Advice on Counterfeit goods! HEEELLP!!!

thehearing

Hi Guys,

Im in a bit of a pickle. I purchased a product from a guy on on Gumtree - went and collected it in person, it seemed to be the real deal and I paid in cash.

When I got home I took a closer look after a few days and it didn't look quite right. I took it to a professional who confirmed that it was actually counterfeit - fake logos had been added to make it look legit.

I have the name, address, phone number and email of the seller. I have been in touch and they were initially shocked that the product was fake. However, now I am becoming a bit suspicious. I have asked for a refund, and advised them to do the same from the person they bought it from...but they think they bought it "from a friend or a friend kind of thing" and have no way of getting in touch with them.

My situation is that I have bought a product that (although it seemed so at the time and i was initially happy with it) is not as advertised - it is counterfeit. As a result I want my money back but the seller isn't helping at all. They are implying that, as I was initially happy with the product, I have to stick with it.

Are there any laws around this, and any process I need to follow in order to try and get my money back? We have exchanged numerous emails and im getting nowhere as they will not back down.

Thanks!

bris

Not much you can do. Report it to trading standards and see if he has a history of selling fake goods. He may also have been an innocent victim, but it does not give him the right to sell it on, so your only course of action is a small claims court.

thehearing

Thanks guys - I have email exchanges regarding the purchase (pre and post) but no receipt. Value was £400.

Looks like it could be Small Claims Court time. He is offering to transfer me £50 as goodwill gesture, but i'm not backing down on this out of principal.

Im hoping a threat of court action will make the guy back down.

gordikin

What proof do you have that the seller sold the item to you?...Other than the money had ER11 on it....do you have a receipt for instance that can be traced back to the seller?

acece

Not sure if it's worth the hassle. As you have no proof of purchase
maybe is best to take the £50 and move on?

bris

Even if you don't have a receipt there is still proof available to you. The Gumtree advert, telephone and email communication and even the gesture of £50 goodwill will all go a long way to convince the small claims judge that he sold you it. keep all the emails etc. You have the proof so don't give up.

Flip77

Email the seller and tell him you are going to contact trading standards as you believe he is knowingly selling counterfeit goods, tell him also that you will take him to the small claims court if you do not get you mony back in full. Hopefully that will put the wind up him especially if he is known to trading standards. Then u Contact consumer direct, they will pass the details on to your local trading standards.

I brought a Laptop lead off eBay and as a result blew up, luckily no one was injured and the laptop was fine. The seller almost tried to bribe me by telling me he'd buy me a new laptop. Alarm bells started ringing. I contacted trading standards and it turned out he was well known to them and has been done before!!

wealdroam

Is the seller a trader, or was it a private sale?

PZH

acece wrote: »

Not sure if it's worth the hassle. As you have no proof of purchase
maybe is best to take the £50 and move on?

The OP has email proof both before and after the sale. Why would the seller engage and offer £50 if they did not sell the item ?

I certainly wouldn't write off £350 and accept £50 as a compromise.

thehearing

Thanks for the replies!

I did threaten legal action and the guy instantly quoted the case of "someone vs someone" where the claimant lost out - I got the impression he has quoted this many times before!

Ended up coming to a compromise. I am keeping the goods, but the seller is refunding me the difference to match the actual market value. Sounded like the easiest option without the hassle of going through with a claim and doesnt leave me too much out of pocket.

They have apparently posted me a cheque. Still sounds a bit dubious, lets see if it actually arrives!

Ive learnt a valuable lesson here!

visidigi

anyone who quoted me a legal precedence that quickly knows EXACTLY what they are up to.