Help! Seller threatening to come to my house over Paypal dispute!

hermum

macfly wrote: »

You bought them and then got your money back. Did it not once occur to you that destroying an item might lead to this? Whatever Ebay or Paypal request, it's not the right thing to do. You have received fake goods. You contact paypal, then destroy them. You then get threatend by the vendor. Your response is to go on a forum and ask advice.
The people with the correct answers are easily available. Trading Standards for the first prolem, the police for the second. You pay a good lump to have them available, use them.
Putting them in a charity bag could get someone else in the mire. I know people who ebay in a small way who trawl such shops for things to sell.
Should this woman go the legal route - she would have a good case. And now, because of this "advice" from paypal, she is free to go on doing it.
I'm not condoning her behaviour, just crtiicising yours.

The seller should abide by ebay & Paypal rules, she broke them. If the belt had been returned she would probably have sold it again.
OP, was it a business or personal seller?
I should have thought that once the daft bint runs out of steam she'll realise that she's been a plonker & a lost belt & listing fees is hardly the end of the world. I don't suppose for one minute she'll turn up at your house.

PinheadSK

There's absolutely nothing here for the seller to get nasty about.

Both eBay and Paypal's rules are that if you are sold a fake item, and can prove it as such, then you get your money back and must destroy the item. We sign up to these voluntarily and therefore have no arguement.

Also, neither of them allow the sale of counterfeit goods. Again, we sign up to these voluntarily and therefore have no arguement.

In this case, both the seller and the buyer should have known this but it seems only the buyer did. Being ignorant (the seller) of the terms of usage is no defence.

It really is that simple...

Sean

surfbabe10

hermum wrote: »

The seller should abide by ebay & Paypal rules, she broke them. If the belt had been returned she would probably have sold it again.
OP, was it a business or personal seller?
I should have thought that once the daft bint runs out of steam she'll realise that she's been a plonker & a lost belt & listing fees is hardly the end of the world. I don't suppose for one minute she'll turn up at your house.

She was a personal seller I think, one minute she says the belt was a present from someone, the next email she sends she says she bought it herself from the shops with her own money. Have not heard from her now for 24 hours thankgod, this was the last message she sent me!

" Its the principal that counts, if someone destroyed something something of your withoput your consent would you accept it???

I do have a problem with it actually, Because you never emailed me saying that paypal asked you to destroy it or asked my permission.

Well Im up that way in a few weeks so maybe we can organise something maybecome because it is me that has lost out here whileyou got a full refund...I have nothing.

Can I ask? what give you the right to destoy someone elses property???

Well i have your address so like I say maybe we can sort or organise something???"

Hopefully wont hear from her again

west_ham_till_i_die

Can you not block her emails, I too brought some fake goods on ebay GHD for around £80 ebay told me to destroy them, informed the seller she asked me to send them back I refused and went ahead and destroyed them.
I guess I was lucky in that I heard no more from the seller keep a baseball bat by the door just in case all through my guess is nothing will happen.

kiddy_guy

Some people on here with no clear understanding of Ebay/Paypal.

The Buyer followed the advice given, and followed the claims process correctly.
Buyers are not obligated to provide third-party confirmation that an item is counterfeit to open a claim. However, in some cases, a buyer may have written confirmation that the item is counterfeit from a reliable third party (such as the manufacturer or law enforcement). In those cases, buyers agree to cooperate with eBay to ensure the proper disposal of the counterfeit item. For example, buyers may be asked to certify that the item has been destroyed or send the item to the rights owner or other appropriate third party for disposal. Any costs associated with this destruction or disposal may be paid by eBay, in our sole discretion.

People may clearly not like the policy on Ebay, but if there is any issue, it's with the policy not the Buyer.

vickypark3

surfbabe10 wrote: »

If you read both Paypal and Ebays rules if you have a counterfeit item they both request that you destroy it so it can not be sold on. I dont see how me putting it in a charity bag (above poster) smells a bit funny

Not certain destroying is ebays policy...maybe its been changed

Where the seller is not able to satisfy the buyer’s concerns that the item is not authentic, buyers may be required to send the item back to the seller (where eBay elects to exercise its discretion). Costs of return shipping may be paid by the buyer or eBay, in our sole discretion, unless otherwise agreed upon by the buyer and seller.

http://pages.ebay.co.uk/help/policies/buyer-protection.html#13

cyberbob

vickypark3 wrote: »

Not certain destroying is ebays policy...maybe its been changed

Where the seller is not able to satisfy the buyer’s concerns that the item is not authentic, buyers may be required to send the item back to the seller (where eBay elects to exercise its discretion). Costs of return shipping may be paid by the buyer or eBay, in our sole discretion, unless otherwise agreed upon by the buyer and seller.

http://pages.ebay.co.uk/help/policies/buyer-protection.html#13

Read the paragraph after that

ebay wrote:

Buyers are not obligated to provide third-party confirmation that an item is counterfeit to open a claim. However, in some cases, a buyer may have written confirmation that the item is counterfeit from a reliable third party (such as the manufacturer or law enforcement). In those cases, buyers agree to cooperate with eBay to ensure the proper disposal of the counterfeit item. For example, buyers may be asked to certify that the item has been destroyed or send the item to the rights owner or other appropriate third party for disposal. Any costs associated with this destruction or disposal may be paid by eBay, in our sole discretion.

Sssssss

get her details off ebay, if she asks why, tell her :

1. her details are being given to police for her threats
2. her details are being given to trading standards for fake goods

now if she still has further issues to take them up directly with the two above.

macfly

Are you not allowed to disagree with the tired old regulars on this forum? Apparently not, without personal insults flying about.
The Guru bob has a funny idea about proof. You have a letter from a shop, but not the original item. The "evidence" is worthless without the item. She could have taken anything in to that shop.
I'm not saying this is what happened. It just could have. Now it's knocking about in some charity shop, waiting for someone else to be conned. Nice one.
Some of you seem to think ebay is the last word on everything. I certainly would not be taking legal advice from them. Their own lawyers failed to spot the flaw in their takeover of skype, a move which looks like ruining the company.
Taking this item to a charity shop though, is clearly breaking the law. You have knowingly put a fake belt back in to circulation.
I'm sorry I can't be all comforting and nicey nicey. The real world just aint that way.

PinheadSK

It's not a case of whether or not we agree though... the T&C's are fairly clear about the fate of the item. Also, they haven't asked for legal advice, just advice on what they should do about the seller stating they would come to their house. Ebay don't accept scribbles on a post-it - the letter would have had to have been from an 'authority' connected to the geniune item or the police or trading standards. to get any of these, you'd have to produce the item in the first place.

As for putting a counterfeit item back into circulation, you can't have it both ways... it would have been back in circulation had it of been returned to the seller! It *should* have been destroyed. It should not be returned to the seller.

Sean