Bought a fake! Major dilemma!

meerustar

From reading the thread from the start and picking up on a few points, it seems OP knows the bag is a fake but would like to keep it anyway AND get a refund!

Myself? ... I'd have returned it for a full refund, and then watched each and every auction she had and reported each and every item as a fake.

meerustar

spinning_hamster_wheel wrote: »

Yes but she wants me to drop the paypal claim, then return her the bag, then rely on her goodwill to return my money. I don't really trust the goodwill of a seller who sells fake handbags!

Send it recorded/special delivery ... she signs for it ... you have trackable proof ... you do a chargeback ... paypal refund!!!

Okay, so you have to pay the postage, but it's a hell of a lot cheaper than £100 quid for a snide bag.

asharon

spinning_hamster_wheel wrote: »

Yes but she wants me to drop the paypal claim, then return her the bag, then rely on her goodwill to return my money. I don't really trust the goodwill of a seller who sells fake handbags!

Dowhat paypal said firstly and return it via a trackable method and get a refund through them. Then you could always threaten with small claims for the cost of postage, although it might not be worth it.

spinning_hamster_wheel

meerustar wrote: »

Send it recorded/special delivery ... she signs for it ... you have trackable proof ... you do a chargeback ... paypal refund!!!

Okay, so you have to pay the postage, but it's a hell of a lot cheaper than £100 quid for a snide bag.

Yup, you got me! I love fake bags! This is why I pay hundreds of pounds for a bag because quality, craftmanship and durability mean absolutely sweet FA to me. I would quite happily keep this stunning copy bag right next to all my genuine ones, even though it has a few slight flaws such as the strap not even being long enough to put the bag on my shoulder, or that the clip to hold it shut doesnt actually meet together.

Its a fake bag. Its illegal to send counterfeit items through the post, thats why I don't want to have to return the bag, plus the fact she expects me to pay to return it to her.

meerustar

spinning_hamster_wheel wrote: »

It was a mulberry bag, I know them like the back of my hand plus one of my friends works for mulberry and I had her authenticate the bag for me. I KNOW the easy thing to do is just return and refund but dammit I want the bag!!!!!!!!

Sorry, I posted after reading this ... seemed straightforward to me

spinning_hamster_wheel

meerustar wrote: »

Sorry, I posted after reading this ... seemed straightforward to me

Christ I should have worded that a bit better!:rotfl: What I meant by that is that I want the genuine Mulberry that she advertised and that I wanted to sue her to get the bag she entered into a contractual obligation to provide me with. Look at the whole message, sorry for any confusion.

frivolous_fay

spinning_hamster_wheel wrote: »

What I meant by that is that I want the genuine Mulberry that she advertised and that I wanted to sue her to get the bag she entered into a contractual obligation to provide me with.

Oh dear. Good luck with that. I don't fancy your chances.

Stan_Morris

spinning_hamster_wheel wrote: »

in Scotland at least you have the option of raising an action for specific implement (ie the court will compel the errant seller to obtain the bag), or the buyer can purchase a mulberry at their own cost and sue for the price paid, assuming the buyer minimises their losses. Personally, I wouldnt be doing this as there is always the risk the buyer cannot be located. Personally, I would offer the seller the chance to remedy the situation before going to the police and if they will not play ball - guess who is ending up with a criminal record. At the end of the day, my wife's position is protected. Unless the law on contract was re-written in the last few minutes, I am pretty sure that is bang on the nail. or do you have an up to date law basics book which contradicts me here? Thought not.

Your best option is just to send it back, take the refund and buy one from a shop.

spinning_hamster_wheel

Stan_Morris wrote: »

Your best option is just to send it back, take the refund and buy one from a shop.

Does nobody actually read what I type? I spoke to paypal yesterday who advised me NOT to send the bag back, get a letter from Mulberry stating the bags a fake (which I am collecting this afternoon) and fax it to them, and go to the Police to get a Crime Reference Number.

Provided they receive all of this, the claim will be found in my favour and I will be asked to destroy the bag. I'm thinking of attacking it with a mallet, chucking it underneath a passing bus then setting it alight and doing a ceremonial dance around the bloody thing.

spinning_hamster_wheel

frivolous_fay wrote: »

Oh dear. Good luck with that. I don't fancy your chances.

Neither do I but it would be bloody cool if it actually worked. Plus the threat that fraudulent sellers might actually have to provide what they put in their auctions might put a lot of people off trying this in the future. Imagine being told in court you actually have to provide the buyer with £1500 Argos vouchers/ designer bag/ a laptop :rotfl: