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Bought a fake! Major dilemma!

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Comments

  • susplum
    susplum Posts: 407 Forumite
    For gods sake... what a load of hooplah!!!!

    S-H-W.... I can completely see where you're coming from and I hope this all works out in your favour. I may be wrong but I was pretty sure that the whole 'suing the seller' thing was a knee-jerk reaction to being conned. And as for the rest of the posters who keep harping on about it ... have you NEVER fantasised about suing someone who has done you wrong (and broke the law as the seller has done) and watching them get there just desserts????

    As for the English/Scottish law thing!!!!!! I'm a Scot, and I'm not a lawyer/solicitor etc, and I live in England and even I know that some terms in law don't translate north/ south of the border.

    For those complaining that OP is ignoring some advice or even *gasp* disagreeing with it... well why shouldn't she? She was given a piece of advice by Frivolous Fay regarding the legal ramifications and paypal and started following their policy and was STILL inundated with people ignoring the fact that she had been sold something illegal, that their was a good chance would be illegal to resend in the post and that she KNEW AS FACT FROM THE SELLER was going to be resold. OP would have been irresponsible to just send it back for a refund allowing someone else to possibly be conned. In fact I think this would make the OP some kind of accesory (no pun intended...handbag / accesory ...ho hum lol).

    Stick to your guns OP. Get your refund, stay within the law and do NOT allow this seller to have her illegal goods back to sell on to some other unsuspecting individual.
    :dance:One good turn gets most of the duvet!! :dance:
  • susplum wrote: »
    For gods sake... what a load of hooplah!!!!

    S-H-W.... I can completely see where you're coming from and I hope this all works out in your favour. I may be wrong but I was pretty sure that the whole 'suing the seller' thing was a knee-jerk reaction to being conned. And as for the rest of the posters who keep harping on about it ... have you NEVER fantasised about suing someone who has done you wrong (and broke the law as the seller has done) and watching them get there just desserts????

    As for the English/Scottish law thing!!!!!! I'm a Scot, and I'm not a lawyer/solicitor etc, and I live in England and even I know that some terms in law don't translate north/ south of the border.

    For those complaining that OP is ignoring some advice or even *gasp* disagreeing with it... well why shouldn't she? She was given a piece of advice by Frivolous Fay regarding the legal ramifications and paypal and started following their policy and was STILL inundated with people ignoring the fact that she had been sold something illegal, that their was a good chance would be illegal to resend in the post and that she KNEW AS FACT FROM THE SELLER was going to be resold. OP would have been irresponsible to just send it back for a refund allowing someone else to possibly be conned. In fact I think this would make the OP some kind of accesory (no pun intended...handbag / accesory ...ho hum lol).

    Stick to your guns OP. Get your refund, stay within the law and do NOT allow this seller to have her illegal goods back to sell on to some other unsuspecting individual.

    Don't dare talk sense for christssake susplum! I can see your point from the scotland/england law differences, suing her probably isnt going to happen. But I just don't see why so many on here think its acceptable for this seller to waste my time by mis-advertising a bag, then having the gaul to ask that I return her bag (which I of course have to pay for) so then she has the bag, my money and I am to rely on her goodwill to refund me. She is one of many sellers who get away scot free with mis-describing goods and conning buyers, why should I let her get away with it? If I hadn't noticed it was a fake, she'd have quite happily kept my money!

    I am 99.9999% certains she knew the bag was a fake. When I messaged her initially asking her to explain herself her resonse was "return the bag to me for a full refund" no shock, surprise, apology or even a denial that the bag was a fraud. The bag listed was used with pictures of an authentic mulberry, the bag arrived BNWT and not the same bag pictured. The attitude seems to be, "aww poor little seller, send it back, if she relists the bag report her to eBay." What? I'm supposed to waste even MORE of my time on this moron. Plus, and herein lies the rub, its ILLEGAL to send counterfeit goods through the post!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    A few bright sparks on here have asked if I really thought I'd get a genuine bag for £100 (knowing nothing about the bags and what they are worth of course):rolleyes: . I had searched completed listings and £100 was the usual price of a mulberry of this type. YES they are £300 new but this is not a popular bag and it was listed as used. That is the whole point of eBay; buying unwanted goods from others for a reduced price. This reduced price reflects the fact that items are sometimes used/aged and that sellers cannot offer the same guarantees as a shop bought item. This does NOT mean its acceptable to send a counterfeit item.

    The seller did not at any point disclose to me who she was (as I have said MANY times in this thread!), when I sent payment via paypal I noticed her email was (and this name is an example!! not her real name!!) [EMAIL="sally@sallysmith.co.uk"]sally@sallysmith.co.uk[/EMAIL], this intruiged me so I googled "sally smith" and her presto up comes her website complete with this same email as her email address in her contacts section. When all the trouble started when I received the bag I emailed her directly through her website hoping she'd be stupid enough to reply by that rather than eBay. She was.

    I am not obsessed by whether or not I've been conned by a celebrity, I just cannot fathom how anyone with so much to lose would openly break the law and be so blase about it. I emailed her asking if she was aware of the seriousness of her actions and told her that I was dubious as to whether someone advertising themselves as someone with over 10 years experience in fashion really could not tell the bag was such a blatant fake. She replied that her "team of solicitors" and "friends in the police" would be after me if I continued to "threaten" her. I wonder how many solicitors and police pals it takes to tell her to quit while she's behind and return me my bloody money???
    It wouldn't surprise me however if she were on first name terms with her local constabulary if she makes a habit out of this type of behaviour.

    Righty-ho, I think thats me about finished. I've been up since 3am with my baby daughter and I am bloody knackered. Mods PLEEEASE lock this thread now before I get any more insightful posts such as "why don't you just return the bag and get a refund" or "did you reeeally think you'd get a genuine bag for £100?" or (may favourite) "you only bought the bag from her because she advertised the fact that she was famous". Barvid; my OH apologises if he went too far with his posts, he was looking through my thread and saw that you'd pulled me up on some law thing-a-ling-ding and was trying to stick up for me. Thanks to everyone on here who has supported my Quest for Justice Against Fraudulent Sellers(TM). Rock on!
  • I GOT MY MONEY BACK! :D:D:D:D :beer: :D:D:D:D
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    Grats :) How about the inept 'refund' the seller did?
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • And kept the bag ???

    mishka
    Bow Ties ARE cool :cool:

    "Just because you are offended, doesnt mean you are right" Ricky Gervais :D
  • Grats :) How about the inept 'refund' the seller did?

    The other refund is still there too! Currently have £250 odd in my paypal a/c. I'll need to give her other refund back of course, but I hope she's learned a valuable lesson from all of this.:rolleyes: Yeah right. Now for feedback.........

    P.S. can someone please report this bag? Its a fake and I've done it twice now but the auction is still running!

    http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&rd=1&item=130148898224&ssPageName=STRK:MEWA:IT&ih=003

    PEOPLE POWER!
  • hjb123
    hjb123 Posts: 32,002 Forumite
    just had a look at the bag - how can you tell its a fake? It looks a really nice bag and just wondered about what to look for to tell a fake?
    Weight Loss - 102lb
  • hjb123 wrote: »
    just had a look at the bag - how can you tell its a fake? It looks a really nice bag and just wondered about what to look for to tell a fake?

    If you look at the pictures you'll see there's a zip along the top of the bag with a tag on it. The stitching on the tags on the zippers on the emmy shoulf make an "m" shape at one end, you'll see this one is stitched into a perfect oval. If you look at this emmy below you'll see the stitching on the tags on the zippers makes an M shape at one end.

    http://cgi.ebay.co.uk/AUTHENTIC-NEW-MULBERRY-EMMY-OAK-BAG-RRP-595_W0QQitemZ150158302897QQihZ005QQcategoryZ63852QQssPageNameZWDVWQQrdZ1QQcmdZViewItem

    Plus the Mulberry trees look really wrong!
  • frivolous_fay
    frivolous_fay Posts: 13,302 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Mortgage-free Glee!
    I noticed they'd put

    100% GENUINE SOFT DARWIN LEATHER


    But not '100% genuine Emmy bag' - shome mishtake shurely?
    My TV is broken! :cry:
    Edit: refunded £515 for TV 1.5 years out of warranty - thank you Sale of Goods Act! :j
  • Why don't you get your friend who works for Mulberry to deal with it, surely it would be better for the company to deal with these, especially as they are part of the vero programme.
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