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Discussion Starter #1
not really sure if it's internet fraud, but here's the deal.


On October 11th I made a deal with someone on NLOC, who so happens to be on this board as well, to buy a NX wet nitrous kit for $600. I was told to wait to send the money until it was off of the truck. On the 15th I get a pm saying it was all good to send the money. So I sent a money order FedEx Overnight the next day, he received it on the 17th.
I kept getting told I would have a tracking numbr the next day, or it would ship out tomorrow, etc.... nothing ever came of it. So I find out it is actually his "friends" kit. So I have been contacting both parties via email and private message, and I keep getting promises, but after 4 weeks, still nothing.
Here is another thing, somone else bought some traction bars/parts from this same guy, and hasn't got his stuff either.

The guy I made the deal with, I have his name, address, and number, and the "friend" of his who has the kit, I have all his info as well.


I am not sure what to do next, and I am not sure who is responsible (if legal action is taken).


:confused:
 

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aaron,
any time you pay for something and don't get what you paid for, it is a ripoff.
to call it fraud varies from state to state, it is directly related to the amount involved.

You said that you paid via money order, I hope that was a postal money order.
The use of a postal money order may allow it to fall under the purview of the post office as mail fraud.

You would have to contact the post office and get more information.

Hope that helps,
Preston

p.s. maybe something like paypal would help for future purchases. I had a problem with someone I bought seats from and after receiving bs lines from this guy turned them loose on him. Funny thing was, after paypal took the money out of his account, my seats arrived. That got his attention.
just a thought.
 

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This sort of crap is happening waaaay too often lately. I assume you've contacted him numerous times either via email or telephone, right? With either of those you can get records of for court either from your ISP and his ISP or the phone company. If so, contact the FBI's internet fraud center and file a report about the situation. They ask a lot of questions so make sure you answer them as accurately as possible and document what you enter into their forms so you'll have a record and to help you remember later on. Whoever it is has committed a federal felony (fraud by means of telecommunications device) and will do federal time if convicted. Here is the address to the proper website.

http://www.ifccfbi.gov/index.asp

Follow the directions on the complaint webpage.

Don't waste any more time or effort on the deadbeat, just fry his/her behind and make a good example of them. Hope you get your money back and that the deadbeat gets serious jail time and a bi-sexual cellmate named Bubba.
 

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How many times do I have to explain ESCROW!!!

I will do escrow on any purchase arranged on here. Buyer sends the funds to me either electronically or otherwise. I notify the seller that the funds are indeed secured. I hold said funds until the buyer receives the merchandise. I then forward the funds to the seller. Everybody is protected. I'll charge a flat $10 to do it or slightly more if the seller wants payment overnighted to them in check form.

Escrow services put a quick end to fraudulent transactions. I will do it any time if you would only ask.
 

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Discussion Starter #5
Sir William said:
How many times do I have to explain ESCROW!!!

I will do escrow on any purchase arranged on here. Buyer sends the funds to me either electronically or otherwise. I notify the seller that the funds are indeed secured. I hold said funds until the buyer receives the merchandise. I then forward the funds to the seller. Everybody is protected. I'll charge a flat $10 to do it or slightly more if the seller wants payment overnighted to them in check form.

Escrow services put a quick end to fraudulent transactions. I will do it any time if you would only ask.
SW, I know this, and if it was anyone other than this person, I would have.
Also the deal was on NLOC, but he is a member here.
I planned to use you for your ESCROW service, until I found this person selling the kit, whom I trusted, which appearantly was a big mistake.
I guess no matter how much you may trust someone, when it's dealing with something like this, just use your Escrow service that you so willingly offer.


I am just not sure now who is legally liable for my money or the kit - the person who the deal was made through, or his frined who actually has the kit.
 

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I am just not sure now who is legally liable for my money or the kit - the person who the deal was made through, or his frined who actually has the kit.
I believe liability rests squarely on the shoulders of the person with whom you have made the deal (the one with your money). This does vary from state to state though.

Today’s mantra should be ‘In god we trust, all others pay cash through Sir Williams escrow! Consider it kind of like an ‘Escort Service’ for you trading pleasure.
:D
 

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tbirdbrain said:
I believe liability rests squarely on the shoulders of the person with whom you have made the deal (the one with your money). This does vary from state to state though.

Today’s mantra should be ‘In god we trust, all others pay cash through Sir Williams escrow! Consider it kind of like an ‘Escort Service’ for you trading pleasure.
:D
Yep, the one who took the money via USPS and didn't deliver a product, that's Mail Fraud, a Federal offense. Send him to jail and make mommy bail his sorry butt out.
 

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ShadowDragon said:
Yep, the one who took the money via USPS and didn't deliver a product, that's Mail Fraud, a Federal offense. Send him to jail and make mommy bail his sorry butt out.
He's right, it is. 0wN him. Gather all the PMs, print them out with a date on it. Print out your PM list with the dates on them and if you have them, read reciepts. Get a copy of confirmation that the package was delievered and check cashed.

Clean cut, easy, no problems. Document document document.
 

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i did not myself know about ESCROW.....but i guess i do now....and also one thing to note....is when you do think you trust a person you dont usually go to precatiauns like that....and also 3rd parties can also slow the dealing down....i know as sometimes when i need to get something from my mom....my dad gets involed and it becomes a slower process....if that makes any sense at all....and im sure any time someone takes money and doesnt deliver the product they said they would...that its a crime
 

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4point6r0x0rz said:
Perhaps you should name the person and put him to shame here and at the other board first. Maybe peer pressure will get him to fulfill his end of the deal.
Heh... While I like the shame and peer pressure idea, it could wind up as slander/libel charges against the screwee (Aaron_T in this case) with the screwer getting off scot free. I still say burn his keester with federal charges. The person who accepted the money is the one you file charges against.
 

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Sorry, just read it's FedEx not USPS so no Mail Fraud. But it is failure to deliver for paid products across state lines which still makes it the Federals jurisdiction.
 

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TGJ: Do I know you?

I'm trying to remedy this issue. The parts were sold for a friend as a favor. Now he has turned around and bit me in the a$$. I've never once severed communication with Aaron and have been working on getting his parts shipped or his money back since day one. Ask Aaron and he will verify this. We have exchanged numerous PMs and emails. The money orders I received were immediately relayed to the person I sold the parts for. I have receipts of this transaction. I never once admitted power of attorney and I was upfront about selling them for someone else. Had there been a stipulation, I would have returned the money before I sent it out to the person.

I admit, I am partially to blame for Aaron's situation and feel guilty. I've devoted a lot of time to this issue and will continue to try to the best of my efforts to rectify it as quickly and efficiently as possible. However, the person is no longer responding to my emails or calls.

I have not made any money from this deal. I am not trying to scam anyone as I have neither the money nor the parts. I apologize for Aaron's plight and am trying my best to make sure he doesn't get "screwed."

- Charles
 

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Then if he files charges you will just need to prove you gave the money to the person who didn't deliver the parts, though you would still be an accomplice. It would be better for you to call the cops or small claims court the person who has the money & the parts before Aaron does.
 

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ShadowDragon said:
Then if he files charges you will just need to prove you gave the money to the person who didn't deliver the parts, though you would still be an accomplice. It would be better for you to call the cops or small claims court the person who has the money & the parts before Aaron does.
I plan to do that if it comes down to it. I have a bank transaction stating that I did indeed transfer funds to his account (via a check sent to him that he deposited).
 

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Discussion Starter #16
Charles, I was trying to keep your name out of it, but thanks for replying.
The fact that you willingly came on here and posted in this thread I guess shows what type of person you are.

He is right, he has been trying all he can, but I did not know until 14 days after I sent the money that it was someone elses' nitrous kit, so there was no "up front" about it. There also was about a weeks worth of no replies from you btw.

If his friend would be the only one legally responsible, that would be nice, so that Cyntaxx doesn't get screwed over. However, legally wouldn't Cyntaxx be liable?
His friend is the one screwing us over, Cyntaxx is not.
Just not sure what the best thing to do is.
 

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Aaron_T said:
However, legally wouldn't Cyntaxx be liable?
As he took your money, yes. If you took him to court he would have to produce the money or the kit. Proving he gave the money to someone else would likely lower his offense to an acomplice, but it would still result with him having to come up with the money or the kit since they would tell him he should have waited till he got the kit before giving the money (then he would be acting like an escrow service and wouldn't be in trouble). He could then go after the other person to get his money back, or you could go after the other person yourself if the information is given to you.
 

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I could be wrong, but doesn't the "victim" have to file charges before anyone can be charged with anything? Short form.. if you don't file against cyntaxx, only his friend.. will have to awnser charges. At this point.. I think this falls under Civil Court Proceedings (Person vs Person), not criminal (district, state, federal vs Person). Criminal courts go after accessory charges. Besides, even in some criminal charges, the victim has to press charges before anyone is arrested and charged.
 

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Thumper91 said:
I could be wrong, but doesn't the "victim" have to file charges before anyone can be charged with anything?
Yes, and that is what he is considering doing after waiting a month for something. I would go after the other party, if cyntaxx gives him the info... instead of cyntaxx himself.
 

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Discussion Starter #20
ShadowDragon said:


Yes, and that is what he is considering doing after waiting a month for something. I would go after the other party, if cyntaxx gives him the info... instead of cyntaxx himself.
What info would be needed? Proof that he received money for the kit? I have all his personal info (address, number, work address, work number...).
I still hope it doesn't come down to this, but his excuse has always been "he's too busy to ship them out". That is when he actually talks to someone about this, which he hasn't for a week. He said the packages were gonna go out last Monday, to me specifically. I gave him other options, such as an $8 pick-up fee from FedEx. I even offered to help with shipping since he was complaining about the cost, but after this long, I don't think he deserves any help.
 
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