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Returned fake item allegedly lost! Help needed!!!

I won a supposed 'Louis Vuitton' a month or so ago. It cost me £107. I received it the next day as I paid immediately. After receiving the bag, EBay sent me an email warning me not to pay for it and they removed it...why...I don't know. Any way...the seller sent me a tracking number too.
The bag turned up...and I didn't sign anything for it. I opened it and knew straight away it was a cheap fake!
I messaged the seller...who amazingly said to return it for a refund. He asked me to send the tracking number (1st class recorded).
I did this.
The Royal Mail website shows it as 'progressing through the system' still even though I posted it on 29/6/11...
So...I have contacted PayPal as the seller is no longer registered on EBay...and opened a dispute and claim. They have closed the dispute now saying they cannot confirm delivery of the returned item!!!!!
Now...becauseI sent it first class recorded as the seller asked...I can only claim for £46! PayPal have also refused my appeal unless I can provide evidence from Royal Mail that is was actually delivered! Thus...I am going to be £61 out of pocket, which I am naturally not happy about!!! The thing is...the original tracking number the seller gave me is also showing as still 'progrssing through the system' even though I have indeed received the item!!!

Has anyone any advice or suggestions please????? I am soooooooo angry that Paypal have decided in favour of a seller that sells fake items!!!!! I have an EBay feedback rating over 1000...how can they justify their decision?????:mad:

Comments

  • maginot
    maginot Posts: 484 Forumite
    Part of the Furniture Combo Breaker
    Unfortunately you always need to return items special delivery if more than £46.
    Why would you believe the person selling dodgy items on how to return items? Not sure why you expect paypal to be out of pocket for sending items non trackable, they are unable take money back if items haven't been returned. Otherwise you could have kept the item and get money back!

    Just chalk it down to experience and hope you can still claim off royal mail. Although they may be funny if item is considerably more and wasn't properly insured.
  • ublooney
    ublooney Posts: 28 Forumite
    Thanks...I don't know why I sent it First Class recorded to be honest...but then I was so mad...I knew the item wasn't even worth a tenner so I thought recorded would be OK...
    It just all seems weird to me that the First Class recorded tracking number the seller gave me shows as still processing...yet I have received it...then the same happens when I send it back...I even started thinking the guy works for Royal Mail!!!!
    I just feel upset that Paypal are deciding in favour of a seller who has sold a fake item... :( ...when I have done everything 'by the book'...
  • maginot
    maginot Posts: 484 Forumite
    Part of the Furniture Combo Breaker
    It is unfair and hopefully he will be banned from trading on eBay ( which looks like it has happened). However you hadn't done everything by the book, as the rules state you need to send the item by a trackable means, so there is proof of delivery. This can only be done by special delivery with royal mail or by a separate courier.
  • ublooney
    ublooney Posts: 28 Forumite
    Ok...lesson learned this time...grrrrr....hopefully I can get something back from Royal Mail!
    What's to stop him registering as a new user though if he is banned? Do you know?
  • Also, for future reference, if this happens to you again, raise a dispute with eBay (not paypal). The onus will then be on the seller to prove it's genuine. If they can't then you'll get your money back and you won't even have to send the item back.
  • nikki1520
    nikki1520 Posts: 510 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    And probably best not to mention to royal mail that it was a fake- I'd stick to not as described, otherwise they might try to weasel out of the £46 on the basis that you can't send fake items through the post
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