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| Swine&Small Member Since: 20 Mar 2017 Location: Norfolk Posts: 1223  
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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. |
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14th Nov 2017 6:21pm |
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| Rashers Member Since: 21 Jun 2015 Location: Norfolk Posts: 3511 
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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  ) 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. |
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15th Nov 2017 8:02pm |
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| RockJaw Member Since: 15 Oct 2013 Location: United States Posts: 317  
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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 |
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16th Nov 2017 12:37am |
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| darthdicky Member Since: 02 Jul 2011 Location: Newton Abbot Posts: 78
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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 |
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16th Nov 2017 8:33am |
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| Zed Member Since: 07 Oct 2017 Location: In the woods Posts: 3314 
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Christ alive. How many people got taken by this
 ? |
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16th Nov 2017 8:39am |
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| Bluest Member Since: 23 Apr 2016 Location: Lancashire Posts: 4216 
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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.
 2007 110 TDCi Station Wagon XS |
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16th Nov 2017 7:58pm |
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| seriesonenut Member Since: 19 Nov 2014 Location: Essex Posts: 1216
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You need to move to Essex
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/ 1984 One-Ten CSW 2010 XS USW (sold) 1957 Series One 88 diesel 1958 Series One 88 4x2 |
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16th Nov 2017 8:09pm |
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| darthdicky Member Since: 02 Jul 2011 Location: Newton Abbot Posts: 78
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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 |
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23rd Nov 2017 10:49am |
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| Pat Member Since: 05 Dec 2016 Location: Somewhere new! Posts: 368 
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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! |
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23rd Nov 2017 12:05pm |
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| BenB8man Member Since: 22 Mar 2017 Location: Norfolk Posts: 429 
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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. |
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23rd Nov 2017 12:05pm |
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| Martin Site Admin Member Since: 02 Apr 2007 Location: Hook Norton Posts: 6611 
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done
 1988 90 Td5 NAS soft top
2015 D90 XS SW |
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23rd Nov 2017 12:06pm |
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| Hairy Dan Member Since: 25 Apr 2013 Location: NW Durham Posts: 1418 
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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
 Cheers Ian
-------------------- 22MY Defender 110 D200 SE, Fuji White. Kielder 4x4 Safari Instagram @defender_v8 |
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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 
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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 |
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24th Nov 2017 5:59pm |
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| Hairy Dan Member Since: 25 Apr 2013 Location: NW Durham Posts: 1418
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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 Cheers Ian
-------------------- 22MY Defender 110 D200 SE, Fuji White. Kielder 4x4 Safari Instagram @defender_v8 |
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24th Nov 2017 6:20pm |
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