A member asked almost 9 years ago

Theft through eBay

My partner deposited money into the bank account of a gentleman he founded on ebay, the agreements were all made through text messages, this was all organised back in early December.

We have not heard from the gentleman for weeks, he ignores  our phone calls and text messages. We have received nothing.

I have contacted ebay, and as it was not processed through them they can not help. We have also gone to police only to be told that it's a civil matter and they can not help us.

We have no idea where to go from here as we are in Tasmania and he is in Queensland.



Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It sounds like you have been having a hard time. Unfortunately online scams happen far too often, and are difficult to remedy. If you have sent money already to a scammer’s bank account, you may not ever get the money back. However, there are some things you can do which may give you the best chance.


First you must contact your bank and tell them what has happened. You said you sent the money a a little while ago. If this is the case the bank may not be able to do anything. However, if you had contacted a bank as soon as you had suspicious they may have been able to stop a money transfer. Alternatively, sometimes your credit card provider may be able to perform a 'charge back’ which is a reversal of the transaction, if your credit card was billed fraudulently. This is something to keep in mind if you are ever scammed in future.


Whether or not this is successful, you must also report the scam to authorities. You have already gone to the police, however you can also report the scam to the Australian Government’s Scamwatch initiative. Scamwatch is run by the Australian Competition and Consumer Commission. It provides information to consumers and small businesses about how to recognise, avoid and report scams. We recommend that you report the scam by visiting their website. This way you may be able to prevent others from being scammed in future.


Alternatively you may consider a civil action against the person who stolen your money. Because court can be expensive, you will need to weigh up the cost against the money you have lost. Going to court will involve initiating an action in the Magistrates Court. To do that you will be required to provide the address and name of the person who stole your money. You may have difficulty finding this, but it is necessary that you do so that the action can be served on the person (that is, making the person aware of it). You may also find a civil action in Victoria is difficult because you said the person is in QLD. This does not make an action impossible, but just more complicated.


Suggested way forward

You will find it helpful to have the guidance of a lawyer during this process. By pressing the "Take Action" button through LawAdvisor we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 8 years ago   Legal disclaimer

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