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darthdicky



Member Since: 02 Jul 2011
Location: Newton Abbot
Posts: 75

United Kingdom 
Has anyone else heard any more about this? I've just reported it to Action Fraud but would be interested to know whether anyone has managed to track this person down or get any money back from his bank?

Richard
Post #666400 23rd Nov 2017 10:49am
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Pat



Member Since: 05 Dec 2016
Location: Somewhere new!
Posts: 363

Wales 
Things have gone quiet, but then what is being said is probably best kept in the private area set up by Martin - who knows who might be watching! It started with a kiss, never thought it would come to this.
SIII CSW Safari, limestone, (JAC 914N). Where is she now?

It's not a car, it's a way of life!
Post #666416 23rd Nov 2017 12:05pm
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BenB8man



Member Since: 22 Mar 2017
Location: Norfolk
Posts: 427

United Kingdom 2010 Defender 110 Puma 2.4 DCPU Stornoway Grey
Heya Darth.

Send a PM to Martin and he’ll add you to the fraud group. All the info is hidden in there for now.
Post #666417 23rd Nov 2017 12:05pm
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Martin
Site Admin


Member Since: 02 Apr 2007
Location: Hook Norton
Posts: 6459

United Kingdom 2015 Defender 90 Puma 2.2 XS CSW Montalcino Red
done  1988 90 Td5 NAS soft top
2015 D90 XS SW
Post #666418 23rd Nov 2017 12:06pm
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Hairy Dan



Member Since: 25 Apr 2013
Location: NW Durham
Posts: 1311

United Kingdom 1998 Defender 90 V8 Petrol 50th Auto Chawton White
There are a few people on the D3&4 Facebook group (Which has nothing to do with Martin's forums by the way) been scammed in a similar manner by a guy called Douglas Sinclar, he has been selling stuff that he doesn't own Evil or Very Mad Cheers Ian
--------------------
22MY Defender 110 D200 SE, Fuji White.
Kielder 4x4 Safari
Instagram @defender_v8
Post #666703 24th Nov 2017 5:02pm
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NoDo$h



Member Since: 18 Aug 2007
Location: Buried in deer guts in Dorset
Posts: 972

England 
Can you post a link to the facebook group please? Keen to compare notes.... 

54 Freelander modded for mud
2008 D3 SE
2010 90 XS SW
1978 88 Series 3 undergoing surgery with a new owner
2007 90 County Truck Cab - gone
2006 D3 SE - gone
2004 Freelander Sport - gay
1999 Disco V8 ES rotted to bits
Post #666708 24th Nov 2017 5:59pm
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Hairy Dan



Member Since: 25 Apr 2013
Location: NW Durham
Posts: 1311

United Kingdom 1998 Defender 90 V8 Petrol 50th Auto Chawton White
Here's a link to the post (I hope) I had to search for it to find it again

https://www.facebook.com/groups/2079215127...ry=Sinclar

He's been selling D4 facelift bits he doesn't have Thumbs Up Cheers Ian
--------------------
22MY Defender 110 D200 SE, Fuji White.
Kielder 4x4 Safari
Instagram @defender_v8
Post #666713 24th Nov 2017 6:20pm
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