by bowmanni  26/12/2007  13 Comments  5846 Page Views
Commercial law, litigation, contracts, IP, property law

I was recently the victim of a scam on Ebay when I purchased a Playstation 3 from a seller in NSW (I live in Victoria).

To cut a long story short, the seller was ripped off by her supplier who did a runner and left her without money to refund several buyers.

The police in NSW I spoke to verified her story and are conducting a criminal investigation - They said it's unlikely they'll recover money from the fraud event (In my case $700).

The seller claims that the matter is out of her hands and I should chase up the supplier for my money!!!

I've sent the seller a very polite email explaining that she is still liable for my refund irespective of shonky suppliers she is dealing with and even suggested she could pay me back in weekly installments. To paraphrase her reponse: "Not my problem anymore - I am now ceasing any communication with you".

I believe the best course of action is to make a civil claim against the seller, however I have a couple of problems with taking the matter further:

1) I know the seller's full name & DOB, but not her residential address (Which she won't provide)

2) I live in Victoria and she resides in NSW. Is there a process to make a civil claim interstate? I couldn't find any info about this on the VIC Deparment of Justice website.

 

I'd appreciate any feedback.

Sincerely,

Nick