SA Fraud on Ebay - What Can I Do?

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David Sharbel

Active Member
4 March 2017
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0
31
I seen an ad on ebay for a caravan up for auction. In the text, it had a email address to contact if you wanted to buy it now, negotiate with the seller. The seller and I agreed to a price but I was concerned about the distance from me to this van. So I wanted to deal through Ebay. He said he would arrange a Ebay invoice and I would have 5 days buyer protection in the invoice.

The invoice arrives, looks real. The mouse over sender's icon shows up with an Ebay address. The payment instructions I followed deposit to a Commonwealth Bank Holding Account. Needless to say the van never showed and on the day, I received a email saying it was wrecked in a crash.

No contact phones would answer so I panic.

I contacted my bank and Ebay and no one would help. The Commonwealth Bank where the crooks had their account would not talk to me. Ebay said they would take appropriate action and increase their fraud screening.

Well, today 1 week later, the caravan and the ad are back on ebay with all the same details, the same ad and there are bidders. I have been trying to get through to the police all day to no avail. Hoping to catch them in a sting.

Are Ebay in any way liable now, since my multitude of emails back and forth about this illegal account? Am I better off threatening to go to the press over the lack of action, in the hopes of getting my money back?
 

David Sharbel

Active Member
4 March 2017
5
0
31
I have done so last week. I am trying to recover my money and wonder if the Commonwealth Bank or Ebay could carry some responsibility. I am a pensioner and this loss has ruined my dream. I feel the bank allowed a account to be opened with obviously false docs as 100 point ID.

Ebay for allowing the van and seller to relist, do I try to get them to pay or I will use the news programs and social media. I know it's wrong but it is blackmail to say the least.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
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You should definitely follow up Ebay and see how they can assist. Ensure you can prove the caravan is the same one, and not just a similar one. However, I doubt they will accept any liability.

As to the bank, there's no indication that the account has been falsely opened. Privacy and contract laws forbid the bank from providing you with details of the account holder. If you transferred the funds electronically, ask your bank what they can do to trace it. Short of that, getting the police and the courts involved is likely to be your only way of chasing them down through bank accounts.

As another avenue, was there any insurance taken out or already in place to cover the caravan? You might be able to make a claim - which would be a pretty quick way of determining how bogus the 'accident' was.
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Hi David,

Rob's point about insurance is a great one. It made me think that if you paid with credit card or Paypal there are usually insurances against purchases. Unfortunately it sounds like you did an electronic funds transfer. It's not the end of it but it will probably be a bit more work to get it back.
 

David Sharbel

Active Member
4 March 2017
5
0
31
Hi David,
Rob's point about insurance is a great one. It made me think that if you paid with credit card or paypal there are usually insurances against purchases. Unfortunately it sounds like you did an electronic funds transfer. It's not the end of it but it will probably be a bit more work to get it back.
Sadly yes a money transfer. I received a email last night from Ebay it said, Ebay has noticed I have had email contact with this seller. It then warns me against dealing with this seller. Sadly about 10 days to late.

The relisted ad was removed at the same time. I had told the Police about the relisting and they sighted the ad before it's eventual removal. I feel the only come back is a threat of going to the media and expose how they allowed a ad and seller to relist the same van, practically when a offense was reported over a week ago.
 

David Sharbel

Active Member
4 March 2017
5
0
31
Hi David,
Just be careful not to slander them. At this point action through ebay might still be your best option. Go through the information available from the EBAY website and if they don't do as they say you may have recourse against EBAY.

eBay.com.au - Pages | eBay Money Back Guarantee |
The only thing I have on ebay is that they allowed a account to be setup and run with poor security checks and monitoring. Their terms do not allow email addresses in the description of goods and there were dubious things with the sellers rating, 43 sales and no percentage rating. Somehow this did not ring alarm bells in their security department.

They also allowed the relisting after a report was made 10 days prior. They sent me the email warning me not to deal with these people 10 days after I was taken. How long had they known or been told about these crooks before my warning email? Would they want this on tv are my thoughts.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi David,

I appreciate what you are saying, but other than venting your frustration, most big companies don't respond well to threats of bad publicity. Besides it really won't hurt Ebay, they are a very big company. Your best option might be to see if there is a legal avenue to obtain the sellers information from Ebay so you can pursue the money through small claims court.
 

David Sharbel

Active Member
4 March 2017
5
0
31
Hi David,
I appreciate what you are saying, but other than venting your frustration most big companies don't respond well to threats of bad publicity. Besides it really wont hurt Ebay, they are a very big company. Your best option might be to see if there is a legal avenue to obtain the sellers information from Ebay so you can pursue the money through small claims court.
That was my first move but they would not release that info. The Police or other authority are the only one they will communicate with. The ebay and the bank details I can't get from anyone. It is a case of finding true names and addresses.