11 minutes ago, pooley said:Hopefully, I can clarify a few points raised regarding the legalities here and which is the best route for the aggrieved parties to take.
I am a UK police officer, and work as a custody sergeant which means I often have to make decisions on whether a person is sent to court for criminal offences or not.
I have no affiliation to Wetpixel other than being a forum member, I have never met or spoken to Adam other than messages on these boards, I have not booked any of the affected trips and I have not seen the updates from Alex.
People are getting confused over whether to take civil action, or to try the criminal route. the simple answer is with the limited information provided so far in these threads it could yet be either. Although there are lots of grey areas and interpretations, let me provide a couple of examples.
Example 1. Adam has businesses and uses the cash flow generated from the trips in his businesses. His intention was to fulfil his obligations and everyone gets to do the trips. However, due to business or heath reasons the cash gets tied up elsewhere and his businesses crash owing money - this needs to be challenged down the civil route.
Example 2. Adam wants a new Mercedes but doesn't have the money. He sells the trips with the intention to buy a car and never return the money, making up excuses as to where the money has gone. He has a new car, you have no dive trip - this is then a criminal fraud case and the police should take the lead.
Obviously there are numerous other possibilities but hopefully this helps distinguish.
Should the case be criminal then I believe Adam lives in the Lancashire constabulary area, so if this is where the correspondence is sent from then they would take the lead. Contacting Scotland Yard would achieve nothing as they are London based.
Regardless of criminal / civil then I would strongly advise going down the civil route for money recovery, as in my experience, the chances of full reimbursement following a criminal conviction are practically zero.
Go with your credit card issuer, insurer etc to get your refunds if at all possible.
I don't want to get further involved in this as I have no dog in this fight, and don't intend on advising further on specifics, but hopefully this might point people in the right direction
Mike
I agree, definitely more a case for Judge Rinder than Luther