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haute_stuff · Oct 23rd, 2009, 01:35 PM

I know this seems long, but because I am speaking on behalf of a friend of mine, I had to include all the details I know.

I have a darling friend who had a beautiful Hermes Birkin 35 cm, which she
had used a couple of times, but that was it. She just didn't like the color. I told her if she wasn't going to use it she should sell it on Ebay and get what she really wanted. So she did.

About 4 months ago, she sold it to someone for $5900.00, and she was thrilled. The day the new buyer received it, she contacted my friend with a sob story that her husband was mad at her for spending so much money on a bag, blah blah, blah... and asked if she could return it. My friend felt sorry for her, and let her return it.

Unfortunately, my friend is a very naive gal, who barely looked at the bag when she got it back - not that she would be able to spot a fake anyway - and put it back in the closet. Needless to say, she refunded the gal her money.

Since she hadn't sold it, she was going to let me borrow it for a trip to New York to meet with my biggest client. One look at that bag and I knew right away she had been duped. I had seen her REAl one, and know most of the things to look for on an authentic Hermes bag. The leather was cheap looking and it did smell like leather, the zipper was that crappy "square" shaped zipper, the "HERMES PARIS" on the buckle had letters which were too thick and deeply engraved, the heat stamp was all wrong, and the lock didn't have the two little holes on the bottom. Total garbage!

After this long story, my question is: Does she have any recourse at all in getting her money back from this woman?

Personally I think she is screwed. All she has are the original pictures from her auction, and she doesn't have much. No details at all to prove she sold a different bag than the one she has now. I feel extra bad about it becasue I was the one who talked her into selling it on Ebay in the first place.

Any ideas anyone??

Thanks in advance.

pigalle74 · Oct 23rd, 2009, 01:52 PM

I'm not sure if there is recourse at this point. You have to be really careful when you sell high end items for bait and switch. If she still has the buyer's local address she could contact local police, but I am not sure if they can do anything either. I'm sorry this happened to your friend.

karmenzsofia · Oct 23rd, 2009, 01:54 PM

Hi. First, I would delete the details about the bag that indicate it's fake. There are scammers reading these posts. There's probably not much she can do to get her money back; it depends. How long ago was this? When did she get the bag back? How did she issue the refund? Was it through PP?

denimbarks · Oct 23rd, 2009, 02:07 PM

It's probably a long shot, but for $5900 I would try to at least sue the buyer for the small claims max if I could find supporting information. Can your friend document the history of the bag? Where did she get it? Does she have any photos of her carrying it? Do the original photos for her listing have any background details that were cropped out and might show a room in her house? Whatever she can show to demonstrate she owned the original item would help.

Her problem is going to be that she refunded, and didn't catch the switch for a while. And it's her word against the buyer's. Can she research the buyer at all? Maybe she has scammed before. Maybe you can find an old iOffer listing or something where she bought the fake. Some people are fantastic at finding these little tidbits through Google.

It would be a lot of work with no guarantee, but I'd probably see what I could pull together for that amount of money.

alliemia · Oct 23rd, 2009, 02:16 PM

honestly, why did she refund $5900 without looking the bag over?

i can't imagine there is much that can be done at this point. sad.

pinklipgloss33 · Oct 23rd, 2009, 02:17 PM

Wow...it would literally take everything in my power not to show up on that woman's doorsteps with the police. $5900 is a good amount of money to basically throw down the drain. I feel so bad about your friends situation.

new.old.bag · Oct 23rd, 2009, 02:59 PM

Originally Posted by denimbarks

It's probably a long shot, but for $5900 I would try to at least sue the buyer for the small claims max if I could find supporting information. Can your friend document the history of the bag? Where did she get it? Does she have any photos of her carrying it? Do the original photos for her listing have any background details that were cropped out and might show a room in her house? Whatever she can show to demonstrate she owned the original item would help.

Her problem is going to be that she refunded, and didn't catch the switch for a while. And it's her word against the buyer's. Can she research the buyer at all? Maybe she has scammed before. Maybe you can find an old iOffer listing or something where she bought the fake. Some people are fantastic at finding these little tidbits through Google.

It would be a lot of work with no guarantee, but I'd probably see what I could pull together for that amount of money.

Where I live, $5900 is grand theft and therefore a felony. I'd be contacting that buyer as well as the police, as there is probably longer than a 4 month statute of limitations for such a crime.

karmenzsofia · Oct 23rd, 2009, 03:24 PM

If the sale was four months ago, the return couldn't have been long after that...

I'm surprised the friend didn't notice she didn't get the same bag back, but if rarely used it, I suppose it's possible. She can try filing charges, but cops rarely bother with eBay fraud ,and proving that the bag she sent out and the bag she got back aren't the same could turn out to be impossible. It's a lot of money, but that's relative to each person. It sounds like it wasn't a huge hit for the owner kuz it wasn't even her idea to sell it and when she got it back, she put it back on the closet instead of trying to sell it again.

It's terrible how scammers have ruined eBay for so many people. Ugh...I hate thieves.

hotshot · Oct 23rd, 2009, 08:03 PM

Would pursue "ruffling her feathers ". Just let her know that you know (or your friend)

that she did a bait and switch.. see what the reaction is.. you never know..

$5900 is alot of $$$ to be out of..

lizmil · Oct 23rd, 2009, 09:19 PM

There is mail fraud involved here too. I would pursue that avenue. The post office may be a big gun that can get behind her...

Did the "buyer" resell the bag, that might help.

flashy.stems · Oct 23rd, 2009, 09:20 PM

what a nightmare:S:S

pro_shopper · Oct 24th, 2009, 02:26 AM

oh no! I feel so bad for your friend! Hopefully she does get her money back!

justwannabuy · Oct 24th, 2009, 03:16 AM

Agree with New.Old.Bag. PP and bay should be contacted too even if they don't do anything.

alij78 · Oct 24th, 2009, 05:48 AM

I would contact the buyer and let them know that they have committed a significant case of breaking the law and that you have all of their details from the purchase and will be contacting the federal police/mail authorities/ebay etc and they will be undertaking a full investigation etc - as PP have said - ruffle their feathers and see how you go. . . it is a pretty serious crime and that may scare them

creighbaby · Oct 24th, 2009, 06:53 AM

I would contact ebay and paypal, but most likely take the person to court.

Oct 23rd, 2009, 01:35 PM	#1
haute_stuff OP Sofa King Banned Joined: Aug 2009 Posts: 18	Buyer switched REAL bag and returned a FAKE! I know this seems long, but because I am speaking on behalf of a friend of mine, I had to include all the details I know. I have a darling friend who had a beautiful Hermes Birkin 35 cm, which she had used a couple of times, but that was it. She just didn't like the color. I told her if she wasn't going to use it she should sell it on Ebay and get what she really wanted. So she did. About 4 months ago, she sold it to someone for $5900.00, and she was thrilled. The day the new buyer received it, she contacted my friend with a sob story that her husband was mad at her for spending so much money on a bag, blah blah, blah... and asked if she could return it. My friend felt sorry for her, and let her return it. Unfortunately, my friend is a very naive gal, who barely looked at the bag when she got it back - not that she would be able to spot a fake anyway - and put it back in the closet. Needless to say, she refunded the gal her money. Since she hadn't sold it, she was going to let me borrow it for a trip to New York to meet with my biggest client. One look at that bag and I knew right away she had been duped. I had seen her REAl one, and know most of the things to look for on an authentic Hermes bag. The leather was cheap looking and it did smell like leather, the zipper was that crappy "square" shaped zipper, the "HERMES PARIS" on the buckle had letters which were too thick and deeply engraved, the heat stamp was all wrong, and the lock didn't have the two little holes on the bottom. Total garbage! After this long story, my question is: Does she have any recourse at all in getting her money back from this woman? Personally I think she is screwed. All she has are the original pictures from her auction, and she doesn't have much. No details at all to prove she sold a different bag than the one she has now. I feel extra bad about it becasue I was the one who talked her into selling it on Ebay in the first place. Any ideas anyone?? Thanks in advance.

Oct 23rd, 2009, 01:52 PM	#2
pigalle74 Member Joined: Apr 2009 Posts: 1,800	I'm not sure if there is recourse at this point. You have to be really careful when you sell high end items for bait and switch. If she still has the buyer's local address she could contact local police, but I am not sure if they can do anything either. I'm sorry this happened to your friend.
pigalle74 Member Joined: Apr 2009 Posts: 1,800

Oct 23rd, 2009, 01:54 PM	#3
karmenzsofia Member Joined: Jun 2008 Posts: 15,923	Hi. First, I would delete the details about the bag that indicate it's fake. There are scammers reading these posts. There's probably not much she can do to get her money back; it depends. How long ago was this? When did she get the bag back? How did she issue the refund? Was it through PP?
karmenzsofia Member Joined: Jun 2008 Posts: 15,923	__________________

Oct 23rd, 2009, 02:07 PM	#4
denimbarks Sit. Stay. Shop. Joined: May 2007 Posts: 387	It's probably a long shot, but for $5900 I would try to at least sue the buyer for the small claims max if I could find supporting information. Can your friend document the history of the bag? Where did she get it? Does she have any photos of her carrying it? Do the original photos for her listing have any background details that were cropped out and might show a room in her house? Whatever she can show to demonstrate she owned the original item would help. Her problem is going to be that she refunded, and didn't catch the switch for a while. And it's her word against the buyer's. Can she research the buyer at all? Maybe she has scammed before. Maybe you can find an old iOffer listing or something where she bought the fake. Some people are fantastic at finding these little tidbits through Google. It would be a lot of work with no guarantee, but I'd probably see what I could pull together for that amount of money.
denimbarks Sit. Stay. Shop. Joined: May 2007 Posts: 387

Oct 23rd, 2009, 02:17 PM	#6
pinklipgloss33 Member Joined: Oct 2008 Location: Shopping on Fifth Avenue Posts: 2,940	Wow...it would literally take everything in my power not to show up on that woman's doorsteps with the police. $5900 is a good amount of money to basically throw down the drain. I feel so bad about your friends situation.
	__________________ "Simple is for every woman who knows she can be both real and sexy at the same time" -Francois Nars

Oct 23rd, 2009, 02:16 PM	#5
alliemia love shopping!!! Joined: Jun 2008 Location: NY Posts: 3,921	honestly, why did she refund $5900 without looking the bag over? i can't imagine there is much that can be done at this point. sad.

Oct 23rd, 2009, 03:24 PM	#8
karmenzsofia Member Joined: Jun 2008 Posts: 15,923	If the sale was four months ago, the return couldn't have been long after that... I'm surprised the friend didn't notice she didn't get the same bag back, but if rarely used it, I suppose it's possible. She can try filing charges, but cops rarely bother with eBay fraud ,and proving that the bag she sent out and the bag she got back aren't the same could turn out to be impossible. It's a lot of money, but that's relative to each person. It sounds like it wasn't a huge hit for the owner kuz it wasn't even her idea to sell it and when she got it back, she put it back on the closet instead of trying to sell it again. It's terrible how scammers have ruined eBay for so many people. Ugh...I hate thieves.
karmenzsofia Member Joined: Jun 2008 Posts: 15,923	__________________

Oct 23rd, 2009, 08:03 PM	#9
hotshot Member Joined: Apr 2007 Posts: 5,249	Would pursue "ruffling her feathers ". Just let her know that you know (or your friend) that she did a bait and switch.. see what the reaction is.. you never know.. $5900 is alot of $$$ to be out of..
hotshot Member Joined: Apr 2007 Posts: 5,249

Oct 23rd, 2009, 09:19 PM	#10
lizmil Member Joined: Dec 2007 Posts: 1,387	There is mail fraud involved here too. I would pursue that avenue. The post office may be a big gun that can get behind her... Did the "buyer" resell the bag, that might help.
lizmil Member Joined: Dec 2007 Posts: 1,387	__________________ liz PCE find: Bone Croc Maggie - looks like hot chocolate color DD's Wishlist: Compact style Periwinkle Maggie wallet

Oct 23rd, 2009, 09:20 PM	#11
flashy.stems Hermès Hottie Joined: Jun 2009 Location: Canada Posts: 5,566	what a nightmare:S:S
	__________________ "I'm the worst wife in the cooking department. I always thought you can't be good at food and sex, but you can always order the food in. I'd rather he didn't order in the sex." Louboutin Must-Haves: Cream Lulys Nude Biancas 36.5/37 Studded VPs Watersnake ADs UHG Cinderella Shoes: Samira in AB Strass Hermès Need List: Bordeaux Shiny Croc Birkin Rouge Ostrich Birkin Lizard Birkin.. colour suggestions?!

Oct 24th, 2009, 02:26 AM	#12
pro_shopper ♥dreaming of Chanel♥ Joined: Apr 2007 Posts: 5,042	oh no! I feel so bad for your friend! Hopefully she does get her money back!
	__________________ "The best things in life are free, the second best are expensive." --CoCo Chanel Wishlist: ~J12~

Oct 24th, 2009, 03:16 AM	#13
justwannabuy Member Joined: Jul 2009 Location: Wisconsin Posts: 64	Agree with New.Old.Bag. PP and bay should be contacted too even if they don't do anything.

Oct 24th, 2009, 05:48 AM	#14
alij78 Member Joined: Nov 2007 Posts: 968	I would contact the buyer and let them know that they have committed a significant case of breaking the law and that you have all of their details from the purchase and will be contacting the federal police/mail authorities/ebay etc and they will be undertaking a full investigation etc - as PP have said - ruffle their feathers and see how you go. . . it is a pretty serious crime and that may scare them
alij78 Member Joined: Nov 2007 Posts: 968	__________________ WISHLIST Chanel Beige Med/Large Caviar w SHW - GOT IT YAY!!! Chanel Red 05 Caviar w SHW - GOT IT - THE HG!!! Chanel White Med/Large w GHW Louis Vuitton Black Mahina XL Louis Vuitton Mono/Damier Neverfull GM and the ultimate .... Hermes Birkin Etoupe or Black

Oct 24th, 2009, 06:53 AM	#15
creighbaby Member Joined: Jun 2006 Posts: 1,925	I would contact ebay and paypal, but most likely take the person to court.
creighbaby Member Joined: Jun 2006 Posts: 1,925

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