paid for an item and it never arrived

[pawsforthought]

Hi

I recently paid for an item from gumtree by bank transfer and it never arrived. I know the oldest [problem] and I fell for it and I have now lost £577.

We were both barclay account holders I have been in touch with the bank and they did an investigation there is no money in the account and the bank have closed it down.Is it worth me pursing this case by asking the bank, mobile phone company and gumtree to disclose any details they have on this person so I could possibly pursue my money through a court. They have all shouted data protection when asked about details but is it worth going down the Norwich Pharmacal Route or could I get the information under the freedom of information act.

Thanks

[Conniff]

If you report it to the police and get a crime number, you can then quote that. The data protection act doesn't cover criminal acts and the investigation of such.

[silverfox1961]

Hi

As bad as this sounds, I think you will be stymied quite quickly.

 

1 People are still able to open fraudulent accounts with the banks.

2 Gumtree don't check the details placed. Once they are informed of a phoney post, they will delete the post and probably the account

3 PAYG mobile phones don't need personal details to use.

 

Hindsight is a wonderful thing. All I can suggest is that you never do a bank transfer again as bank transfers are as good as real cash.

 

The bank will not help as you willingly paid although they may instigate an investigation into the other account.

 

Freedom of Information only applies to official bodies. Councils, Government, police etc.

Even if you sent your bank a SAR they would only disclose your info.

[pawsforthought]

So even thou I have got an sort code, account number, mobile number is it going to be a waste of time and money chasing my £577 up. I thought that if I could get the bank to disclose an address for the account and the ee mobile company to disclose any numbers made from this mobile and where it was topped up etc it may of helped me nail this crook. And any information gumtree may hold as well surely the paper trail could lead somewhere

[silverfox1961]

You could apply to the courts for and order but is this just throwing good money after bad?

 

If someone sets up a dud account, they could just as easily use a fake address. If this 'person' is a regular con man, they are likely to be able to cover their tracks.

 

I'm not trying to put you off, just highlight the possible scenarios.

[pawsforthought]

Thanks it looks like I will have to take it on the chin, lesson learned

[BazzaS]

So even thou I have got an sort code, account number, mobile number is it going to be a waste of time and money chasing my £577 up. I thought that if I could get the bank to disclose an address for the account and the ee mobile company to disclose any numbers made from this mobile and where it was topped up etc it may of helped me nail this crook. And any information gumtree may hold as well surely the paper trail could lead somewhere

 

Which is the job of the police. Pass the details to the police (if need be via ActionFraud).

 

If you found more details, what would you do to 'nail them'? If the answer is "pass the info to the police", then let the police get the info (they'll face less resistance to getting it than you). If the answer is "take the law into my own hands" : I'm not sure CAG would support that, so the answer is still : leave it to the police.

[pawsforthought]

This as already been reported to action fraud but as there are so many on going cases I do feel this will be pushed under the carpet. I thought it was possible to represent yourself in a court of law. And I have read the data protection does not cover persons in illegal activities and therefore information should be made available to take a case to court.

[BazzaS]

This as already been reported to action fraud but as there are so many on going cases I do feel this will be pushed under the carpet. I thought it was possible to represent yourself in a court of law. And I have read the data protection does not cover persons in illegal activities and therefore information should be made available to take a case to court.

 

You certainly can represent yourself in court.

If you can find the perpetrator, you can use civil law to recover your losses (if you can get a judgement AND enforce it).

 

As for data protection: data protection can't be used to prevent transfer of information regarding illegal activities.

Expect this to translate to "we'll give the information freely to the police who investigate illegality, or we'll give it to you if you get a court order".

Just because they can't say "we'll never give you the information due to data protection" doesn't mean they have to give it to you just because you ask - you may still have to force their hand.