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Help, I inadvertently sold a fake item, now buyer threatening to report me to police!

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  • Ok. Be realistic. Did you really think it was genuine? Was the person who gave it to you as a gift someone who was likely to spend £700 on a gift for you? Do they spend that much every year on you? Do they have that much disposable income?

    If the answer is no then you must have suspected it was a fake.
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  • Hi Squidge2009

    Sounds like a horrible situation, but an all to familiar scenario.

    It's difficult to make a judgement call on this one, but as previously mentioned it could be the person at the other end trying to pull a fast one. The second hand goods market is fraught with danger and your item may have been genuine, but the person at the other end may have already had a fake item and now wants to keep with the one you sent them in return for the fake item.

    Unfortunately, if the police get involved then, it's likely they favour the other persons story due to them being the purchaser. I would reluctantly agree to meet the person at the same location as before and take someone with you for your own piece of mind, put this down to an unpleasant experience and move on.
    Lao Tzu - "Give a man a fish and feed him for a day, teach a man to fish and feed him for a lifetime"

    Derek Bok - "If you think education is expensive, try ignorance"
  • Absolutely do not trust her!!

    As above poster said: she checked it over, made sure she was happy with it and then parted with the money. The police won't be interested! This sounds so suspicious I really would worry about meeting her. It sounds like she is trying to scare you, and it working.

    Steps to take:
    1. delete gumtree post [don't want any arguments - especially if it said "genuine". But even if it says "Mulberry" it is implied to be genuine, so delete it!

    2. Delete Gumtree profile and don't answer phone/email. Ignore her.

    3. Do NOT I stress DO NOT have any correspondence with her at all. The only time you would have to acknowledge her existence is if she either successfully obtains your address and starts a civil proceeding against you [which will never succeed], or if police get involved [which I assure you they will not]

    4. Under no circumstances should you admit the bag that they have in possession is the bag that you sold them. Burden of proof on claimant and as long as you keep your mouth shut unless you absolutely have to speak, scammer won't have enough to make a case.

    I can't say this is definitely a scam, but it is very likely to be! I would say in these circumstances, more likely than not - so you must change your mindset to "poor unfortunate person" to "enemy scammer", and use the correct tactics.

    You're in the strong position as you have the money - THEY need to convince the police or go through the hassle of civil proceedings if they want to recover anything [and then they still probably won't]. So keep the cash, keep mouth shut, no contact.
  • Many thanks for replies so far

    I have not heard from the buyer again since yesterday, so am thinking maybe should just ignore.....
  • TBH it is a hard one because obviously it could be a scam by the buyer where they give you back a fake or of cause it could be that you are actually the scammer here (even if unintentionally) and have ripped of some poor soul and given them a fake.

    Ultimately it comes down to your conscience over if your comfortable potentially being the one in the wrong.

    A) Is the person that gave it to you really the sort to give you a £700 present in the circumstances they did? Are they the sort that would buy/ fall for a fake?

    B) Would you absolutely recognise the bag again if you were to see it?

    Subject to the answers to the above I personally would probably arrange to meet the person again in a very public place and inspect the bag they return. If it is definitely the same one then refund, if it isnt then walk away.
  • BobQ
    BobQ Posts: 11,181 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    kennyfong wrote: »
    Absolutely do not trust her!!

    As above poster said: she checked it over, made sure she was happy with it and then parted with the money. The police won't be interested! This sounds so suspicious I really would worry about meeting her. It sounds like she is trying to scare you, and it working.

    Steps to take:
    1. delete gumtree post [don't want any arguments - especially if it said "genuine". But even if it says "Mulberry" it is implied to be genuine, so delete it!

    2. Delete Gumtree profile and don't answer phone/email. Ignore her.

    3. Do NOT I stress DO NOT have any correspondence with her at all. The only time you would have to acknowledge her existence is if she either successfully obtains your address and starts a civil proceeding against you [which will never succeed], or if police get involved [which I assure you they will not]

    4. Under no circumstances should you admit the bag that they have in possession is the bag that you sold them. Burden of proof on claimant and as long as you keep your mouth shut unless you absolutely have to speak, scammer won't have enough to make a case.

    I can't say this is definitely a scam, but it is very likely to be! I would say in these circumstances, more likely than not - so you must change your mindset to "poor unfortunate person" to "enemy scammer", and use the correct tactics.

    You're in the strong position as you have the money - THEY need to convince the police or go through the hassle of civil proceedings if they want to recover anything [and then they still probably won't]. So keep the cash, keep mouth shut, no contact.

    All sound advice if the buyer is doing a scam. If she is genuine and has discovered that the OP sold her a fake Mulberry, your "that's tough" approach is apalling.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • A tip, if you have her number on your mobile, save it to your contacts with the name "DO NOT ANSWER" and look at the screen when the phone rings.

    PS I am up to "Do not Answer 23" !!
    but thats a different story
  • A tip, if you have her number on your mobile, save it to your contacts with the name "DO NOT ANSWER" and look at the screen when the phone rings.

    PS I am up to "Do not Answer 23" !!
    but thats a different story

    Sorry - no advice for the OP, but that made me LOL!! :rotfl:
  • MysteryMe
    MysteryMe Posts: 3,445 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    OP you say you are honest so why are you so reluctant to meet the person and see if it is the same bag?

    There are far more scammers selling goods on gumtree then buying.
  • soolin
    soolin Posts: 74,167 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If buyer goes to trading standards and bag is a fake then you can technically be prosecuted , assuming they can find your address of course. The bag would also be destroyed as it is illegal to sell a fake or pirated item in the UK.

    I don't think this is likely to be a scam purely because a scammer would only chance this if they knew they could track you down, this buyer does not have your address so as a scam it would be a poor one.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
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