I was sold a Fake item on eBay but I didn't know until now

Juxxize

'sigh' sorry to start a new thread about my issue, although there are threads about fakes on eBay my issue is a little different because I bought my item 3months ago and I was unaware it was a fake until now. My friend pointed it out to me so I researched into it and found out they were right! so I gathered all my evidence together ( proving the item was a fake) and sent it to the seller via email, who said they would refund me ( they didn't ask for me to send it back ) but that was 3 days ago and no refund.
I'd just like to pick you guys brains for advice/ experiences.

forgotmyname

After 45 days you have little chance. I presume its too late to alter feedback also?

How much ££ ? UK seller?

Maybe small claims if its worth the time and effort and costs, If they dont payup after.

Irn-Bru-Kid

I think you might be stuck to be honest. You have I believe 45 days to open a case on ebay/paypal, so they won't help you.

Did you pay by credit card? You may be able to do a chargeback.

The seller has probably realised you have missed the deadline to open a case or leave feedback and may not refund at all.

hiccup123

email them again and say you having received the refund yet and that they leave you no choice but to contact ebay about them selling fakes. Tell them that the fact they offered a refund and didn't deny it was fake (i presume they didn't deny it was fake) proves they knew they were selling a fake on ebay which is against the rules.

Maybe this'll prompt them to cough up. How much was the item

Juxxize

thanks hicup good advice, I'll do that and post back,
ps it was £20 supposed to be a kingston . I had no idea until my friend was at my house and they said that's a fake because-- and listed all the reasons like no serial number / wrong colour flashing light , so i researched up on fakes and emailed him , i'm mad as a wasp i can tell you , last time i buy off ebay:mad:

RFW

Juxxize wrote: »

thanks hicup good advice, I'll do that and post back,
ps it was £20 supposed to be a kingston . I had no idea until my friend was at my house and they said that's a fake because-- and listed all the reasons like no serial number / wrong colour flashing light , so i researched up on fakes and emailed him , i'm mad as a wasp i can tell you , last time i buy off ebay:mad:

Don't post the item back. If the seller isn't responding/refunding, the only thing you have is the item. If you return that then you've got no chance.

Ask them to refund again, I wouldn't threaten them too much just yet. If you haven't yet left feedback and still have the option then let them know. If you have left feedback you may be able to add a follow up to feedback.

If this is a business seller you can contact Trading Standards (you also can if not, but they are more likely to do something against a business seller).

Juxxize

Just thought i'd update because I said i would, ( you never know my babbleing on may help someone else in my situation ) I've still not got a refund he wants me to send it back while he sorts out my refund I'm not keen on that because he's ignored me for days and only messaged me back when I said I contact trading standards so I'm not keen on sending it back till i get my refund then I will happily send it back . I'm in the process of giving ebay a wake up call informing them that it doesn't matter that the 45days to file a a case has passed because as they still have to follow UK law and the Sale of Goods Act 1979 says these 2 key points that apply to my case 1)Satisfactory As Described which it wasn't because it was a fake and 2)Fit for purpose AND last a Reasonable length of Time which it hasn't ,only 3 uses and it's already failing I ran the H2testw ( which is software that tests USB drives for error and fakes ) and the results show 1/2 of it is already corrupted /unusable. So in my opinion ebay have to follow the law like other traders, they can't just change it to suit their needs and decide it's only going to 45days for them. Thank-you Martin for all your advice on the site about consumer rights and law.:money:
As before any feedback from you guys is always welcome.

Strapped

Juxxize wrote: »

Just thought i'd update because I said i would, ( you never know my babbleing on may help someone else in my situation ) I've still not got a refund he wants me to send it back while he sorts out my refund I'm not keen on that because he's ignored me for days and only messaged me back when I said I contact trading standards so I'm not keen on sending it back till i get my refund then I will happily send it back . I'm in the process of giving ebay a wake up call informing them that it doesn't matter that the 45days to file a a case has passed because as they still have to follow UK law and the Sale of Goods Act 1979 says these 2 key points that apply to my case 1)Satisfactory As Described which it wasn't because it was a fake and 2)Fit for purpose AND last a Reasonable length of Time which it hasn't ,only 3 uses and it's already failing I ran the H2testw ( which is software that tests USB drives for error and fakes ) and the results show 1/2 of it is already corrupted /unusable. So in my opinion ebay have to follow the law like other traders, they can't just change it to suit their needs and decide it's only going to 45days for them. Thank-you Martin for all your advice on the site about consumer rights and law.:money:
As before any feedback from you guys is always welcome.

eBay won't intervene because their stance is that they just provide the marketplace (which has been argued to death but seems to be standing up for them so far). The SOG act applies to the seller of the item.

steveE2

You wont be giving ebay any wake up call.

The 45 days ebay buyer protection is in addition to your consumer rights,as it's outside the 45 day claim period you cannot use this process,however you can still use your consumer rights but its up to you to enforce them via other means.

What did TS say when you contacted them?

Mindless_Clone

I think at this stage you might find more useful advice on the Consumer Rights board. They will tell you all about how to write and send a letter before action etc. Ebay can't and probably won't help you.
You might also want to talk to trading standards, who will almost certainly tell you not to send the fake back and will investigate the seller.

Juxxize

'What did TS say when you contacted them?'
they haven't got back to me yet , I sent all the information in an email so I could send pictures and what-not , do you think I should ring them instead?
What is this consumer rights board you speak of?
You were right ebay were useless I don't understand how such a big company can change the law to suit their needs , I won't be EVER buying from ebay now it's a total horror story and they don't give a hoot about their customers.