Any experience with taking legal action?

  1. :crybaby: :crybaby: :crybaby: :crybaby:
    Hi,
    I have had a very extreme incident. I made the mistake of trusting someone I had transacted with before on eBay - twice successfully - for expensive items.

    I won't bore everyone with the details, but we are agreed to trade bags, and I would pay some extra money via paypal. We promised to send each other our bags at the same time.

    Anyway, she never sent me her bag - but I sent her my bag and paid the extra via paypal. She now has both our bags.

    I sent her an email demanding the return of my bag and money. She has sent the money back, but not the bag - which is very expensive (about $1600).

    I can't take this loss, so I plan to sue her. I have no experience of doing this, and it is in a different country. (I am in the UK, and she is in Canada.)

    I am guessing this will be a very difficult process. I would be extremely grateful if anyone can advise me from experience as to how to do this successfully, and not spend too much on legal fees.

    Thanks.
     
  2. Oh geez. Did you do this transaction THROUGH eBay or outside of eBay?

    I'm going to be very blunt here, you didn't do a very smart thing (NEVER trust anybody you don't know!!!) and you're probably not going to get your money or your bag back...and if you do, you're going to spend so much money on legal fees that it won't even be worth it.

    My advice: accept that you're probably not going to get your money back and don't ever do something like that again.

    Since she's in Canada, I don't know what agencies you can report her to. Sorry that this happened to you.
     
  3. Would that still apply if the scammer is overseas?
     
  4. lamiastella - you're probably right I shouldn't do some thing like that, but because I have had an expensive transaction with her twice before. So I think she would be honest.
    For this transaction she has refunded my money back, but didn't say anything about the bag.

    VenetiaWanter - thanks for your help. very useful.

    Anymore advice would be appreciated.
     
  5. I hope that I didn't come across harsh, Red - but it really peeves me sometimes to see people taking advantage of others.

    That's horrible that you've already had good experiences with her before. Do you have her phone number? You should be able to get it through eBay. If you cannot reach her per telephone, send a stern letter (with signature confirmation) explaining that you will not hesistate to take further action to get your bag back and you expect a response from her within XX days or else you will continue and take legal action.
     
  6. I am so sorry this has happened.

    I have experienced so many dishonest individuals.

    Two particular incidents which left me feeling such an idiot, but, also made me very cautious.

    After over 10 years online, I thought I was aware of scams and I suppose, I didn't expect that after a period of a few years, I was totally wrong about the person(s) involved.

    One was a leader of a medical support group. Who has cried wolf so many times, I doubt even her own Drs will be taking notice of her now. However, she managed to get money out of people. Once she used them, and got what she wanted, she banned them from her group, reported them, caused drama. Then had the audacity to welcome these people back into the fold, and did it again!!!!!!!!!!!!!!!!!

    Problem is, that these people find a new set of people to scam and carry on. I just can't get my head round it, in all honesty.
     
  7. Is Canadas legal head called a Prime Minister?? Whatever he's called, I would call his office and see the best route for you to take. Then I would email this seller and tell her what you're doing to get your bag back. It may scare her into returning it.
     
  8. Here is a link which gives information on small claims court.

    I am not too sure about the situation when the other party is overseas. But, for instance, if I had an issue with another individual in the same country, but the other end of it. The claimant applies to their local court, and the court then issue a date etc. to the other party, and it is the other parties responsibility to attend the court (regardless of whether it is 10 miles away or 1000).

    With the above in mind, I would contact an advisory body (CAB maybe) or the organisation on this link, and see if they can help you further.

    I should also add, a stern letter of intent, maybe all it needs to make the other party realise you are not prepared to let it go. Sample letters also on the small claims site.
     
  9. Ok, CAB and small claims court are of no use to you here.

    Pull her contact details off eBay so that you have her telephone number and address. Make sure you keep ALL e-mails you have with her and also print off the Paypal receipts for the money you sent and also the refund.

    Look on the net for the Canadian police and phone her local police station. Tell them you have been the victim of fraud by a Canadian citizen and wish to file a police report. Don't take no for an answer!! This person has commited fraud and this is the best way to take action against them.

    There was a case some while ago where an eBayer bought an Hermes bag through the site (eBay would about as much use as chocolate on a summers day) and the seller kept her $4k and never sent the bag. The buyer contacted the police in the womans hometown and she ended up before the grand jury.

    I sincerely hope you sent your bag by registered mail!
     
  10. Yes, I sent the bag by registered mail.
    Thank you everyone. I will use your advice.
     
  11. BTW, if you have a lawyer friend to send the stern letter on his/her letterhead, that might be more persuasive.

    I am so sorry this has happened to you. In order to get an enforceable judgment against her, you would need to sue her in Canada, which means you would have a very difficult time of it.
     
  12. You could try calling HER local PD. Where in Canada is she located?

    File a police report on her!
     
  13. Call your local civil court or whatever it's called and ask whether you can sue where you live based on the fact that you live there. Then the court would issue a summons (?) to her trough Canadian authorities. If she failed to show up, you'd have won the case.
     
  14. You could tell her that you are going to take all of this to the Canadian Embassy in london and that you also have family living in Canada that will take this up if she does not return your bag

    I would ring the canadian embassy find out how you can report fraud and theft
    so sorry this has happened to you
    your not alone