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Advice on fake item (another question added!)

Ossireo
Ossireo Posts: 573 Forumite
I rather naively purchased a Sony Memory card off Ebay completely unaware that it was something that there were a lot of fakes of :o Not sure why but I always had in my mind the fakes were the designer stuff etc

The seller was an individual, with a few other general sales. The card was advertised as new and would be mailed without packaging to save costs as Free Postage was offered (which seemed to make sense to me at the time)

When I received the card my camera reported a formatting error, tried it on my PC reader and it wouldn't even recognise the card. Looked for advice online in how to solve the problem etc and it came back with an Ebay US help page of how to spot a fake card .. which mine appears to be.

When I contacted the buyer he stated that he had no idea it was fake, he had bought it off ebay for his PSP but never used it as his PSP had broken (not mentioned in his listing) and he was just trying to get back some of what he had paid. He says that no way will he discuss a refund. He replied with a few 'hints' like have you tried putting it in your PC, tried reformatting etc even though I clearly stated I had tried those options already :( Feeling pretty much that he knew it wasn't working in first place and got lucky with dumb old mug me in passing it on!

I've opened a dispute with Paypal, was that the right thing to do? I've noticed there is a dispute thing with Ebay, is this different to the PayPal one? I've never actually had to deal with anything like this as as seller or buyer as have always been happy with items and everyone has been happy with mine.
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Comments

  • adam2484
    adam2484 Posts: 436 Forumite
    Part of the Furniture Combo Breaker
    seems right - and i think you should be okay in getting a refund. i would open an ebay one too.

    i wouldn't say it's a fake - just that it doesn't work.
  • pinkshoes
    pinkshoes Posts: 20,609 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Open an ebay dispute for item not as described, then you'll have to send it back (recorded delivery) to get you refund.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Ossireo
    Ossireo Posts: 573 Forumite
    When I click on the Ebay dispute link it transfers me to the PayPal one that I have already done so I think it must be just the one dispute now.

    Really dents your confidence though, ironically wanted the card so I can use my new camera to take pictures .... to list on Ebay! lol
  • Dime_Bar
    Dime_Bar Posts: 584 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    If you pay by Paypal you have to use the Paypal despute system.
    The only way of finding the limits of the possible is by going beyond them into the impossible.
    Arthur C. Clarke
  • venus1978
    venus1978 Posts: 235 Forumite
    edited 23 April 2009 at 5:59PM
    Couldnt comment on if it was fake or not but i've been through a few of these cards now and this is how they go when they are broken, you wont be able to get anything to recognise it or if it does it will not format, error scan etc...

    people say the fakes break down quicker, i've had both over the years and found them much the same

    Though if he sold you a faulty item, i wouldnt have thought he could possibly refuse you a refund
  • dhbedson
    dhbedson Posts: 41 Forumite
    Part of the Furniture Combo Breaker
    Surely, in order to protect his own reputation it might be better for him to refund and then (since he did buy it on ebay himself) launch a claim with the person he bought it from?
  • Ossireo
    Ossireo Posts: 573 Forumite
    Set up everything via dispute on Paypal. He has now sent an email to me via Ebay mentioning he may want to do a partial refund but doesn;t know how too and it will take longer then Paypal are giving him.

    I've sent a message asking him what figure he seems to deem as partial as he mentioned nothing and also saying I feel it should be a full refund as the item is faulty adn was not new as he advertised.

    He has now replied to me asking what condition the item is in now :confused: I mean really ... I am starting to feel he is taking the p*** now, it is still not working and is exactly as it was when it arrived what more can one do with a none working Memory Stick :mad:

    Can I leave all this to Paypal to resolve? Never had to do anything like this in over 700 transactions and this has totally blown my confidence :o
  • blue_haddock
    blue_haddock Posts: 12,110 Forumite
    Right i've been through the very same thing recently.

    If you jump onto the sony website they will give you an address to send it to to confirm its fake, they then send the item back along with an official letter stating its not genuine Sony. Fax this letter to paypal and away you go.

    Sony we're great and posted the item back to me within 48 hours. With the confirmation paypal will refund you and you will not need to return the item.

    Having done a bit of research (after getting stung) it seems like the vast majority of memory cards on Ebay are fake - in the end i got a gen one from Play.com for not much more than the fake one cost.
  • Ossireo
    Ossireo Posts: 573 Forumite
    Paypal refunded me the full price quicker then I expected, assuming it may have been due to fact seller didn't respond to them?

    My question however is related in what to do with the card? I've had the seller email me saying "you've got what you wanted now give me back my card" etc. Paypal have not advised me at all what to do with the card, they just refunded me and closed the case.

    Should I send the card back to him? Should I see what further advice Paypal can give? How can I protect myself when returning the card as he will likely just sell it again etc
  • basmic
    basmic Posts: 1,043 Forumite
    I'd chuck the card, and inform the seller of this action. After this, ignore their emails.

    Unless Paypal have made it mandatory for you, so that in order for you to get your refund you must send the card back, of course.
    Everybody is equal; However some are more equal than others.
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