Accused of Fraud Relating to Online Purchase

[Newbie123]

Hi,

 

I was told that it might be possible to get some advice here. I'll have to be vague-ish about the details. This is what has happened:

 

A friend purchased a large item online from a business using Paypal. The item arrived badly damaged and was not fit for purpose. So their understanding was that pursuant to the Distance Selling Regs the seller was obligated to pay for the cost of returning the item. My friend sent photos of the damage to the seller, which the seller acknowledged. The seller was asked if it would be possible to repair the item. The seller said that this would not be possible. The seller then completely ignored all further communication.

 

My friend opened a dispute in Paypal's resolution centre and contacted Trading Standards. An LBA was also sent by recorded delivery to the seller. This letter advised that the item would be disposed of within 14 days if the seller did not arrange collection or agree to re-reimburse my friend for the cost of the return. My friend actually held onto the item for well over a month whilst waiting for the seller to respond.

 

Paypal's dispute resolution advised that the item be returned for a refund. There were a number of problems with this. The seller's Paypal address for the return was different from the sellers business address originally provided with the purchase. The item was so large and heavy that the cost of the return would have been prohibitive. Due to the nature of the item (the seller would have immediately recognised it even when packaged) it was believed that the seller would simply refuse delivery. This would have left my friend out of pocket for both the cost of the return and without a refund for the item.

 

So in Paypals resolution centre my friend entered the tracking number for the recorded delivery letter that had been sent to the seller. Paypal then refunded my friends payment. My friend then waited for over a month for the seller to reply to either the letter or emails to arrange collection of the item. The seller did not make contact at all. Consequently my friend had to dispose of the item (due to the size and nature of the item it was not possible to store it for any longer).

 

My friend had a phone call from the Trading Standards officer investigating the transaction today. When informed that the item had been disposed of the Trading Standards Officer stated that fraud had been committed by my friend.

 

So my friend is now very scared and in need of advice!

Edited January 16, 2014 by Newbie123

[silverfox1961]

Hi and welcome to CAG

 

Your friend should not have disposed of the item but sent it back and if the seller refused to refund the return postage then raise a claim.

 

It will be now seen as your friend having both the money and the goods

[martini682]

Hi there,

 

I am no expert in these matters and I am sure you will get concrete advice from other Caggers, but my initial instinct is not to panic! By the sounds of it the seller is the one in the wrong for selling an item not fit for purpose and then ignoring any communications. Make sure your friend has all the correspondence relating to it as proof in case it is needed.

 

Good luck with it!

 

Martini

[martini682]

Do agree with Silverfox in regards to the fact that it may have been better to have forfeited the return postage and have it delivered. If the seller then refused delivery, that too, would have been on record. Sometimes you have to lose a little to gain a lot

[unclebulgaria67]

I don't think your friend has anything to worry about, if they have kept some evidence of what happened. You have mentioned photos and communications, so hope your friend has kept these.

[sequenci]

How much are we talking about here?

Fraud is generally (in most cases) a criminal issue, and as such it would need to be proven that your friend acted dishonestly. I don't think it was Trading Standard's call to make that ascertion though I struggle to understand why your friend disposed of the goods - even if they were taking up a large amount of room.

 

- Seq.

[edjama]

Hi, has your friend already posted on here relating to this? I remember some months back a post from someone who had received a large item which was damaged and seller was refusing to accept back. They also said this was a large item and they had no p[lace to store it. Tried searching but cant find the post

[Newbie123]

Hi,

 

No there hasn't been any other posts on here about this.

 

The cost was just under £200. My friend thought that was okay t dispose of the item. This is because my friend had advised the seller of his intention to dispose of the item and then waited over a month without having had any response from the seller. So my friend assumed that the seller did not want the item to be returned.

 

The item in question consisted of around 3 square metres of very heavy material. My friend lives in a 1 bedroom flat with no additional storage facility. As the seller did not get in touch my friend did not see any reason to inconvenience himself further by storing the item.

[sequenci]

Well, for the fraud to be taken further the other party would need to take it through the criminal system. I cannot see that happening personally. I can understand why your friend got rid of the items. I would imagine the other party *may* think about suing for their money or the items.

[steampowered]

I can't see any fraud due to disposing of the item. Fraud requires dishonesty, and there is nothing to suggest that disposing of the item was dishonest.

 

 

The potentially dishonest thing was entering a recorded delivery number for a return delivery, when your friend knew that the item had not been returned. I don't think there is anything to worry about though.