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fraud by false representation

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bigchris | 23:49 Wed 16th Dec 2009 | Law
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in my nievety i sent £70 and a mobile phone to a person who told me they would send me an iphone a week has passed they claim they was on holiday and had sent the phone and would contact royal mail on the 14th dec its now the 16th dec i have heard nothing despite numerous emails am i right in assuming thats fraud by false representation i know im an idiot and what are my options cheers
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What mobile did you send?

Looking at the price of iphones....
Possibly, but you are going to have to track the person down to be able to do anything about it.
Question Author
i have their name and address and i sent a c902
TBH, not much time has passed and rm are slightly innundated this time of year!
There have been problems with post being delievered across the country, probably because it is a busy time of year and they are still shifting the backlog from a month or two ago.However, it does sound a little dodgy to me.

How did you send the money, was it cash, cheque, credit card, debit card or an internet transfer?

If it was a cheque, try and put a stop on it, if it was done using a debit card, you can do something called a chargeback-ask your bank about this and do it soon as you only have a limited time to do this. If it was using your credit card, then you can do something called a section 75 request.That is section 75 of the Consumer Credit Act.This means if you have paid for goods not received or that are unfit for purpose, your credit card company will reimburse your account and it is their job to try and recoup the money from whoever took it fraudulently.(Not in this case but if the bank investigate and find you were at fault, they can re-debit the funds).

If it was cash then I don't have a lot of suggestions, as with the internet transfer, as these things aren't covered by your bank.
I would assume there is a tracking number ?
Question Author
i sent a cheque together with the phone via royal mail special delivery problem is i cant block the phone coz 3 say that the phone isnt mine in the first place so they wont put a block on it pretty daft if you ask me plus i didnt make a note of the imei number i have contacted 3 in the past to try an get an unlock code for phones but as i mentioned before because the handset isnt in my name they wont help very frustrating so looks like am gonna have to let this one go an learn not to be so trusting in the future
you should be able to block the cheque if it has not been cashed and if it has you or rather your bank can track them down as rarely will a bank give cash for a cheque, they will have had to cash the cheque into an account and won't have access to the money until it clears from your back
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unfortunately the cheque has long since cleared so not much i can do there just have to put it down to experience

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