Legal Question in Consumer Law in California

I purchased cameras online with a UK online store called Electronic Megastore Limited. Long story short I was suggested to send by wire transfer coz they could not charge my card and I have talked to them thru their online chat to make sure they have stock before I sent out the money. After 2 weeks past by as I was told by my bank that wire might takes up to two weeks, I tried to contact the website and nobody ever answer or on the online chat again. I have lost over $10,000USD with this company. Afterward I tried to search online some people said that they are scam so I decided to reach the police. SInce I was in HOng Kong when I did the purchase, I went for the HK police and opened a case with them, however the wire was sent from my US bank account to HSBC UK. I tried to ask my bank to do the recall but the other side declined. And I have no way to get my money back.

What should I go for now? How can I get my money back? If anyone here could help I would be much much much appreciated.


Asked on 3/29/10, 12:26 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

As Craig of craigslist.org says, Avoid scams,deal locally. The idea that they wanted a wire transfer instead of a credit card should have been a red flag. With a credit card you could have filed a dispute with the card issuer.

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Answered on 4/03/10, 12:52 pm
Bryan Becker Becker Attorneys

You should contact the UK police (if the site is even located there). I am sorry to say but you may be out of the money on this one. Looks like your not alone in this scam.

http://www.shobby.co.uk/shop,3253.html

I would call your bank back and ask to speak to the fraud department. They may some options for you.

Additionally, if you are filing you taxes in the U.S., you may be entitled to a tax break on the loss. Generally you may deduct casualty and theft losses. Review the following:

Publication 547: http://www.irs.gov/taxtopics/tc507.html

Theft

A theft is the taking and removing of money or property with the intent to deprive the owner of it. The taking of property must be illegal under the law of the state where it occurred and it must have been done with criminal intent. You do not need to show a conviction for theft.

The taking of money or property through fraud or misrepresentation is theft if it is illegal under state or local law.

Regards,

Bryan

Becker Attorneys

Bryan Becker

877.201.8728

www.bbeckerlaw.com

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Answered on 4/09/10, 11:25 am


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