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#31. Posted:
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Joined: Jan 25, 20159Year Member
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ask for a refund lel
joking contact every one involved and explain issue and see what can be donr and with discounts it says on website normally on home page
joking contact every one involved and explain issue and see what can be donr and with discounts it says on website normally on home page
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#32. Posted:
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Joined: Sep 25, 201410Year Member
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Joined: Sep 25, 201410Year Member
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Cokes wrote002 wroteCokes wrote002 wroteCokes wrote002 wroteItzJitter wrote002 wrote I'm a tad bit confused, how did these transactions go down? Did he pay for the food, and you paid him 50% after the fact? Or how did that work? If he called it in and paid for it then you paid him back then it is his problem. How did this transaction work?
I would pay him 50% of the cost through paypal, and he would order the food, then i would pick it up.
Then you are not responsible. He made the financial decision to buy the food, you just picked up something you thought was paid for. I would say you are clear here.
He made the criminal decision* to "steal" the food, and the OP accepted stolen goods. It doesn't matter if he didn't know it or not. He would have to return them if it was any other tangible item. Considering he can't return the pizzas, he should pay for them. It's not Dominos fault that the incident occurred, nor is it the OP. The OP was just a victim of a credit card scam. Legally, I'm sure Dominos could make you pay for it, but I doubt they'll go through the hassle of the legal system for $300.
If he is dumb enough to say he accepted stolen goods. He thought what was going on was legit. They should not be going after him, but rather the person who actually paid for the food.
He doesn't have to say whether or not he accepted stolen goods, Dominos is already aware of this because the credit card company charged back the payment (which is why they would even contact him in the first place). Because the OP picked the pizzas up, Dominos can go after him for it legally. In that case, it's OP's responsibility to go after the scammer because he accepted the stolen goods. It's not Dominos fault that he didn't know about it. He's just the one to bite the bullet. Chances are the credit card scammer won't be found so the OP will end up paying for it.
He would be saying that he did not know he was getting stolen goods beings that he thought what was going on was legit. Domino's I do not believe will get anywhere if they go after him beings that he was just picking up the pizza that was already paid for by another person. That is like going after the delivery boy because the guy he delivered to made a charge back.
As far as Domino's is concerned, they do not care if he thought it was legit or not. The pizza was not paid for, it was stolen.
Receipt of stolen property, also known as possession of stolen property or possession of stolen goods, occurs whenever you knowingly purchase, obtain, receive or possess any property that you know, or should know, is stolen, intending to keep it from the owner.
The OP knowingly possessed the stolen pizzas at the time he found out they were carded.
He's told us that a guy offered to buy Pizza for 50% off. Here would be a relevant example, which sort of resembles the case of the OP.
Also, if you buy the television from a stranger selling electronics from the back of a van, you are also guilty of the crime because a reasonable person in your situation would suspect the TV was stolen.
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Legally, Domino's could establish a case against him meaning they can put the blame on him because he's responsible.
Moral of the story: Don't fall for these credit card scams. Don't believe you're able to get away from the cost of damages by putting the blame on the real criminal.
OP: Not really sure if they'll come up to your house and demand the money or send you a letter in the mail stating they're suing you. They might just let it slide as it may not be worth the time.
I cannot walk into a store and pickup pizza that wasn't paid for. What happened here is that the food was paid for (by the other guy), and he picked up the food. This guy is using a service offered by the guy selling this 50% off food (which is dumb), and at the time he thought it was legit. At the time he found out it was credit card fraud, if he still made purchases then he would be partially liable. Anything before then, it would not be on his hands.
Just because odds are you won't find this guy does not mean you go after an innocent person, unless he knowingly used the service when he knew it was fraudulent. Right now the only thing they have is guilt by association. If they do take him to court, and he shows where he is not 100% responsible, he will be let off.
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#33. Posted:
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Joined: Jul 01, 201311Year Member
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Status: Offline
Joined: Jul 01, 201311Year Member
Posts: 3,957
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002 wroteCokes wrote002 wroteCokes wrote002 wroteCokes wrote002 wroteItzJitter wrote002 wrote I'm a tad bit confused, how did these transactions go down? Did he pay for the food, and you paid him 50% after the fact? Or how did that work? If he called it in and paid for it then you paid him back then it is his problem. How did this transaction work?
I would pay him 50% of the cost through paypal, and he would order the food, then i would pick it up.
Then you are not responsible. He made the financial decision to buy the food, you just picked up something you thought was paid for. I would say you are clear here.
He made the criminal decision* to "steal" the food, and the OP accepted stolen goods. It doesn't matter if he didn't know it or not. He would have to return them if it was any other tangible item. Considering he can't return the pizzas, he should pay for them. It's not Dominos fault that the incident occurred, nor is it the OP. The OP was just a victim of a credit card scam. Legally, I'm sure Dominos could make you pay for it, but I doubt they'll go through the hassle of the legal system for $300.
If he is dumb enough to say he accepted stolen goods. He thought what was going on was legit. They should not be going after him, but rather the person who actually paid for the food.
He doesn't have to say whether or not he accepted stolen goods, Dominos is already aware of this because the credit card company charged back the payment (which is why they would even contact him in the first place). Because the OP picked the pizzas up, Dominos can go after him for it legally. In that case, it's OP's responsibility to go after the scammer because he accepted the stolen goods. It's not Dominos fault that he didn't know about it. He's just the one to bite the bullet. Chances are the credit card scammer won't be found so the OP will end up paying for it.
He would be saying that he did not know he was getting stolen goods beings that he thought what was going on was legit. Domino's I do not believe will get anywhere if they go after him beings that he was just picking up the pizza that was already paid for by another person. That is like going after the delivery boy because the guy he delivered to made a charge back.
As far as Domino's is concerned, they do not care if he thought it was legit or not. The pizza was not paid for, it was stolen.
Receipt of stolen property, also known as possession of stolen property or possession of stolen goods, occurs whenever you knowingly purchase, obtain, receive or possess any property that you know, or should know, is stolen, intending to keep it from the owner.
The OP knowingly possessed the stolen pizzas at the time he found out they were carded.
He's told us that a guy offered to buy Pizza for 50% off. Here would be a relevant example, which sort of resembles the case of the OP.
Also, if you buy the television from a stranger selling electronics from the back of a van, you are also guilty of the crime because a reasonable person in your situation would suspect the TV was stolen.
Source for quotes: [ Register or Signin to view external links. ]
Legally, Domino's could establish a case against him meaning they can put the blame on him because he's responsible.
Moral of the story: Don't fall for these credit card scams. Don't believe you're able to get away from the cost of damages by putting the blame on the real criminal.
OP: Not really sure if they'll come up to your house and demand the money or send you a letter in the mail stating they're suing you. They might just let it slide as it may not be worth the time.
I cannot walk into a store and pickup pizza that wasn't paid for. What happened here is that the food was paid for (by the other guy), and he picked up the food. This guy is using a service offered by the guy selling this 50% off food (which is dumb), and at the time he thought it was legit. At the time he found out it was credit card fraud, if he still made purchases then he would be partially liable. Anything before then, it would not be on his hands.
Just because odds are you won't find this guy does not mean you go after an innocent person, unless he knowingly used the service when he knew it was fraudulent. Right now the only thing they have is guilt by association. If they do take him to court, and he shows where he is not 100% responsible, he will be let off.
That's the thing. He was associated with the crime of receiving the stolen pizzas. What I'm trying to say here is, he should have done diligence to check if the source he was receiving the pizza from was legitimate. Yes, the odds are the real criminal will not be caught, but in a legal standpoint (I'm no lawyer), he isn't totally innocent because he "should have known" the pizzas were purchased illegitimately (stolen). Clearly he's not a criminal, but in my opinion, Domino's has a legitimate case against him. Credit card fraud can get the carder, and the recipient of the stolen goods in trouble under certain circumstances. Because the recipient, like the OP, wasn't aware the goods were stolen upon receiving them does not mean he isn't responsible later down the line.
In many jurisdictions a belief that the property is stolen satisfies the knowledge element. It has been held that a mere suspicion does not constitute knowledge. Some statutes provide that a person has knowledge if he knows, or has reason to know, that goods are stolen. Another test is whether a reasonable person would suspect that the property was stolen. Knowledge is commonly proved by the circumstances surrounding the receipt of the property. For example, unexplained possession of goods that were recently stolen raises a presumption that the possessor received them illegally.
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Receipt of stolen property, also known as possession of stolen property or possession of stolen goods, occurs whenever you knowingly purchase, obtain, receive or possess any property that you know, or should know, is stolen, intending to keep it from the owner. For example, if you buy a television from a friend who tells you that he stole it from his employer, you are guilty of receiving stolen property. Also, if you buy the television from a stranger selling electronics from the back of a van, you are also guilty of the crime because a reasonable person in your situation would suspect the TV was stolen. Further, if you receive property as a gift or store it in your home, knowing that its stolen or under circumstances that should have alerted you to its stolen nature, youve also committed a crime.
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Here, the OP "should have known" that paying 50% for pizza is equivalent to stolen pizza. Again, I'm no lawyer, but I'm sure he could be threatened by corporate Domino's lawyers with a clear cut case if they actually wanted to pursue a $300 lawsuit.
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