allroadman Posted March 16, 2007 Report Share Posted March 16, 2007 Maybe a little late on posting here, but from a legal point of view, as long as you sold it as private person, and not as a business or it seem as to be a business then the sales of goods act dose not apply. Only way she may be able to try and get a refund from you is by way of a small claims court, however you could equally argue that you sold it in good faith and therefore it is subject to "buyer beware. Link to comment Share on other sites More sharing options...
Insurance Jon Posted March 16, 2007 Report Share Posted March 16, 2007 "caveat emptor" Link to comment Share on other sites More sharing options...
garcon magnifique Posted March 16, 2007 Report Share Posted March 16, 2007 [ QUOTE ] G - a handbag you muppet.....and the ex was never xxxl despite all her other faults [/ QUOTE ] Link to comment Share on other sites More sharing options...
Waylander Posted March 16, 2007 Report Share Posted March 16, 2007 [ QUOTE ] Maybe a little late on posting here, but from a legal point of view, as long as you sold it as private person, and not as a business or it seem as to be a business then the sales of goods act dose not apply. Only way she may be able to try and get a refund from you is by way of a small claims court, however you could equally argue that you sold it in good faith and therefore it is subject to "buyer beware. [/ QUOTE ] particularly as you sold it with tags [?] Link to comment Share on other sites More sharing options...
shark_90 Posted March 16, 2007 Author Report Share Posted March 16, 2007 Not with tags no - Emma had used it and she bought it used Link to comment Share on other sites More sharing options...
Waylander Posted March 16, 2007 Report Share Posted March 16, 2007 Fair does. I would however fight fire with smoke and at least alert Ebay to the false contact details. Stops any Ebay comeback to you I reckon Link to comment Share on other sites More sharing options...
S4_Dan Posted March 16, 2007 Report Share Posted March 16, 2007 [ QUOTE ] Fair does. I would however fight fire with smoke and at least alert Ebay to the false contact details. Stops any Ebay comeback to you I reckon [/ QUOTE ] Damn!!! thats where our fire and rescue service has been going wrong! we've been using water to fight fire!! Not Smoke! Link to comment Share on other sites More sharing options...
steve2 Posted March 16, 2007 Report Share Posted March 16, 2007 Shark, as far as ebay goes i believe under their rules if you advertise a bag as LV it is up to you to make sure it is genuine. but at the end of the day she has sold it on at a loss and there is no way of knowing if the bag the third party had checked is the bag you sold, as others have said they could have had a fake one andare trying it on themselves Link to comment Share on other sites More sharing options...
PinkPrincess Posted March 16, 2007 Report Share Posted March 16, 2007 Sorry to hear about this... Hope you get it all sorted soon It does sound like a scam to me too... Link to comment Share on other sites More sharing options...
shark_90 Posted March 17, 2007 Author Report Share Posted March 17, 2007 She has filed an ebay dispute which I have replied to basically saying that there is no way of being sure that the bag in question is even the same bag.. apparently the next thing I'll hear from her is the baliffs coming round. We'll see Link to comment Share on other sites More sharing options...
DHA Posted March 17, 2007 Report Share Posted March 17, 2007 How can she send baliffs around? Link to comment Share on other sites More sharing options...
R32Ash Posted March 17, 2007 Report Share Posted March 17, 2007 [ QUOTE ] How can she send baliffs around? [/ QUOTE ] She can't. The woman's obviously deranged. Link to comment Share on other sites More sharing options...
Sponge Posted March 17, 2007 Report Share Posted March 17, 2007 Only the courts can instruct baliffs, the real ones anyway. I may have missed it in this long thread, but how did she actually pay for the bag? If it truely wasn't PayPal, then I can't see how they can get involved. But keep your PayPal account empty, just in case. Like others have said, the fact she sold it on herself adds another step in the process, one which introduces even more uncertainity and adds to your defence. If need be, you could insist the bag was genuine and that it is her buyer that has returned a fake, or indeed she sold (another) fake bag herself and caught out. All in all too much doubt, which I would say is in your favour. Do you have a link to your auction? As for accepting a return - I'd be scared that it could prolong the dispute and maybe even suggest you're accepting the possibility it could be fake. However, if you don't accept it, ebay may regard it as evidence against you, as don't they usually ask that goods are returned to the seller? If she did return it though, you could sell it again. Obviously as a fake this time. If she has filed a dispute through Ebay, then I would now only reply to correspondence through that system, not unsolicited emails or text messages. Her messages are bordering on harrassment, so keep it on official channels from here on in. Oh and good luck. I don't envy you at all. Link to comment Share on other sites More sharing options...
R32Ash Posted March 17, 2007 Report Share Posted March 17, 2007 [ QUOTE ] If she did return it though, you could sell it again. Obviously as a fake this time. [/ QUOTE ] I certainly wouldn't accept a return, Sponge. She could send anything. A friend sold his wheels via ebay, and had a similar problem to Shark; the idiot who bought them claimed to have received a different set to what was advertised and sent out, and wanted to return them. If my friend had accepted the return he'd have been sent a set of wheels worth around £200, when the ones he sold were about £700 worth. It got sorted in the end when my friend suggested that the only way the wheels could be 'different' was if the courier had swapped them and so wanted to involve the police. The buyer decided he'd like to keep the wheels after all. I know the scenario's not exactly the same, but Ebay's full off scammers unfortunately. I'd just ignore her and probably report her to Ebay for sending threatening emails and texts. Link to comment Share on other sites More sharing options...
cruiser647 Posted March 17, 2007 Report Share Posted March 17, 2007 Make sure you put all her emails in the eBay dispute. That will help your cause! Scamming slag. Link to comment Share on other sites More sharing options...
paul_tdi Posted March 17, 2007 Report Share Posted March 17, 2007 Really sorry to be reading this shark! Sounds like a good old scam to me without doubt. All the best in getting it all sorted! Paul Link to comment Share on other sites More sharing options...
_Tone_ Posted March 19, 2007 Report Share Posted March 19, 2007 I also believe that if you get the bag back you should check it very carefuly and ensire it is indeed the one you sent. Chances are if it is a scam it certainly wont be, and as others say small claims court has very limited powers when dealing with litigation costs. Also if she communicates with you tell her to address her issues with you in writing only - dont accept any calls etc (as you have done) and maybe get her to send any snail mail to a someone elses address (do you know any solicitors?). There are so many scammers and clearly she has tried the same thing - I really feel she is after you cos she did not like the bag and lost money in trying to sell it on. Good luck and keep us posted! Link to comment Share on other sites More sharing options...
Phantom Posted March 20, 2007 Report Share Posted March 20, 2007 Hi Shark, out of curiosity I googled her user name and found this link, have you seen this ?, she makes no comments about her selling it on ! her comments on ebay message board... Link to comment Share on other sites More sharing options...
fizzbitt Posted March 20, 2007 Report Share Posted March 20, 2007 shall we all log in and start replying! Maybe i should ask her about it being sold on.. hehe.. that would change things a fair bit. Link to comment Share on other sites More sharing options...
shark_90 Posted March 20, 2007 Author Report Share Posted March 20, 2007 Dennis - I hadn't seen that. Fecking b1tch, I can't believe she's written that! I'm logging in now Link to comment Share on other sites More sharing options...
agazzard Posted March 20, 2007 Report Share Posted March 20, 2007 Why has she got the bag she sold as "New with Tags". It doesn't sound to me that she has sold the same bag on. So she's bought a genuine one from you, tried to sell a fake, and been caught out. Link to comment Share on other sites More sharing options...
bazza_g Posted March 20, 2007 Report Share Posted March 20, 2007 go shark, go shark, go shark Link to comment Share on other sites More sharing options...
JamesB Posted March 20, 2007 Report Share Posted March 20, 2007 I think one of the issues here is that she has somehow interpreted your second reply as some kind of admission that the bag was fake and that is why she has got into a further huff. I can't quite understand how she has reached this conclusion as you clearly say that you DID NOT know the bag was a fake and uphold the delief that it is genuine. I don't know how this can be misinterpreted but I think it has. Perhaps you should ask her to tell you why she thinks you admitted the bag was fake and she might reread the email and see her mistake (although I doubt it). I would also ask other people to stay out of it in terms of replying directly to her or it might look like you are pulling some kind of threatening stunt, which won't help your case. Link to comment Share on other sites More sharing options...
kite Posted March 20, 2007 Report Share Posted March 20, 2007 Shall we all log in and post Ben? Link to comment Share on other sites More sharing options...
bazza_g Posted March 20, 2007 Report Share Posted March 20, 2007 [ QUOTE ] I would also ask other people to stay out of it in terms of replying directly to her or it might look like you are pulling some kind of threatening stunt, which won't help your case. [/ QUOTE ] so you reckon asking if she values her kneecaps where they are could be considered as threatening? Link to comment Share on other sites More sharing options...
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