Okay so, say if someone had home and contents insurance and their house got robbed so they were issued with various e-vouchers for different stores e.g. $3000 for JB Hi-Fi, $1000 for Burnings.
Now say they needed some cash, if they were to purchase items from a retailer with the e-voucher and then sell it for a lower price for cash, would this count as fraud or a type of insurance fraud?
Not fraud at all. Why not just sell the e-vouchers at a small discount?
If these e-vouchers don't bear the name of the person receiving them I suppose they are transferable. Which means the bearer can sell/gift them to someone else to use.
As first guy said, if you didn't "fake" the burglary, you're not committing fraud. There's no difference to this scenario than selling said item years later.
no fraud. the owner of an item can do what they want with it. even destroy it.
Well here is section 408C of the Queensland Criminal Code about what it means to commit fraud…
http://www.austlii.edu.au/au/legis/qld/consol_act/cc189994/s…
So basically it's about dishonesty. In this situation I can't see that the person did anything dishonest.
Yes if said someone has the 'stolen' items stashed in their garage.
Has the robbery occurred yet?
Scheduled for next week.
Not fraud. You can do anything with an insurance payout…i.e., you don't have to replace the stolen items, you don't have to fix the damaged house…
Is this still a hypothetical?
It may have already happened and I may have been an interested/sceptical buyer ;)
Make sure you get the original copy of the receipt and it matches the thing you are buying - just to be sure you can't be done for receive stolen goods (e.g. if they faked the robery and now they are selling you the "stolen" goods and keeping the new stuff for themselves). You'll want it for warranty anyway.
Thanks for the advice, and yeah I'm making sure the person buys it in front of me and gives me the receipt.
Would it be within legal bounds to
make the seller sign a 'waiver' acknowledging my payment for the product as a sort of second receipt?
@bonkers22: A waiver wouldn't help if the goods were stolen, but since you know they aren't because you will be there when they're bought I can't see any legal repercussions from your point of view.
I see you are a Queenslander so you are entitled to covertly record any conversation you are a party to. Install a recording app on your phone (I use "Smart Voice Recorder" on Android) and ask the other party to run you through the details of the deal again. Keep the recording and the original receipt safe place and everything will be fine.
I don't see why. They may have decided it was a good opportunity to downsize. People don't plan to get robbed and cash in on the insurance.