She became a victim of fraud through OLH. The money was transferred to the card, the product is not available, the seller does not contact. Which law is on my side?
She became a victim of fraud through OLH. The money was transferred to the card, the product is not available, the seller does not contact. Which law is on my side?
According to the first part of Article 190 of the Criminal Code of Ukraine, fraud is taking over someone else's property or acquiring the right to property by deception or abuse of trust.
It is necessary to contact the nearest police department or call 102. Collect information that confirms the fact that fraudulent actions have been committed against you: receipt for payment, receipts from the bank for carrying out monetary transactions, links to the site, screenshots of the chat with the seller, etc.
Contact the site administrator to block the fraudster's page, and also call the bank through which payment transactions were made, inform them that the transfer was made to the fraudster's card.
After bringing the guilty person to criminal responsibility, you can apply to the court with a demand for compensation for material and moral damage.
According to the first part of Article 1212 of the Civil Code of Ukraine, a person who acquired property or kept it at the expense of another person (victim) without a sufficient legal basis (unreasonably acquired property) is obliged to return this property to the victim. A person is obliged to return the property even when the basis on which it was acquired subsequently disappeared.
Therefore, an effective way of protection in the event that you have transferred funds to fraudsters on the Internet may be to appeal to the court with a claim for the return of unjustified funds to the owner of the bank account to which the funds were transferred.