Desperatly need help. Scammers

[MizzVR]

Hey guys. Need some help big time.
Recieved this email from the guys who were trying to scam me.


"Hello,
Thanks for your information,
well i just want to inform you that the payment package for the property been bought from you will get to you in less than 7 days from today through EXPRESS REGULAR MAIL and my client said that i should inform you that you should consider your property sold and also make sure that every arrangement towards pick up from his agent will be tidy and fast,
You should also remove the property from the ad you posted it to avoid complications from other interested buyers
We also appologised for the delay in this transaction,the agent will be contacting you as soon as you receive the payment package so that the pick up arrangements will be concluded between you and the agent.

Once again you should consider your property sold and we thank you for your patience and
sincerity in this transaction.
Also kindly reconfirm your phone number for further contact by the shipping agent.

Thanks"


Before I realised it was a scam I sent them my address... Big mistake....... But then I sent like, 5 emails saying that the car has been sold elsewhere and not to make further contact with me.. Now I've got this email. WHAT DO I DO???????

[Kikki]

Where are you selling it?

[MizzVR]

I had it advertised on aussiecarforum.com

I haven't actually sold it yet, I just told them that coz I don't wanna get scammed...

[Kikki]

I had big drama with someone trying to scam me on Oztion when selling my VX, I got in contact with the local Fraud Police and they took care of it, could be an option even to get in contact with them and get some advice, otherwise send them an email back (forward it to some one else also) stating that you have sought legal advice and wish for no further contact, if they then keep in contact it's also then classed as harassment. (I have a letter that I wrote to the person trying to scam me if you need it, obviously edit to suit)

Dear name/site here,

Matter of Make/Model of car here.

As I have previously mentioned, I have sold the above vehicle for a price I am happy with and it will no longer be in my possession as of this afternoon. Due to the incessant correspondence, I have sought legal advice in this matter and am severing any contact that you try to have with me, this is due to the fact I am not legally obliged to sell you anything as you we have not signed a contract of sale, a deposit has not been paid for the goods in question nor were there any promissory notes given. To pursue this matter any further would be a severe waste of your time and money as I haven't "physically signed" any documentation to reinforce a sale of the above mentioned item to yourself. I will call upon the authorities to ensure prompt removal of any persons trying to trespass on my property in regards to this matter, I wish also for no further written contact with yourself or company in regards to the sale of the vehicle. This email has also been forwarded to other concerned parties whom told me to draft such a response and it will be kept on their records until such a time it will no longer be required. I apologise if you felt you were misled or unfairly treated at any time.

Regards
Your name here

.

Have you actually "promised" sale to them in writing? (email)

[MizzVR]

Thanks for that. I've already told them that I have sought legal advice and not to contact me anymore.. but they keep contacting me.

This is what I've said in emails to them:

"Hi there,
If you are still interested in my Mazda you can have it for $3000 this week. It has rego til September."


"Just to confirm, the condition of the vehicle has changed since I listed it as 'For Sale'. It has now done 213,000kms and there is a dint in the front left quarter panel, and on the rear left wheel arch. Mechanically the car runs well, with no leaks. I have also just had new front brake pads and rotors put in. RWC would have to come at buyers expense, as I no longer have time to get it done. Please inform your client of this and get back to me ASAP.
Many thanks"

[Rufus®]

Contact your local consumer affairs, they will be able to guide you in the right direction.

Report a scam

[MizzVR]

ok well I sent what Christie said to the scammer and if/when the cheque gets here I will take it straight to the cops...

[Keepleft]

The original quote is from an idiot, a person who in life would speak a lot, but not a lot is there:-) An empty vessel if you like.

You are too nice to such people.

[Tsunamix]

Under australian Law, and Item is sold, only when you say it is. You can reject or refuse payment at any time, based on any reason you like.

However once you ACCEPT payment, you must deliver the item promised.

Simply return the cheque to them. Technically speaking you don't even have to do that - just DON'T bank it.

[HamaTime™]

Under australian Law, and Item is sold, only when you say it is. You can reject or refuse payment at any time, based on any reason you like.

However once you ACCEPT payment, you must deliver the item promised.

Simply return the cheque to them. Technically speaking you don't even have to do that - just DON'T bank it.

Well depends on whether the contract has been undertaken, the offer has been accepted and whether consideration has been satisfactory.

Hey guys. Need some help big time.
Recieved this email from the guys who were trying to scam me.


"Hello,
Thanks for your information,
well i just want to inform you that the payment package for the property been bought from you will get to you in less than 7 days from today through EXPRESS REGULAR MAIL and my client said that i should inform you that you should consider your property sold and also make sure that every arrangement towards pick up from his agent will be tidy and fast,
You should also remove the property from the ad you posted it to avoid complications from other interested buyers
We also appologised for the delay in this transaction,the agent will be contacting you as soon as you receive the payment package so that the pick up arrangements will be concluded between you and the agent.

Once again you should consider your property sold and we thank you for your patience and
sincerity in this transaction.
Also kindly reconfirm your phone number for further contact by the shipping agent.

Thanks"


Before I realised it was a scam I sent them my address... Big mistake....... But then I sent like, 5 emails saying that the car has been sold elsewhere and not to make further contact with me.. Now I've got this email. WHAT DO I DO???????

Whoever the hell this person is, why the F*CK are they using such stupid language, referring to a car as your 'property' and 'my client'. Who seriously does that? Not even lawyers or legal professionals would do this, unless the situation required it, like court.

The car is not sold until you have agreed that it is sold. Have you said to them, yes, I will sell my car to you?

If you have then your in the shitter, legally that is.

Otherwise, just ignore this guy, send him a blunt email, saying 'I do not wish to sell the car anymore' or something along those lines...and 'Please stop contacting me or I....bla bla bla'.

[MizzVR]

I'm taking the cheque to the cops if I ever recieve it. lol this is making me remember VCE legal studies. Best subject ever.

[shiftySLE]

and dont send ANY further emails. Stop all contact with them. If something turns up then worry about it. F*****n scammers, they are the one reason I hate the net.

[Vee-ard]

how is this a scam? I dont understand, its just some idiot harassing you.

[Slippy_Trippy]

Im not sure if I understand correctly but if they send the money required I don't see the issue and if they don't send the money then you haven't received consideration and the contract in invalid anyway.

How far did the deal get? For it to be binding you need:

-Intention - Do you both intend to enter a legally binding contract (I'd say so)
-Offer - He makes you an offer which is either going to be what you were asking or he can choose to try and haggle. Your advertisement is not an offer but what is know as an invitation to treat, much like a supermarket where things are advertised for sale. In this scenario the offer comes when you take items to the register and YOU make an offer which is the payment. You can merely remove the item from sale at this point in the same way a supermarket can.
-Consideration - Consideration is something of value that each party recieves, in this case car/money. If consideration is not received contract is invalid.
-Acceptance - When you are both happy with your considerations you both accept and only then is the deal done.

I think that is all still current information, hopefully it helped a little bit at least.

[MizzVR]

how is this a scam? I dont understand, its just some idiot harassing you.

Hello jess,sorry for late responce we have concluded, making the payment
Thanks for your email and update on the bottom price($3,000),it was
accepted by my clientand he has directed us to issue payment to you. I
would need your assurance that the property whose payment we would start
processing,is in a good condition as the only view our client had of the
vehicle was on the internet and this purchase is hinged on his personal
judgement of what the property's state and output would be like,in
comparison to models of its category. However,he made out a certified
cashiers check of($7,000) before he travelled for a conference,for a
previous vehicle and its shipment charges etc,but it wasunfortunately
sold. The amount on the check he deposited for the vehicle is bigger than
what should be paid to you now, so the check is now meant for the total
expenses which includes the purchase of your vehicle ,its pick up from its
present location and the shipping charges/other necessary shipping
arrangements.However he has instructed us to bikery on with this
transaction. So when payment gets to you, you're required to deduct the
cost of your vehicle ($3,000) and send the balance of($4,000) to my client
shipping agent to enable him offsett shipping charges/arrangements. Once
the transaction is concluded, My client shipping agent will be coming for
the pick up of the vehicle from its present location, on an access to a
prepaid shipper for shipment,and also conclude other necessary shipping
arrangements. So you dont have to bother yourself about the pick up and
shipping rrangements, while title papers and other necessary documets will
be sent by you via fedex courier . Please Confirm this and provide (1)
NAME (2) CONTACT ADDRESS AND CONTACT PHONE NUMBER(s) for check payment to
be delivered to you via regular mail immediately , please remove the add
of the vehicle from the internet to avoid complications from other buyers"


That is how it is a scam.

[Philthy]

Wasn't there another one exactly the same as this not long ago?

Definately steer well clear of it

[MizzVR]

yeah.. kinda realised after I made this thread that I should have just added on to that one. I got another email from the same person, which I pasted in the first post... They won't take no for an answer, I said that there was no deal, and they've ignored all the emails saying that the car is gone.

[Slippy_Trippy]

Yeah, that is a scam alright. Just take bank statement of where he claims to have deposited the money (since the message says they deposited the money rather than sent you the cheque) to prove that no money was exchanged.

Apart from that when you contact police etc they will go over all of the messages and see that the person is clearly just trying to confuse you with bad English and incorrect use of legal jargon.

I wouldn't be stressed in terms of loosing money, you may lose some time getting this sorted though. Call consumer affairs and you should be fine.

[MizzVR]

Awesome. Will do. Thanks for that

[Philthy]

I knew there was one like this not long ago - Need help selling my car.

Are they still giving you trouble about it?

[Jesterarts]

If you have then your in the shitter, legally that is.

Awesome, we have a "legal" expert.

No, she is not in the shitter legally unless she had accepted the money and didn't hand over the vehicle.

Until she receives a deposit or full payment, she can do whatever she likes even if she agree'd to sell the car to this person.

Best thing to do now is let the authorities know about your issue so they have a record and from that point ignore these guys.

Simple.

[HamaTime™]

I'm taking the cheque to the cops if I ever recieve it. lol this is making me remember VCE legal studies. Best subject ever.

I know. Best subject ever.

Awesome, we have a "legal" expert.

No, she is not in the shitter legally unless she had accepted the money and didn't hand over the vehicle.

Well I would hope I know quite a bit about law because I am a law student at uni, and always been very interested in law.

When a contract takes place (this is essentially a contract), There is the offer (holden girl putting the ad on the internet), the acceptance of this douche bag emailing her (emails) and the consideration, (the payment for the car).

Now a court will see this as a contract, and will see it as valid, if they find that holden girl has agreed to the terms of the contract. I'm not saying she has, I'm merely just pointing out that this is the scenario that could happen if she had said 'yes I will sell my car to you' in many more ways than one.

The car is not sold until you have agreed that it is sold. Have you said to them, yes, I will sell my car to you?

If you have then your in the shitter, legally that is.

Like I said.

Until she receives a deposit or full payment, she can do whatever she likes even if she agree'd to sell the car to this person.

Not really. If the contract has been agreed on, it cannot be reversed in these situations. Regardless that this is the law, many people will agree to sell their car to someone for $X amount, but then Joe bloggs will come along the next day and offer $X+Y, and the seller will accept it. No one is the wiser. But legally, the contract is legally enforceable when she has 'accepted' the terms of the sale. Not when she receives or accepts payment.

Not trying to start a debate or an argument by the way. Back on OP's Topic.

[levymetal]

But legally, the contract is legally enforceable when she has 'accepted' the terms of the sale. Not when she receives or accepts payment.

i think you've forgotten the most important issue - this is clearly a scam. how can a scammer have legally enforcable rights? what can they possibly do if she simply ignores them from now on? do you think a scammer would try and bring legal action upon her, which would ultimately reveal their scam and put themselves into jail? i think not.

[yeeeezy]

well in some casses yes, because some of these people are that good at it they know ways around the legal system and know how to avoid being caught while attempting these things.
Not saying these people are, just making a quick point that there are some people able to get away with it based on how the do it, or somthing along those lines

[Joe Peeps]

i think you've forgotten the most important issue - this is clearly a scam. how can a scammer have legally enforcable rights? what can they possibly do if she simply ignores them from now on? do you think a scammer would try and bring legal action upon her, which would ultimately reveal their scam and put themselves into jail? i think not.

finally some sense!

dont worry about the state of the contract because it doesnt matter. you cant look at one area of law only in isolation. the world isnt neatly broken into "units" anyone can quote from a contract law textbook