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Item turns out to be fake

I received an item which is not genuine. I have opened a paypal dispute and escalated it to a claim. The seller has responded to me through ebay, asking me to return the item by 1st class recorded and give her the tracking number. This will enable to her to close the paypal dispute as they are holding the funds.

I asked her to respond to the paypal dispute, but her response was that she was not given the option to reply. AFAIK, when you are notified of a paypal dispute, you are given the opportunity to log in and respond to the dispute. I replied back, via ebay, again telling her this.

So far, I have not heard back from her. Should I wait until she responds via paypal, and then send the item back, or should I just go ahead and send it now. All I want to be sure of is that I get my money back.

Comments

  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    *stuck record mode on*

    Fakes don't have to be sent back.
    Fakes should not be sent back.

    Get proof it's a fake and ring PP until they admit the above.
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    How do you know the item is fake?

    Have you written proof from the genuine manufacturer that the item is conterfeit?

    If so, do not return the item to the seller - they will only try & sell it again.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • i had a fake item , got proof it was fake from the original retailer, gave it to paypal for my claim and they decided with me.

    i suggest you do the same if you can

    i did not return the item, paypal did not ask me to either...even when the seller sent me emails that they wanted it back, "to decide what they wanted to do with it themsleves"..

    i got my money back for it and was happy.. interestingly the seller had given me positive feedback before the item was delivered but i gave them a neutral!
  • dollywops
    dollywops Posts: 1,736 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As I have never had a fake item before, I have never read any postings on this subject.

    I will go to a jeweller tomorrow and get their opinion.
  • Minihauk
    Minihauk Posts: 523 Forumite
    Part of the Furniture 500 Posts
    My daughter bought a sweetie bracelet last year which turned out to be fake. She did as others have suggested and got a letter from Links of London stating it was fake. No probllems then with PP refunding her. The person she bought it from wanted it back, but was told it is illegal to send fakes through the mail system! It is still sitting in my daughter's room - next to the real one she bought from Links!!
  • Astec
    Astec Posts: 515 Forumite
    Is the proof that it's fake required?

    I bought a pair of Nike 3/4 pants of ebay 2 weeks ago. Paid £8 for them, dfescribed as 100% genuine and BNWT. Emailed on Sat to chase up, buty no reply yet.

    Recieved them yesterday and they are clearly fake. Don't have the labels that ALL my other Nike items have (shiny white one with red writing), stitching is not straight, logo is bent etc.

    Now I've only paid £8 for them, so choices are:
    a) Take a trip into town, pay £3+ petrol, £2.50 parking, go to a shop and feel like a prat, go through claims process.

    b) Demand a refund, pay £2.50+ for recorded post. Still a load of rigmoral.

    c) Do an item not received (sent standard post). Get refunded, contact seller after refund informing they are fake and I want postage to send back.

    C is naughty, but with the other options I'm massively out of pocket to the extent it's hardly worth going through with a claim. Is there another way to prove they are fake, without me losing out?

    Btw, I'm not saying I'm going to do option C. B looks favourite atm, but if the seller asks for proof then what?
  • cyberbob
    cyberbob Posts: 9,480 Forumite
    1,000 Posts Combo Breaker
    Astec wrote: »
    I
    c) Do an item not received (sent standard post). Get refunded, contact seller after refund informing they are fake and I want postage to send back.

    That puts you on the same level as the person selling Fakes as far as i'm concerned.
  • cyberbob wrote: »
    That puts you on the same level as the person selling Fakes as far as i'm concerned.

    Quite agree, basically that is fraud, you really do not want to go down that route.
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