To contact the police about this? Is this fraud?

[thereareflowersinmygarden]

A friend of mine bought something on a local selling site. Found the item to be faulty when he got it home. He returned it and the seller promised to refund the money. No money has turned up (was all done via cash).

Is this fraud? Would the police be interested?

It’s not a police matter, it’s a civil matter.

You sure? Seems like fraud to me

Yes I’m sure, no crime has been committed. It’s more of a case for small claims court.

Obtaining goods or services by deception?

Can it be proved the item is faulty deliberately with the intent to defraud the buyer?

That would be impossible in any situation

The issue is not the fault, it's the fact that they took it back, promised the refund and no money has been received.

try the local citizens advice or the trading standards office

The police won't care. Usually these things are 'sold as seen'

It’s caveat emptor when you buy in this way. I don’t think the police would be interested. Businesses must sell stuff that is fit for purpose and you would have recourse if it was faulty, but if buying from a private individual you basically accept that it is what they say it is.

It’s not fraud. Small claims court.

But the item was returned. No refund given despite being promised.

My friend now has no item and no money.

Why don’t you believe us when we say the police won’t interested? They cannot get involved in transactions that have issues.

If it was all cash, why did your friend go away without the refund when handing back the item?

Your friend also has no proof they returned the item, sorry but small claims is the most that can be done and even then may cost more than the item. If done via cash why did he hand over without? Was it bank transfer? If so if there’s an email/text chain then they may be able to help, provided the third party still has the money in the account.

Small claims court if friend has proof.

You can also report it to Action Fraud.

It’s really on the buyer to be paying attention here, the police won’t care. The buyer gave the item back and left without getting the money... honestly, what do you expect to happen in that situation? The buyer was a bit stupid... and the police won’t care. There’s no proof.

Police won't deal with it.
Civil action as stated above.

How did he collect I and return it , all cash transactions, then he must have done it in person. Why would you return a broken item and not get your money back?

Your friend learned a valuable lesson about the importance of buying from reputable sellers.

Why did he hand it back then leave without his money?

Private sellers are not the same as a business. Police will not be interested. If there is anything in writing like txts or emails you could go to small claims, think it costs £40 so unless item is worth it...
If they are regular sellers on ebay or fb he could give them a truthfull review (although many will just delete it or lie about it back)

"Buyer beware" hasn't been warning for milenia for nothing😉

Unless there is more to it than you’ve posted this is just a promise of a refund that has not yet materialised. There’s no evidence of deliberate dishonesty. It will fall under civil dispute, not criminal. You would be wasting your time and policing resources going to the police.

Try small claims court, maybe?

It’s caveat emptor when you buy in this way

No it is not. The protections in the Consumer RIghts Act still apply.

As others have said, this is a civil matter. The police will not be interested.

think it costs £40

The costs of filing a claim depend on the amount of money claimed. If you file online and are claiming less than £300 it costs £25. You can reclaim the court fees from the other side if you win.

Why did they take the item back and leave it there without getting a refund? That was a bit stupid!