johnlad
Well-Known Member
What can the courts do if the company at fault has already folded? If it’s a civil matter and it’s a limited company there’s nothing can be done.
Hippo
Lord Hippo
It depends on the conviction. If its theft, deception or fraud... or mix of. There could be some tax evasion anorl. If he gets a criminal conviction and has been seen to benefit from it then the proceeds of crime act can take money or assets oft thems convicted, to counter the perceived benefit. If they have moved property etc to other peeps then that can be reversed by force. If they think he's got a stash they can't find and he still owes them... then they will give him more time in prison unless he gives it back.
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johnlad
Well-Known Member
All of the above is only relevant if it’s a criminal conviction, if it was then the police would of investigated the case, from what I can see without reading from the beginning it’s individual peeps having to bring actions against them
Colthebrummie
Well-Known Member
Unfortunately, it is a fact that in Birmingham, the police and courts are much less likely to take action against Asians because the council is largely made up of wealthy Asians. My daughter works for the courts and has told me it is unbelievable the severity of the penalties, if any compared to similar offences committed by white criminals is very low.
Col
Col
Hippo
Lord Hippo
They have been charged with fraud. Pushing prises higher after initial agreement and refusing to give vehicles back if the owner doesn't pay the new higher price. I don't know if there are further charges where they have just nicked the car when the owner thought it was taken for repair.
Fraud can be criminal or civil. In this case i assume criminal as the police have charged them.
owas
Well-Known Member
Honestly, looking at them I'm surprised nobody had kicked thier heads in yet.
Hippo
Lord Hippo
They're just the management. Others involved me thinks.
Colthebrummie
Well-Known Member
I thought it was a bunch of East Europeans running the show.
Col
Col
Hippo
Lord Hippo
Thought to be involved. Some seen on site so they may just be workers. The owners are in the pic above. Theres a female from the same family anorl.
KISSMYAURA
Well-Known Member
Civil Fraud is really pursuant of a claim for loss is a small claims court. Its not really what we associate with the word Fraud.
They should be charged with
conspiracy to defraud in my opinion
Fraud
Common law, Fraud Act 2006, s.1, Theft Act 1968, s.17
Effective from: 1 October 2014
Fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, Fraud Act 2006 (section 1)
Triable either way
Conspiracy to defraud, Common law Triable on indictment only
Maximum: 10 years’ custody
Offence range: Discharge – 8 years’ custody
False accounting, Theft Act 1968 (section 17)
Triable either way
Maximum: 7 years’ custody
Offence range: Discharge – 6 years and 6 months’ custody
Hippo
Lord Hippo
I get the feeling they're going to get away with a lot of what they have done. There's no charge relating to theft of vehicles where they have been taken and not given back. The current charge relates to pushing up the price. Those who never suffered price pushing by blackmail, won't get the chance to see them prosecuted for what they did. I can only assume there's not enough evidence to support it in court.
Good luck getting any positive response from ebay!
gold rover
Well-Known Member
I've never had any issue in my own dealings with Ebay. They have refunded every time something has gone wrong, if the seller didn't.
Wrong. The legal definition of theft is to take something with the intention of keeping it.
That's why you have 'theft of vehicle' and 'taking without owners consent'.
My cousin picks a number out of the air, doubles it, adds the current year to the quote if it's a job he really doesn't want to do. That usually works. Occasionally when the customer doesn't take the hint he'll then tell them that's plus VAT. I don't think that's failed yet.
You're luckey then. Mine, and people i know's experience has been somewhat different!
Most recently regarding their attitude to people selling Defender V5s and chassis plates...
gold rover
Well-Known Member
That's a shame but as in everything , buyer beware.
The place my brother worked at unwittingly employed two chaps of that persuation. They only discovered this after they returned with a cheque for the money owed and after being paid left. Within half an hour members of the West Mercia Constabulary arrived...
Apparantly, these two men had gone to the debter's company premises, went upstairs to talk over the guy's unpaid debt. After not getting the required result dangled him out of the window by his ankles until he agreed to write out a cheque for the owed amount. As soon as they left the guy made two phone calls. One to his bank to cancel the cheque the next to the police.
My brother's boss hadn't gone out to employ these two guys. They cold called asking if he needed any debts collecting. I wouldn't have believed the story if it hadn't been my brother who told me.
The police believed his bosses when they said they had no idea the guys would do what they did.
True, but they seldom advertise in the Yellow Pages...
