Bought a fake! Major dilemma!

Andy_Hamilton

You knew the price of the item before you started, If I was selling such an item it would have a reserve on for at least 60% for something used but still desireable or 75% for the brand new with tags.
Buying something which is a third of market value does sound good but I would have been very sceptical in the first place then sent them a question asking if it was genuine. If they had replied saying yes then they would have knowingly sold fake items. They may have been given them and thought they are genuine and they could pass it off in court letting you pick up the costs for both sides.

Your quite lucky having a hubby who could help but do you really want to fight? Let trading standards do it for you AFTER YOU GET YOUR MONEY BACK.

spinning_hamster_wheel

justpaper wrote: »

80% of branded stuff on ebay is fake. that is my view,

anyways

about this TV presenter lark, you can use any name to open a paypal account, you can easily get a domain name with any ones name as the Url,
maybe the seller is using the name as a ground of Trust.

or she sares the same name as this other TV presenter,


and based on what the law says you'll have to prove the seller didnt know it was a fake, and that is going to be bloody hard,

so take you refund then think about what your going to do,. i dont think your going to push her to get a REAL bag,

Ebay don't care, £100 they make £3.85, and if you used paypal (ebay owned firm) thats another £3 for payment processing,

and you bought a £290 bag for £100, thinking it was original on ebay, :rolleyes:

Yes yes good stuff. And here's me thinking her admitting "I want the bag back so I can sell it to someone else instead" is as good as admitting she knew it was fake. Suing her has nothing to do with whether or not she knew it was a fake, she entered a contract to provide me with a genuine bag and she failed to do so.

She never mentioned her name to me, on the paypal payment it says £111.99 was sent to [EMAIL="firstname@firstnamesurname.co.uk"]firstname@firstnamesurname.co.uk[/EMAIL] I thought hey thats an unusual email bearing in mind most are @hotmail or @yahoo so I googled the firstname surname and hey presto up comes her site. And on the "contact me" part of the site it has the exact same email addy.

justpaper

i can understand you dont want the refund as that would put a end to court action,.

i dont think going to sue her is going to get u anywhere but high risk of falling flat on ur face, let us know the out come,

spinning_hamster_wheel

justpaper wrote: »

i can understand you dont want the refund as that would put a end to court action,.

i dont think going to sue her is going to get u anywhere but high risk of falling flat on ur face, let us know the out come,

Will do, she also has a false phone number on eBay when I tried to phone her. I suppose at least she says she'll refund without a hassle, I'm just worried that she'll get her bag back and keep my money. She was so blatant about it too basically saying "yes yes, give me it back and I'll sell it to someone else". Can I ask her to refund me before I send it back? I just dont think someone who sells fakes is really in a position to set themselves up as being trustworthy. I used paypal but it was money in the account, not a credit card, I sold a pile of stuff to afford the bag, my OH won't fund my bag habit

I can still sue for her breach of contract even if I accept a refund.

Time2Go_25

Well you just need to do what you feel is best, you have argued with everyone who has given alternative points of view, so sue her and we can all read about it in the papers.

spinning_hamster_wheel wrote: »

I would love to name and shame her but hubby already said no :rolleyes: referring to the defamation thing (libel for you guys in england!)

Why would you assume that English guys (sexist I think) would not understand the word defamation? Oh and I don't think defamation and libel are the same thing, libel is one form of defamation.

Daisey-Duke

Counterfeits, unauthorised replicas (such as counterfeit watches, handbags, or other accessories) or unauthorised copies (such as copies of software programmes, video games, music albums, movies, television programmes, or photographs) are not permitted on eBay. Unauthorised copies include (but are not limited to) copies that are pirated, duplicated, backed-up or bootlegged. It is illegal to sell unauthorised copies of media.
Guideline: If the product you're selling bears the name or logo of a company, but it wasn't made or endorsed by that company, don't list it on eBay.
Breaches of this policy may result in a range of actions, including:

• Listing cancellation
• Limits on account privileges
• Account suspension
• Forfeit of eBay fees on cancelled listings
• Loss of PowerSeller status

got this from ebay

spinning_hamster_wheel

pdel61 wrote: »

Well you just need to do what you feel is best, you have argued with everyone who has given alternative points of view, so sue her and we can all read about it in the papers.



Why would you assume that English guys (sexist I think) would not understand the word defamation? Oh and I don't think defamation and libel are the same thing, libel is one form of defamation.

I simply meant that defamation is a crime in Scotland and the English equivalent is libel/slander depending on whether it is spoken or written, hence your obvious confusion. I am glad to be able to put you straight. If I named my seller on here it would be libel since she is domiciled in England. I am in Scotland and my seller is in England. By using the term "guys" I was simply trying to be, how do you put it, "down with the kids":rolleyes: . Nevertheless, I am sorry if I have caused any offence.

Time2Go_25

spinning_hamster_wheel wrote: »

I simply meant that defamation is a crime in Scotland and the English equivalent is libel/slander depending on whether it is spoken or written, hence your obvious confusion. I am glad to be able to put you straight. If I named my seller on here it would be libel since she is domiciled in England. I am in Scotland and my seller is in England. By using the term "guys" I was simply trying to be, how do you put it, "down with the kids":rolleyes: . Nevertheless, I am sorry if I have caused any offence.

I don't recall being confused, but to help me along a bit more, surely naming your seller on this board can't be classed as libel, unless you are going to say something untrue about her.

No offence was taken, it gets a bit tiresone writing he/she etc. all the time

DonGotti

steviebabes wrote: »

No don't send it back as this is how she is getting away with selling fakes! You have the evidence, why should she get away with it? Why not name and shame her on here too.

No, no don't do that. Defamation is costly business!

spinning_hamster_wheel

But!!! there are many possibilities, maybe this seller does just happen to have the same name address and email as this person, maybe its a hijacked account, like another MSE'er just said its hard to prove it was actually her who sold me the bag, or that she was aware it was a fake. In the eyes of the law its innocent til proven guilty, which is why so many criminals get off scot free, including the guy my husband represented who got off an attempted murder charge when he battered someone senseless with a baseball bat because, er, they couldn't find the bat.