when the seller is scammed by his buyer
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LPeople who sell goods on Leboncoin have no interest in doing without the service of Secure payment offered by this classifieds site, as the following case shows. On March 21, 2021, Kevin Parent, a young website creator, put his MacBook Pro computer up for sale on Leboncoin, at a price of 2,200 euros, in order to buy a more powerful device.
On Saturday April 3, 2021, he was contacted by Abdessamad X. He agreed to exchange with him by SMS – and not on the site’s secure messaging service. Mr. X asks him a few technical questions, then, saying he is in a hurry, asks for an appointment for the next day, for a personal delivery. Mr. Parent told him that he wanted to be paid in cash or by cashier’s check.
Mr. X objects to him that “at the weekend, it’s complicated to get a bank check or to release so much cash”. He offers to make a transfer and, to reassure him, sends him a copy of his identity card. Mr. Parent accepts his proposal, instead of demanding secure payment on the site.
Fees paid by buyer
When a transaction is made on Leboncoin, the buyer agrees to pay for the goods, plus 4% service charges (here 88 euros), plus, possibly, delivery charges. But the site releases the money only after receipt of the goods and green light from the buyer. In this way, if the latter receives a package that does not contain what he expected, he does not risk being cheated. As for the one who sells, he is sure to be paid.
On Sunday April 4, 2021, this is not what is happening: Mr. X assures Mr. Parent that he has made a bank transfer of 2,200 euros to him. He sends her the screenshot of an SMS from his bank, LCL, which confirms the operation. Mr. Parent therefore agrees to give him his computer. But he will never perceive the price: LCL, whom he questions, replies that he does not have Mr. X as a client.
After an unsuccessful formal notice, Mr. Parent filed a complaint against Mr. X at the Valenciennes (North) police station. He communicates the copy of his identity document. Although the person concerned is “unfavourably” known to the police (he has already been convicted for similar acts), nothing happens.
“A year late…”
Mr. Parent then created a website in the name of its buyer, whose nicknames it discloses. He invites other possible victims to lodge a complaint with the financial center of the police station of Saint-Amand-les-Eaux (North), supposed to centralize the case. He explains that “their regrouping will make it possible to advance the investigation”. Thirty people answered the call.
On October 7, 2021, Mr. X, warned of“repeat scam”, is arrested and placed under judicial control. During his trial, which takes place April 14, 2022in the judicial court of Valenciennes, he explains that all the money “went into sports betting”. The court finds him guilty of“repeat breach of trust”, and condemns him to a one-year prison sentence, suspended for two years – during which he must not, in particular, participate in gambling. He condemns him to pay some 37,000 euros to the twenty sellers who, like Mr. Parent, have filed civil suits.
For his part, Kevin Parent is awarded the sum of 3,100 euros (2,200 euros for material damage, plus 300 euros for non-pecuniary damage, plus 600 euros for reimbursement of legal fees).
But he suspects that the judgment cannot be executed, since the condemned is insolvent. He therefore contacted the Crime Victim Recovery Assistance Service (Sarvi), which in this case may pay compensation of up to 3,000 euros. The deadline for reviewing the money is in principle two months. But the Sarvi told him that he had “one year behind in the processing of files”… During his next sale on Leboncoin, Mr. Parent will have an interest in using the secure payment system.
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