what can be done if someone doesn't complete swap

[sgt davis]

hi all,
what can you do if someone takes your gun and doesn't send there swap and then says he will pay and doesn't.
was thinking of getting police involved as this must be classed as theft or fraud any ideas would be much appreciated.

[b16jus]

Re: what can be done if someone doesn't complete swap

That's a tough one as technically not theft as you sent it.

Deff leave neg

[bill1310]

Re: what can be done if someone doesn't complete swap

u got adress go and visit

[SO19]

Re: what can be done if someone doesn't complete swap

Politely remind him that you obviously sent him the item and therefore know the address where he may or may not reside - so visiting them to either pick up the other item or the original item would be rather easy..................

[NitroJoe]

Re: what can be done if someone doesn't complete swap

It's a breach of contract, defrauding you of your possesion. I'd tell him to pay up in x amount of days, or you will be contacting the police (you have his address!)

Definitely do more than just leaving bad feedback!!

P.s before the usual "get round his house" comments appear, avoid that behaviour and even talk of it completely or he could use it against you.

[JOE90]

Re: what can be done if someone doesn't complete swap

Yep police is the way forward in that case, just get a good case together first, proving details of the swap, and pms if possible between the both of you, receipts for postage etc, the more the better, ive dealt with you before, swap too, so i wish ya good luck mate.

[MAJIK]

Re: what can be done if someone doesn't complete swap

you have his adress go say helloo in the middle of the night but seriously pay him a visit dont be agressive just keep calm and telll him what you want.If he refuses say you will cal the police if he doesnt give you the gun back or give you his gun/money back.

What id do
Dom

[middo85]

Re: what can be done if someone doesn't complete swap

When you say 'takes your gun' what exactly do you mean?

I would give the other person a set deadline to return your property or pay for it and tell them you will contact the police if they fail to do so.

Although at the moment it's a civil dispute it could be considered theft in certain circumstances,

Theft is if a person dishonestly appropriates (obtains) property belonging to another with the intention of permanently depriving the other person of it.

If you believe the other party obtained your gun dishonestly and does not give it back, swap it or pay then it MAY constitute theft

That said it very much depends on the circumstances, be calm, reasonable but firm when dealing with the other party and hopefully it can be resolved without any further hassle

[Caveira]

Re: what can be done if someone doesn't complete swap

2 courses of action:

Small claims court. Requires you to prove your case is simply more likely than his defence. If you can prove this then you win.

Police/criminal court. Requires you to persuade the police who, in turn, have to persuade the CPS that there's a case that can be proven beyond reasonable doubt. Then, a barrister has to persuade a jury.

The police aren't likely to take much action beyond having a word and trying to get the problem solved quickly and quietly. They've got more important things to deal with. This wouldn't be theft, but it would clearly fall into the category of fraud ("Fraud by false representation" is defined by Section 2 of the Act as a case where a person makes "any representation as to fact... express or implied" which they know to be untrue or misleading.)

Small claims is easy, cheap and relatively quick. I've been involved in 4 cases that have gone to small claims. 2 were decided in my favour without a hearing. 1 was decided in my wife's favour after 10 minutes. The last took nearly a year, but in the end my wife won her case. In all 4 cases, not only was the full amount recovered, but so were all costs, expenses, interest and in one case damages.

[Gaffa]

Re: what can be done if someone doesn't complete swap

As already suggested though, go to their house. Personally, I'd send a letter asking what was going on, and if there wasn't a reply within a week, make a visit.

[MAJIK]

Re: what can be done if someone doesn't complete swap

I forgot to mention make sure you have avoice recorder and record the conversation so theere is no way he can crawl back into his hole and leaveing you with no proof.Print off all PMs to do with with swap and make sure youve orgainesed it well.

Dom

[Danny_boy85]

Re: what can be done if someone doesn't complete swap

is it only me that thinks you should be able to store sent messages. there might be an option i havent seen but if you cant its proper crap as you have no proof of what you have sent to the seller/buyer/swapper.

But yes, a nicely worded pm or email to them explaining that you will get the police involved or take them to the small claims court if they dont pay etc

[Q]

Re: what can be done if someone doesn't complete swap

Yes, whilst technically it looks like theft, I can tell you, from experience that police advice will be that this is a 'civil dispute' and something that you can remedy via small claims court or other civil remedies

and whilst Rockinrobin makes a valid point, re the CPS, the police now have the power to charge far more offences without resort to CPS. However, they will consider it a civil dispute, so you are unlikely to convince them to become involved until you have exhausted civil options

[middo85]

Re: what can be done if someone doesn't complete swap

I forgot to mention make sure you have avoice recorder and record the conversation so theere is no way he can crawl back into his hole and leaveing you with no proof.Print off all PMs to do with with swap and make sure youve orgainesed it well.

Dom

You can't record someone without their consent, just keep a record in writing of correspondence in case you need it as evidence for a county court claim or for the police.

Just a point regarding contacting the police, it would be easier to make any complaint to the force the other party lives in, as this is where the offence if there is one will have been committed (if he doesn't live local to you)

[SO19]

Re: what can be done if someone doesn't complete swap

[QUOTE=Danny_boy85;680701]is it only me that thinks you should be able to store sent messages. there might be an option i havent seen but if you cant its proper crap as you have no proof of what you have sent to the seller/buyer/swapper.
[QUOTE]

You can - its in the User CP under settings - HOWEVER personally I think it should enabled by default for exactly this sort of reason.
This is the only forum I use that you have to "switch on" your pm's - they should be saved automatically.