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Abuse of Adverts.ie Forum

  • 09-08-2006 1:28pm
    #1
    adrian522
    Moderators, Computer Games Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 16,194 Mod ✭✭✭✭


    Hi,
    Can someone let me know what the sitution is with the following:

    On adverts.ie if you transfer cash directly to someones account and the prduct does not turn up and there is reason to believe that the seller never had the goods in the first place (and ripped off many people in the same scam), what would be your best course of action. For example would this be a matter for the Gardai, or consumer affairs or a small claims court or the Computer crime unit or possibly fraud investigation?

    Assuming you have information such as Bank details.


Comments

  • #2
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Is this a request for legal advice?


  • #3
    Bard
    Registered Users, Registered Users 2 Posts: 12,309 ✭✭✭✭Bard


    Bond-007 wrote:
    Is this a request for legal advice?
    Bond-007: He posted it on the Legal Discussion forum. What do you think?

    Frankly, Adrian, I doubt there would be very much the Gardaí, the courts or any other such establishment could do for you in this case as no crime has, in fact, been committed unless you've actually entered into a legally binding sales agreement with the seller (which, on adverts.ie I seriously doubt you do).

    Have you had a bad experience on adverts.ie?


  • #4
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Bard wrote:
    Bond-007: He posted it on the Legal Discussion forum. What do you think?

    Naughty Naughty OP.


  • #5
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Bard wrote:
    Bond-007: He posted it on the Legal Discussion forum. What do you think?

    Frankly, Adrian, I doubt there would be very much the Gardaí, the courts or any other such establishment could do for you in this case as no crime has, in fact, been committed unless you've actually entered into a legally binding sales agreement with the seller (which, on adverts.ie I seriously doubt you do).

    Have you had a bad experience on adverts.ie?
    Legal Discussion is for the discussion of legal issues and not for the giving of legal advice so as not to risk boards.ie open to action for negligent misstatement.

    Not in answer to the question, but in a hypothetical situation where one as paid money and the goods not arrived the course of action would be to sue for breach of contract. Contracts can be formed on adverts.ie by simple offer, acceptance, and transmissal of something of value by person seeking to enforce (consideration).

    If there is any suspicion that the person never intended to supply the goods at all but rather sought to deprive the person of their money by deception then the offence of fraud has been committed and phoning up the gardai (particularly the fraud squad) might be useful.


  • #6
    adrian522
    Moderators, Computer Games Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 16,194 Mod ✭✭✭✭adrian522


    Ok thank you all


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  • #7
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Bard wrote:
    Bond-007: He posted it on the Legal Discussion forum. What do you think?

    Frankly, Adrian, I doubt there would be very much the Gardaí, the courts or any other such establishment could do for you in this case as no crime has, in fact, been committed unless you've actually entered into a legally binding sales agreement with the seller (which, on adverts.ie I seriously doubt you do).

    Have you had a bad experience on adverts.ie?
    Bard, read the charter and stickies of this forum before you post here again please.

    Edit: Clarification.


  • #8
    adrian522
    Moderators, Computer Games Moderators, Recreation & Hobbies Moderators, Sports Moderators Posts: 16,194 Mod ✭✭✭✭adrian522


    I did, I thought that this was in keeping with the rules. I apologise if I have broken one of your rules.
    I won't post here again, sorry.


  • #9
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Sorry adrian, I was referring to Bard, not you! :)


  • #10
    Bard
    Registered Users, Registered Users 2 Posts: 12,309 ✭✭✭✭Bard


    hullaballoo wrote:
    Bard, read the charter and stickies of this forum before you post here again please.

    Edit: Clarification.

    I have read them, and while I assumed that the original poster was looking for legal advice (seemed like a safe enough assumption under the circumstances), I did not, in fact, request or offer any legal advice myself.


  • #11
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Bard wrote:
    I have read them, and while I assumed that the original poster was looking for legal advice (seemed like a safe enough assumption under the circumstances), I did not, in fact, request or offer any legal advice myself.
    I know you didn't, but it's against the charter rules to post in here without having read the charter. What you said intimated to me that you hadn't read the charter, so I thought I'd let you know that you should.

    There's no issue here, that I can see.


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  • #12
    ozt9vdujny3srf
    Closed Accounts Posts: 3,152 ✭✭✭ozt9vdujny3srf


    hullaballoo wrote:
    I know you didn't, but it's against the charter rules to post in here without having read the charter.

    Now there's a Catch 22.


  • #13
    Thirdfox
    Registered Users, Registered Users 2 Posts: 7,110 ✭✭✭Thirdfox


    Elliot Mammoth Sludge wrote:
    Now there's a Catch 22.

    Why? You don't need to post to read a thread...

    Having said that it is quite obvious that Adrian522 is seeking something, if not classified as legal advice, then on the very edge of being so. One needs only to look at the feedback and AH forum to see that this is an actual case and not hypothetical.

    It seems that this "hypothetical" case situations are appearing more and more on this forum... something should be done, instead of just pretending that legal advice is not being asked.

    Then again I could be totally wrong and these are all genuine hypothetical cases... :eek:


  • #14
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    Hear no evil, see no evil, speak no evil.


  • #15
    grumpytrousers
    Registered Users, Registered Users 2 Posts: 1,884 ✭✭✭grumpytrousers


    Thirdfox wrote:
    Why? You don't need to post to read a thread...

    Having said that it is quite obvious that Adrian522 is seeking something, if not classified as legal advice, then on the very edge of being so. One needs only to look at the feedback and AH forum to see that this is an actual case and not hypothetical.

    It seems that this "hypothetical" case situations are appearing more and more on this forum... something should be done, instead of just pretending that legal advice is not being asked.

    Then again I could be totally wrong and these are all genuine hypothetical cases... :eek:
    doesn't matter a continental frig if every last 'real life' story is answered here as long as it's preceded by the spin that it's hypothetical; that way boards is in the clear so that if some doofus (god help us all) decided to sue boards for the 'advice' they got here (and christ alone knows, I really want to meet the solicitor who takes that on, thinking their client would be taken seriously in court...) then the collective boards arse is covered...

    A farcical situation, you may say? Undoubtedly so; but if it allows half a loaf, rather than no bread, then what's the harm...

    by the way, is it JUST in the legal discussion forum that it's against the rules to post without reading the charter...'cos at this rate, there's gazillions of fora that i've posted in without reading the charter. apart from this one. Obviously. No really. Honest...


  • #16
    sh_o
    Closed Accounts Posts: 198 ✭✭sh_o


    grumpytrousers wrote:
    doesn't matter a continental frig if every last 'real life' story is answered here as long as it's preceded by the spin that it's hypothetical; that way boards is in the clear so that if some doofus (god help us all) decided to sue boards for the 'advice' they got here (and christ alone knows, I really want to meet the solicitor who takes that on, thinking their client would be taken seriously in court...) then the collective boards arse is covered...

    Maybe we should open a discussion on the legal merits of such a decision/ assumption - if you are aware that a 'hypothetical' is not necessarily a hypothetical, can you claim that it is not advice?


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