Annoying seller of fake bag - dishonest or in denial

S

suemb

O.G.
Sep 12, 2006
1,507
19
#1
Hi TPFrs, it was bound to happen to me and now it has -- I have now experienced fake bait and switch. I received a fake LV pochette this afternoon (not the item pictured in the seller's ebay listing) and immediately sent an email message to the seller stating that it is fake (confirmed by Lee here) and requesting a full refund plus the cost of return shipping. Within 10 minutes the seller had refunded the amount I paid (via Paypal). However, when I emailed the seller back to thank her and ask her to refund the cost for return shipping (I know ebay doesn't require this, but my view is that the buyer/innocent party should be made whole), the seller denied that the bag was fake and wrote "I bought this bag from ebay and this is an authentic bag. I already refunded to you for a full amount." In a separate message, the seller stated "I already write the "no return or exchange" because it is an Authentic Louis Vuitton Bag... Also, would you please give me a conformation [sic] number with return shipping?"

So, my question is this, since she already refunded me, what is my risk if I just mail the bag back to her without return delivery confirmation? That is, if I send through USPS with delivery confirmation, the cost will be approximately $7. If I mail back through my work, I only pay a very nominal mailing fee, but I would not be able to get delivery confirmation. Most likely, it will get to her with no problem (she also lives in southern Cal), but since she seems somewhat dishonest and in denial, she could argue that she never received the return. However, since she already refunded my money, what recourse would she have (other than "psuedo-negative" feedback)?

By the way, I contacted ebay about my problem (without filing a formal claim) and the ebay cust svc rep just said that I should contact the seller and mail back the counterfeit item. So, I asked her about the potential risk of doing that if it is illegal to mail counterfeit products? She had no answer and did not appear to understand my question. Oh well.



 
#2
If she has already refunded you without receiving the item back wth is she thinking? Who in their right mind would issue a refund for an authentic item before they got the bag back? In denial, definitely, but how dishonest can she be when she has already refunded?

I would just send it back the cheapest way possible, because, fake or not, I wouldn't feel right about keeping the bag and the $$$$. I know others will likely disagree, saying if she sold a fake she doesn't deserve any consideration, but I wouldn't sleep very well.
 
#3
I agree. Ship by parcel post if it's cheaper than priority mail. If you paid $250+, use s.c., more because she's not the most honest seller in the world than that you need to prove anything to ebay or paypal.

Would it fit into a flat rate envelope or even a bubble mailer? I can't image that it weighs more than 1 lb. so even shipping cross-country, priority mail would be around $6. If parcel post is cheaper, go for it.

And since she's making you be out of pocket for the return shipping, you can leave appropriate feedback, possibly warning the next buyer should she relist.
 
#4
poopsie2 said:
If she has already refunded you without receiving the item back wth is she thinking? Who in their right mind would issue a refund for an authentic item before they got the bag back? In denial, definitely, but how dishonest can she be when she has already refunded?

I would just send it back the cheapest way possible, because, fake or not, I wouldn't feel right about keeping the bag and the $$$$. I know others will likely disagree, saying if she sold a fake she doesn't deserve any consideration, but I wouldn't sleep very well.
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The fact that she has refunded you before receiving the bag back is

telling... however, because you are dealing with a dishonest seller,

would send it back with dc confirmation.... she is capable of pulling a

fast one here and if you send it back with dc she can't claim that

she didn't receive it... with someone like this, this would concern me..

would rather be safe than sorry....
 
#7
I'd get s.c. on the d.c. just to be safe. If the seller is dishonest, what's stopping him/her from saying that she never received the item/item was stolen off her front porch?
 
#8
Having to pay return shipping on a dud is a drag but at least you you have your money back and are not getting stuck with a fake.

This seller sent you a different bag than was in the listing and it was a fake so she is doubly dishonest. I would send the bag back with tracking/sig. I don't know what recourse she might have if she has already refunded you but I wouldn't trust her and I wouldn't want to test the system.

Once you have confirmation that the bag has been returned, I would leave her a neg to warn other buyers of her dishonesty.
 
#9
Sorry to hear about your issue with the bag. I would take an even more aggressive approach, i.e., once I have the refund where you are sure she can't get it back I would make her arrange for pickup by a delivery service of her choice. If you are sure this item is counterfeit and it sounds like it I would say you do not wish to participate in the further trafficking of counterfeit, illegal items in the US commerce stream. I would also threaten to report him or her to the Federal Trade Commission and the Louis Vuitton's legal department. This happened to me once and I think I scared the bee-jesus out of the seller and they ultimately ended up telling me I could just throw it in the garbage (which confirmed it wasn't authentic). You would be well within your rights to not participate in her scam which is only going to result in someone else being victimized by this unscrupulous seller. Okay I'll take my attorney hat off now.
 
#10
:goodpost:



Totally this. Call LV and ask what you should do with the bag, and then tell the seller what LV says. Get it in writing, if necessary (I'm sure they'll email or fax you something at your request) so that you can advise PayPal if the seller opens a claim. And get the money out of your PayPal account as quickly as possible. :smile:
 
#11
I would send it back with delivery confirmation (if it was under $250) or signature confirmation (if it was over $250). It will only cost you an extra couple of dollars, at most, and it's better safe than to wind up in a situation where you're out the whole amount.

Even though the seller has already refunded you, she could call PayPal and explain that you were supposed to return the bag. She probably shouldn't have refunded you first, but PayPal could potentially reverse the refund if you can't show that she received her bag back.
 
#12
IrisCole said:
I would send it back with delivery confirmation (if it was under $250) or signature confirmation (if it was over $250). It will only cost you an extra couple of dollars, at most, and it's better safe than to wind up in a situation where you're out the whole amount.

Even though the seller has already refunded you, she could call PayPal and explain that you were supposed to return the bag. She probably shouldn't have refunded you first, but PayPal could potentially reverse the refund if you can't show that she received her bag back.
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exactly... when you are dealing with a seller that is dishonest or in denial,

why take a chance... use dc if under $250 or sc if over $250..

better to be safe:smile: than sorry...:sneaky:
 
#13
QueenC said:
Sorry to hear about your issue with the bag. I would take an even more aggressive approach, i.e., once I have the refund where you are sure she can't get it back I would make her arrange for pickup by a delivery service of her choice. If you are sure this item is counterfeit and it sounds like it I would say you do not wish to participate in the further trafficking of counterfeit, illegal items in the US commerce stream. I would also threaten to report him or her to the Federal Trade Commission and the Louis Vuitton's legal department. This happened to me once and I think I scared the bee-jesus out of the seller and they ultimately ended up telling me I could just throw it in the garbage (which confirmed it wasn't authentic). You would be well within your rights to not participate in her scam which is only going to result in someone else being victimized by this unscrupulous seller. Okay I'll take my attorney hat off now.
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I really like the idea of having the seller arrange for pick up. However, I'm starting to realize that she may just be very stupid and not even worth my time trying to coordinate with a pick-up service provider. Probably, just as well to eat the return shipping $$ and pay for d.c. (under $250).

IrisCole said:
I would send it back with delivery confirmation (if it was under $250) or signature confirmation (if it was over $250). It will only cost you an extra couple of dollars, at most, and it's better safe than to wind up in a situation where you're out the whole amount.

Even though the seller has already refunded you, she could call PayPal and explain that you were supposed to return the bag. She probably shouldn't have refunded you first, but PayPal could potentially reverse the refund if you can't show that she received her bag back.
Click to expand...

I just got off the phone with Paypal (Vicky, claims specialist) and she said that, at this point, there is nothing that I am obligated to do since the seller already authorized the funds to be refunded to me without any claim, dispute, etc. Interestingly, she said that it would be OK to send back as long as I do not have any written documentation stating that the item is counterfeit. (Granted, is confirmation via tPF "written documentation"?) However, my conscience is making me just want to be rid of the disgusting thing and let the seller know that I am not the dishonest one here. So, thank you everyone for your terrific and helpful input. I will mail it back with some form of delivery confirmation...
 
#14
The $7 is worth the peace of mind and knowing you are doing the right thing here, IMO


Good luck!


Oh, and tell her that you will be watching to make sure that she doesn't try listing it again ;)
 
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