http://www.briskoda.net/forums/topic/273083-brisky-scallies-saints-an-informal-guide-for-buyers-sellers-revised-2014-02-15/?p=3943545

 

I'm saying no more, but if it was you that had bought this Columbus what level of support would you expect from Briskoda?

http://www.briskoda.net/forums/topic/273083-brisky-scallies-saints-an-informal-guide-for-buyers-sellers-revised-2014-02-15/?p=3943545

 

I'm saying no more, but if it was you that had bought this Columbus what level of support would you expect from Briskoda?

 

From the Forum Rules:-

 

 

By using the classifieds section, you accept that BRISKODA.net is not liable for any dealings that take place between members and will not become involved in any disputes that may arise. Please exercise sensible caution in sending payments for goods to unknown parties.

It is advised that you do not 'gift' payments to others as you are not protected should issues or disputes arise.

Nothing to do with a gift payment or an unknown party though. My advice to anyone buying from the classifieds is to pay by PayPal only and pay the fee so if you have a dispute PayPal will recover the payment. Don't pay cash as you have zero protection, as Briskoda themselves will not offer you any assistance.

And I have evidence in the form of PMs between members on this forum that they knew the unit was faulty some time ago. As I said, the internet makes the world a small place.

I just copied from the rules and even though the latter part is enlarged and highlighted, that's just as is and not modified by me.

 

It was the first part that I wanted to bring to your attention.

 

However, and on a purely personal note, I think it stinks that this has happened.

 

PM me some details please.

Will do in the morning if that is OK

2Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

*

On the other hand, "Caveat Emptor".....

Rather poor form but I guess part of the risk of buying things in this manner.

Perhaps someone could assist the poor guy in pointing hin in the direction of someone who may be able to repair/recondition the unit at reasonable cost as so it's not a total loss? Unfortunately I can make no such recommendations as I've had no experience with Columbus HU's

Looks like it needs a mainboard so is probably scrap as that is another £200+

2Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

*

On the other hand, "Caveat Emptor".....

Agreed, seems clear case of fraud to me as long as there was a clear representation made that the unit was in full working order.... I would suggest the buyer inform the seller that unless a full refund is forthcoming the police will be asked to investigate the matter.

The buyer is already considering small claims court, and seeing as there are PMs between members on here from months ago describing the faults, and also a PM from the seller to the buyer stating that the unit was working fine in his car then I expect a request to go in for access to those PMs as evidence.

 

Police won't be interested will they, between 2 individuals won't it be seen as a civil matter?

I believe there have been other cases where police have pursued this kind of fraud, which is what this clearly looks like, if the posts I have found are the ones related to this. You can sell it in whatever state you want as long as you don't misdescribe it and I would certainly believe it was in full working order, so clear intent to deceive.

Worth taking advice from..

 

 

 

www.actionfraud.police.uk

Thanks guys - I'll pass this on.

The buyer was gutted (understatement) when we found out you couldn't communicate with the unit on the Infotainment data bus, and even more so when the seller point blank refused to refund stating 'sold in good faith'. What about 'purchased in good faith'??????????

I'm probably being very optimistic but could it have been broken in transit at all?

I'm probably being very optimistic but could it have been broken in transit at all?

 

See Andy's posts further up, the unit was known to be faulty by the seller and there are PM's as proof....

And the buyer collected it.

 

So on the plus side he knows where he lives

Yeah its not good, least the guy could do was take the unit off his hands and give him his money back.

andyvee, on 19 Sept 2014 - 11:48, said:

The buyer is already considering small claims court, and seeing as there are PMs between members on here from months ago describing the faults, and also a PM from the seller to the buyer stating that the unit was working fine in his car then I expect a request to go in for access to those PMs as evidence.

 

Police won't be interested will they, between 2 individuals won't it be seen as a civil matter?

It's not civil if there is clear evidence of misrepresentation - it becomes criminal.

 

I wouldn't bother with Action Fraud - they tend to be more set up for distance online fraud. If there is an identifiable suspect they will simply record the details and then pass on to the local police force to investigate.

 

The police will likely suggest it is civil (because most things like this are) but if you turn up with all the evidence, emails, PM's etc  and stick to your guns they will have to investigate.

 

 

And if I were the original seller reading this then I think I'd rather give the money back than risk a conviction for fraud....let's face it a fraud conviction always looks good on your CV at your next job interview!

Edited 19 September, 201411 yr by bouff34

I've just taken some one to court and won, it's similar to what's been said on this thread.

I won on fundamental breach of contract in small claims court, had to travel to Wales from cambridge to appear in court..... Nightmare! The defendant is still refusing to pay so I'm issuing a high court writ next week and if that don't work I'll be applying to bankrupt the defendant.

I still have the option of getting police involved as its classed as Fraud by misrepresenting the item I purchased. The judge said the police have to get involved as its fraud no matter what's been brought or sold.

Also the defendant had a CCJ put on his credit file straight away!

It's not civil if there is clear evidence of misrepresentation - it becomes criminal.

 

I wouldn't bother with Action Fraud - they tend to be more set up for distance online fraud. If there is an identifiable suspect they will simply record the details and then pass on to the local police force to investigate.

 

The police will likely suggest it is civil (because most things like this are) but if you turn up with all the evidence, emails, PM's etc  and stick to your guns they will have to investigate.

 

 

And if I were the original seller reading this then I think I'd rather give the money back than risk a conviction for fraud....let's face it a fraud conviction always looks good on your CV at your next job interview!

 

I would start by reporting to action fraud as the idea is they are a nation entity across the UK, the reason being that there's a record of this sellers actions available at a nation level and if they try it one with someone up the country it may not come to light as easily that there have been previous issues. If they then deem it's to be dealt with by a local police force then all the information will be passed to the local force and then they too will have access to that information. Action Fraud and local level Police forces don't have a direct access to information from one another and have to go through a process to share data so reporting locally could mean that if someone reports to action fraud from the other end of the country this persons misdeeds then they may not know about the prior issues.

 

However, it seems this would be more of a civil matter and if it was me I'd be wanting my revenge by taking the scrote to court.

Take the unit back to the bloke and lob it through his rear window. I despise people like that.

Going back to the original question, if it's such a clear case of misrepresentation/fraud, I'd expect the guilty party to be banished from Briskoda. Granted they may be able to come back and register under another name, but I would expect a stern expression of opprobrium from the powers that be behind briskoda.

And if the case does result in successful court action, then I'd like to see the culprit's name and home town published on the forum to help other members falling foul of such sharp practices.