goWholesale

1 1/2 months passed, I got no response/reply/phone call/email/whatsover/NOT EVEN REFUND from COLBY G. I wired this B1TCH. So I have no way to get my money back unless he REALLY does the refund or I FILE small money claim against HIM, which I WILL for sure. This kid replied me ONCE on email saying the deal is going thru, should got the units whatever that friday, if not, I would process the refund if you want. This kid is basically just lying and make you wait for !@#$ AND NOTHING. Communication is horrible, before you pay him, he answered you everything single questions, forwarded you his company information (which hopefully, is useful for me when I file the claim against him). Saying how legit he is, b lah blah blah... basically all are !@#$. I have no idea how da hell you run your business and why da hell you claim you have so many customers buy from you with this kind of customer service. I think they are either don't care or you are just telling !@#$.

Colby, if you happan to read this, like I wrote in my last email, I already gave you a week to response me and refund me, but since last week passed, and you gave me no !@#$ reply. I am going to file the claim against you, be prepare to receive the legal letter and the respond. Good luck.
And whoever want to deal with this kid, think carefully and make sure that you can handle what I am going thru and NEVER, NEVER wired this kid money but CC only. That's it for me, I am sick and tired to handle this kid. I leave that to the appropriate leagl authority.

Peace.

I just posted some related legal info http://community.wholesale411.com/viewtopic.php?t=23281

I assume he is in the states...and the money wasn't wired to a foreign bank. I don't know how much you wired, but you can sue for alot more. Claiming fraud gets you 3x your loses...read the above post to see what damages are possible...it's NOT just the money he stole.

Also, wire fraud is a federal felony. The FBI financial Crimes Division and the Secret Service investigate willingly. Contact the local FBI or..at the VERY least file a police report with the locals. . Alert your bank so they can make a report. Also call HIS bank and tell them what happened. The State's Attorney Generals office will also investigate at your request. You can find info on one of the boards here (I forget which one) regaarding the recent prosecution of such a scammer by NY State...it was an ebayer and the amount in question was $20,000- some odd dollars. You don't need a huge loss to get the law to go after em'!

I assume he is in the states...and the money wasn't wired to a foreign bank. I don't know how much you wired, but you can sue for alot more. Claiming fraud gets you 3x your loses...read the above post to see what damages are possible...it's NOT just the money he stole.

It is possible that his intent was not to steal from you. The same thing probably happened to him that happened to you. He bought from somebody who didnt deliver.

It IS quite possible his intent was not to steal or commit fraud. He may have gotten scammed himself and lost it all. That does not mean he wasn't negligent in his promise to deliver buy doing due diligence in verifying his supplier. Negligent misrepresentation includes making promises without dislosing known risks (know only to the seller and not publically), inducing the buyer to reasonably rely upon them. Fraud has a higher standard as there must have been intent from the beginning to get his money and use it for another purpose, or just plain steal it.Punative damages can be awarded for either as they are torts. Simple breach of contract (not a tort)awards actual damages and reasonably forseeable damages. Often, fraud and misrepresentation can only be proven in court once documents are obtained from the defendant in discovery (if he spent the money, sent it to his grandma etc. from bank records, wire transfers, copies of communications between the defendant and the alleged supplier, etc.)

When suing for breach of contratc always find a tort you can add as more damages can be warded.