Many like myself will be buying bike accessories online, here is some info you might need if your purchase goes wrong
also keep all e-mail communication you have made with them so that if you give them bad press they cant sue as you have the evidence of transaction, communications and responses from them
(then crucify them)
I bought an item on a website which delivery said was between 4 - 7 days, 13 weeks later after various threats, court action (small claims etc) I got the goods,
Fraud and Deception
THE FRAUD ACT 2003
The reform of the criminal law in respect of fraud and deception came into force on 15 January 2007. The Act creates a new general offence of fraud which can be committed in three ways (see below). It creates new offences of obtaining services dishonestly and of possessing, making and supplying articles for use in frauds; and fraudulent trading applicable to non-corporate traders.
The Act sets out the maximum sentence as 10 years custody for the offences. In the Magistrates it is a maximum of six months.
The new offences:
Fraud by false representation - this occurs when a representation is made dishonestly with the intention of making a gain or causing loss or risk of loss to another. It should be noted that the gain or loss does not actually have to take place!
The current definition of ‘dishonesty’ is known as the ‘Gosh’ test. The court must consider the two-stage test where the first question is whether a defendant's behaviour would be regarded as dishonest by the ordinary standards of reasonable and honest person. If the answer is yes, the second question is whether the defendant was aware that his or her conduct was dishonest and would be regarded as dishonest by reasonable and honest people.
A representation is defined as false if it is untrue or misleading and the person making it knows that it is, or might be, untrue or misleading.
Fraud by failing to disclose information - makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts.
Fraud by abuse of position - makes it an offence to commit a fraud by dishonestly abusing one's position. It applies to situations when the defendant is in a privileged position, and because of this position he or she is expected to safeguard another's financial interests or not act against those interests. The term "abuse" is not limited by a definition, because it is also intended to cover a wide range of conduct including omission as well as by positive action.
This new area of law is complex by the vary nature of the ‘new’ definitions of the offences. It will no doubt lead to many challenges in court.
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Bocca della Verita - the Mouth of Truth
