Fake item on ebay - help!

babydaisy

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=250646972205

The item is above, the seller has admitted it is a fake but is refusing to refund my money. I opened a dispute with paypal and now they are saying I have to get proof on letterheaded paper that it is a fake within the next 10 days - however I have spoken to Links of London and their official policy is not to get involved in disputes like this.

They have advised me that they are not allowed to verify on letterheaded paper that the bracelet is a fake.

Where do I go from here? I have done everything by the book - bought through ebay, with paypal as advised and I am supposed to be covered in this event. This is hugely unfair - the seller is just going to get away with ripping me off.

This has been a complete nightmare - the woman who sold to me has been awful - illiterate, rude, aggressive. I have contacted Trading Standards and they are getting back to me as well.

Help!

BD x

Louisdf

As it was sent first class, you should have claimed INR.

babydaisy

What is INR? It was sent special delivery signed for.

hermum

She did receive it though, that would have been theft & made her as bad as the seller. Have you forwarded the messages to ebay? Unfortunately with a fake item you always have to have it verified in writing, within 10 days of opening the dispute. If the company themselves don't want to keep counterfeits of their goods off the market, you will be onto a loser with Paypal.
I don't know if Trading Standards will help you to get a refund.
Can these be bought through jewellers? If so maybe a local jeweller would write to say it's fake.
If this should happen again, you need to get documented proof before opening a dispute, if you can't get it than you can always then go as not as described.
Just re-read your original post, you could try phoning paypal & telling them that she's admitted it's fake, was that through an ebay message? It's always worth a try.

nikki2804

I heard that someone won a Paypal dispute for fraudulent goods by quoting the sale of goods act (I think its that act but don't quote me) and stated that within 6 months of purchase that it was up to the seller to prove it was not fake/faulty etc.

They won the dispute - i'll see if i can find the thread.

ETA: https://forums.moneysavingexpert.com/discussion/2005287

Post 42

pinkshoes

I'm afraid it's the paypal/ebay rules that you get 10 days to prove it's a fake, so it's usually a good idea to do this before opening the dispute!!

Look at it from Links of London's point of view; rather than buying from them, you bought something online (which at half the RRP, is unsurprising it's fake!! - sorry).

I'd either try and promise Links of London you'll buy one from them if they write the letter saying it's fake, or contact trading standards to see if they can help.

babydaisy

Thanks everyone - I am also in touch with Trading Standards so we will see. I can't afford to buy a new one from LoL as was made redundant 18 months ago when the housing market collapsed. This was a treat for my 40th birthday - and what a hassle it has turned out to be!

babydaisy

I have another string to my bow now - a good friend I was at Uni with is a journalist on a good quality paper so I have emailed him and he is interested in doing a piece on ebay's support of buyers in a case like this, also investigating whether it would be in LoL's best interest to support buyers like me to cut down on such fraudulent activity - if sellers know that they are not likely to lose their money they are much more likely to continue doing things like this.

Pembroke

Something else that might work if you feel the need to get nasty is as the seller has told you the item is a fake and as in the advert it says the items are 'marked' (I presume they mean a hallmark ?) then it stands to reason if the item is fake then so is the hallmark. You might like to point out to the seller that knowingly describing an article as Silver when she can't actually be sure that it is, is an offence under the hallmark act, 2 years in prison if convicted.

Then you make a bargain with her of full refund and you won't take it further.
Further brief info here: http://reviews.ebay.co.uk/Practical-Guide-to-Hallmarking_W0QQugidZ10000000008098702

macfly

pinkshoes wrote: »

I'm afraid it's the paypal/ebay rules that you get 10 days to prove it's a fake, so it's usually a good idea to do this before opening the dispute!!

Look at it from Links of London's point of view; rather than buying from them, you bought something online (which at half the RRP, is unsurprising it's fake!! - sorry).

I'd either try and promise Links of London you'll buy one from them if they write the letter saying it's fake, or contact trading standards to see if they can help.

Just because it's half retail price does not indicate fake. The mark up on jewellery is immense. I have watches, sunglasses etc. on sale for half RRP. Mine are genuine. Buy a diamond on the high street for a grand. True value about £300.