Dispute with eBay, Paypal and Aqua about replica goods

Barny1979

LABMAN wrote: »

How has not getting refunded made you overdrawn? If the goods had been genuine surely you would still be in the same financial position.

Very good point

Craig1981

LABMAN wrote: »

How has not getting refunded made you overdrawn? If the goods had been genuine surely you would still be in the same financial position.

Barny1979 wrote: »

Very good point

I believe the OP has said he was refunded, but the refund was reversed, which has put him into being overdrawn

eskbanker

Craig1981 wrote: »

I believe the OP has said he was refunded, but the refund was reversed, which has put him into being overdrawn

But LABMAN's point was that if the goods had been genuine then there wouldn't have been a refund in the first place, so if OP is now overdrawn (after refund reversal) then they'd also have been overdrawn if the goods had been genuine in the first place.

System

Why are you getting hung up on that?? Its just due to them charging me for the goods again. I have acted as ebay instructed!!!

System

I followed ebays advice and destroyed it and signed a legal document so no I didnt keep the items. Sanctimonious people!!!!!!!!

bengal-stripe

sm88 wrote: »

As per the sellers page, it does state that they are replica counterfeit goods (a detail I did not see initially.)

Surely you would have seen from the price that the item can't be genuine. You (deliberately?) failed to mention what you have bought for £158.

Tell us, what was the item in question? How do £158 correlate to the price of the new, genuine item?

takman

sm88 wrote: »

I am hoping someone can point me in the right direction!!!!
I purchased items through Ebay with my Aqua Credit through Paypal. They turned out to be counterfeit. I proceeded to go to ebay to advise them of this matter. However they advised me that the items needed to be returned to the seller in order to obtain a refund. As per the sellers page, it does state that they are replica counterfeit goods (a detail I did not see initially.) I argued that it is illegal to sell counterfeit goods online and have reported this seller to ebay over 30 times. He is still selling online. The seller advised that if I return the goods he would refund me. I went back and forth with eBay until I finally was told by them to sign a legal affidavit and destroy the items. I would then be refunded. I did this and waited for my refund it did not come.
Therefore, i contacted paypal who were due to issue the refund. They advised that they could not refund me because their policy is to return the item to the seller in order to be refunded. Neither party seems particularly bothered by the fact that the seller has noted they are fake. I explained that I was following ebays guidance in destroying the items. They did not care and told me that the only way to resolve was to go through Mastercard aka Aqua.
I then contacted Aqua who asked for additional information that I sent and then they refunded me. They give the seller 45 days to respond and he has come back stating that he always lists his goods are counterfeit. They have since charged me for the transaction and the refund I was given has been taken off my card. They say they have to follow Mastercards policy of returning the item to the seller. I have raised a complaint with them as I did with Ebay and Paypal and will have to see what they say.

I cannot for the life of me understand why I am being penalised for being honest and following process when the seller gets to keep my money for selling fake items. They do not care that these are fake items. They just want the money. It has left me overdrawn now on the credit card with additional charges being added. I dont know what to do or where to go next if they dont uphold my complaint. From a customers point of view, they are all working against me and common sense as the seller clearly states that these are replica goods on the website. Ebay are greedy monsters for allowing him to keep selling the items. Can I go to trading standards? Or FOS if the complaint does not stand with Aqua?

I am very frustrated by this and ebay and paypal are very difficult companies to complain to. They have rigid policies. We are not talking about millions. Just £158 but I feel that I am in the right and the seller should not be allowed to do this!!!!

Any advice would be so welcome!

You were originally both told by both eBay and the seller that if you returned them you would get a refund. You chose to not do this and kept on with eBay to allow you to destroy/keep the goods and also get a refund.

You really should have just sent them back and got a refund.

Chino

eskbanker wrote: »

But LABMAN's point was that if the goods had been genuine then there wouldn't have been a refund in the first place, so if OP is now overdrawn (after refund reversal) then they'd also have been overdrawn if the goods had been genuine in the first place.

Not necessarily, because the OP has presumably now had to pay for either a solicitor, notary public or some such to witness the affidavit he/she signed:

sm88 wrote: »

I went back and forth with eBay until I finally was told by them to sign a legal affidavit ...

LABMAN

sm88 wrote: »

I followed ebays advice and destroyed it and signed a legal document so no I didnt keep the items. Sanctimonious people!!!!!!!!

If you had followed ebay's initial advice to return the items you'd have had your refund by now.

System

I followed ebays advice. Pure and simple. They sought legal advice regarding it.