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

geordie_joe

scotsbob wrote: »

What evidence is there for the police to prosecute?

The police don't prosecute, the Crown Prosecution Service (CPS) does that. The police investigate and present their finding to the CPS, who then decide to prosecute or not.

scotsbob wrote: »

Can she prove the bag she has now was obtained from you?

She doesn't have too, she just has to tell the police it came from the OP. They may not see it as an innocent person selling a gift, they may see it as the end of chain that begins with an organized gang smuggling counterfeit goods into the UK.

scotsbob wrote: »

If she can't there is no case to answer.

Maybe not, but the police may think there is a case to investigate. They may want to know who gave the gift, where they got it from etc.

Police success is measured by how many cases they pass to the CPS which are then prosecuted. Since the CPS was merged with the Revenue and Customs Prosecution Office they are very interested in prosecuting tax evaders. People who deal in counterfeit goods don't usually pay tax on them.

So the police might not be interested in the OP, but they may be interested in who bought the bag for her/him, and who they bought it from.

Avon2001

So the police might not be interested in the OP, but they may be interested in who bought the bag for her/him, and who they bought it from.

Given that the OP said the bag was a gift from an ex-partner they may not be too concerned about this!

hermum

Why would someone buy a £350 bag without going to the sellers house so that they could check it over properly?

djkarl

call her bluff, tell her to go the police
i'm sure if it's serious enough for the police to get involved a few quick tests on the bag will prove you have never touched it or had it in your possession

andy.m_2

The likelihood is that the OP knows in her heart if this was a fake bag or not.
Was the Ex an extravagent person? Did they have a windfall or come into some wedge? The OP is skint (says themselves that they needed the money) so it is not in the OP's character to spend that money on such a thing.

The buyer, while under the banner of caveat emptor sure should have taken more care however perhaps they thought that the bag was sold in good faith and saw the tags, only upon further investigation did they realise it was a fake.
The likelihood is that on another internet forum somewhere she was given advice to meet in a public place to save her getting mugged in a Nigerian scam involving bag sellers!
I would suggest the probable scenario is the OP needed the money and hoped the bag was real. The buyer has since been told by a friend it isn't real.

Meet the person, suggest at the Police station (this may well weed out if the buyer is genuine or not), ascertain it is the same bag, give back the money, ascertain the bag is genuine or not, re-sell the bag.

This is the right thing to do.

Robisere

Hi Squidge, hope you can calm down and think your way out of this.

Lots of replies here giving opinions regarding action the police will or will not take. Are any of them actually versed in the law? Are any of them police officers, work for the CPS, or are lawyers? No, thought not.

Do yourself a favour, find a local solicitor who gives a set period of free advice. (Most do, up to 30 minutes)

My opinion (and it is ONLY my opinion) is that the buyer saw this bag advertised and either knew its genuine worth, or Googled for it. 'OMG a £700 bag for half price. Gotta have it!'

Get legal advice, know where you stand, if it is favourable to you then throw it back at her if and when she calls. If she continues to call after that, she has a harassment case to answer.

If it turns out that you are advised to pay it back (doubtfull) then do so. Put it down to experience.

Btw, if it was genuine, you once had someone who thought enough of you, to spend that much upon you. Should have asked what you would have wanted first though, but that's us blokes. Wish I had asked my missus before I bought some of the stuff that eventually was stored or sold!

Avon2001

Robisere wrote: »

Lots of replies here giving opinions regarding action the police will or will not take. Are any of them actually versed in the law? Are any of them police officers, work for the CPS, or are lawyers? No, thought not.

Actually yes.

heartbreak_star

Have you got any updates OP?

HBS x