Hi,

I need help as I bought a jetski off someone over the internet, sent the payment via a bank transfer and now he no longer answers any of my phone calls (i.e. I presume he sold the jetski twice).

I live in Europe and found a jetski for sale in the US. It was a 2003 Yamaha GP1300R selling for $4,600

Originally I found his advert and got in touch with him. I sent him $250 via paypal to hold the jetski for me as I was having bank issues sending the outstanding amount. It took around three weeks for me to be able to sort the problems out. Once sorted I called him to get his banking details and mentioned to him I would be sending the outstanding amount. I did all the checks I could and his mobile phone was registered to his home address and the back account was registered to him.

I sent the money and then requested a copy of the bill of sale and the front and back of the title to sent to the shipping company and a couple of pictures of the jetski, as I only had the ones from his advert. He said he was away on holiday in Orlando and would get it done.

He then did not answer any of my phone calls for 3 weeks. I contacted a friend in the US and asked him to call him. He did so and he picked up and claimed that my phone calls just rang and hung up, even though I had called him at 4am a few days before and a woman had answered his phone.

My friend in the US turned up at his home a few weeks ago, just before the container was going to depart the US and he asked him for the jetski. The guy was shocked to see him and said it was in his store. I called the same day and he picked up, having not answered the phone in a month. I mentioned to him that the container was leaving and the jetski was no good to me if it wasn't on the container, so he would have to return me the money. He said he would take it to the shipping company the following day as he had arrived back that day.

It never arrived at the shipping company and the container has left. I tried calling him but again he would not answer so I left him a message telling him that he had 24 hours to return the money or I would go to the police and take out an action for internet fraud.

He has not replied in over a week. My friend in the US requires a power of attorney to go to the police on my behalf but is not willing to give out his passport details so I can't get the power of attorney apostilled here in order to make it valid in the US.

I had to send the container 1/3 empty as a result of the deal falling through, and as a result lost $1,600. I also had the jetski sold already in Europe for a $2,000 profit. As a result of the deal falling through I had to return the money to the client I had for the jetski and had to send the container 1/3 empty, resulting in a further loss to me.

The overall losses including the money owed to me totals at $8,200

What can I do?

I have considered looking for a debt collection agency or something similar or just trying to get in touch with the police myself.. anyone know what I can do?

Thanks to all for your help.. anything will be most appreciated!

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Originally Posted by Boss123

What can I do? I have considered looking for a debt collection agency or something similar or just trying to get in touch with the police myself .. anyone know what I can do?

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Hello Boss:

You can certainly call the police... But, I don't think this is a criminal offense. I wouldn't hire a collection agency. I'd hire a lawyer.

excon

You can definitely try suing. But you will be doing so internationally, and that can't be cheap. You may be better off financially just chalking this up to experience. If you do want to fight this in court, you will probably need a lawyer. And I am not sure that you can get the lost profit from the sale, because I am not sure that you had a legal right to sell the jetski. Did you ever get the title (not a copy... the actual title). If you didn't, then you shouldn't have been selling the jetski to anyone.

And quite honestly, I think that you are very lucky that the person you sold it to isn't contemplating suing you for fraud, as well. You sold someone an object that you had never seen physically, didn't actually have, and that you didn't have a title to? What would you have done if you got the jetski and realized that your definition of "good condition" and "runs great" was different than the original owner's?

Everything was explained to the purchaser before he handed over the money. He is a good friend of mine and I only began looking for a jetski in the US after he asked me to and handed me the money, he offered to give me $2000 profit, that was not my doing. That is the reason I did this whole thing and 'sold' it before having it.