I filed SNAD for fake Gucci, now seller escalate the claim!

Mar 25, 2008
31
0
i posted this question to ebay's answer center, but havent gotten any replies so far so i decided to post it here.

"I purchased a Gucci handbag from a Canadian seller. It was stated as authentic, after 3 weeks I received a knock-off bag! I filed dispute but the seller is being obnoxious! He is saying that he will refund me in full, but I have to pay for the custom fees if he was charged! We argued over this for 4 days over paypal resolution, and today he escalate it to claim! Now he has until Apr 30 to decide whether he would refund me in full or give me partial refund. If I mail the item back to him, it would take me at least 3 weeks as well! Apparently now that I see it, everything is in the seller's hands! Ridiculous!!! Now my prob is, if ever I sent the item back, how would Paypal know that I did? And would it be the seller's call whether I should receive a partial refund or would I get all my money?? Can I still file a chargeback? I used a my debit card with a visa logo on it. Please help! I am so mad, I can hardly think!!
Thanks!"

Why would the seller has the option to refund me anyways? I dont get that part!

Help me pls!! :sad:
 

keya

Member
Jan 5, 2006
3,896
2
Get tracking and insurance on the package, that way you'll be able to prove that he received it (he'll have to sign for it) Did you pay customs fees for the bag? If so, I would call the customs office and explain the situation to them and see if there is any way you can get the fees refunded when you return the bag. For you to pay any customs fees when the bag is returned to the seller is ridiculous, plus there shouldn't incur any fees when the item is being returned. If the seller hadn't escalated it to a claim, you should've -Let PayPal help you sort this out, you clearly aren't getting anywhere by trying to communicate with the seller.
 
Mar 25, 2008
31
0
Get tracking and insurance on the package, that way you'll be able to prove that he received it (he'll have to sign for it) Did you pay customs fees for the bag? If so, I would call the customs office and explain the situation to them and see if there is any way you can get the fees refunded when you return the bag. For you to pay any customs fees when the bag is returned to the seller is ridiculous, plus there shouldn't incur any fees when the item is being returned. If the seller hadn't escalated it to a claim, you should've -Let PayPal help you sort this out, you clearly aren't getting anywhere by trying to communicate with the seller.
hi keya,
no i didnt paid any custom fees when i received the bag bcoz the seller makrd it as a gift. i was suggesting that to the seller (that i will mark it as a gift when i return the item back to him), but he still keeps insisting that he has to pay custom fees even when it was marked as gift. this is really ridiculous! i also have relatives back in canada, and i often send packages to them but none of those paid custom fees! if ever he get charged, wouldnt that be his problem?

anyway, would paypal contact me? i cannot post anymore message on the resolution center and i dont know how could i proved that i sent the item back if ever.

i dont want to return the bag yet because i am not too sure now if i would see my money again! as i mentioned, it seems like paypal put that decision into the seller's hands :crybaby:
 

thuha

O.G.
Sep 11, 2006
239
0
If it's a claim, PayPal will send you an email to notify just that, in reply to PayPal's email, you can type your message in 500 words. After that, PayPal will review the case. You can send more messages to PayPal in a form of fax. You should not return the bag or do whatever yet. PayPal will make a decision, if they say you have to return the bag to the seller, you have to, and the one who receives it of course will have to pay custom fee, you should not mark it as gift. Get tracking and signature upon receiving. If the bag is fake, you will have to prove it, I am not sure, and if it's truly fake, I don't understand why PayPal would ask you to return the bag to the seller çause it's illegal, unless you can't prove it and PayPal request you to refund to the seller. Since it's the claim, I bet you PayPal already hold the amt in the seller's account, don't worry, you will get your money back.
 

katt5115

Member
Jan 11, 2007
31
0
Colorado
You can send the item back by flat rate priority mail with signature guarantee and package tracking. By doing that USPS will track every place the package goes, he has to sign for and you can obtain an instant signature via your email once he has signed for it to show paypal. I have used this system before with great success. When completing the international custom form just mark gift that is what I did and there were no custom charges on the return side. Another note, in case they decide to open the box in customs I included a letter stating "Here is the gift you sent me, I am returning it to you" and I signed the note.

Good Luck I know how it is to get burnt I did on my LV Denim Speedy.
 
Mar 25, 2008
31
0
thanks for all your replies!

the case is under investigation now since the seller escalate it to paypal claim. would it be advisable if i wait for paypal's email before sending the item back? i am assuming that they will give me directions of what i should do, am i right?

my main concern is that even though paypal hold the amount of money i paid, would they still let the seller decide what to refund me? or would they issue me a full refund if i provide evidence (tracking #) that i shipped it back?
i am only protected for $200 in paypal since the seller does not have enough feedbacks (unfortunately, i paid $325 for this knock off!)
the seller was telling me that if ever he get charge for custom fees, he will deduct it from my refund. and that what was we were arguing for 4 days! coz if the seller has the authority to refund me, and not paypal, i am pretty sure that he would lie about it and take it from me!

if i lose this case, can i still file chargeback to my bank? i used debit card with visa logo in it. am not sure if thats eligible.

sorry i have too much questions and keep repeating myself ... this is the first time it happens to me and it really burns!! :crybaby::crybaby:
 

Invisibletape

Member
Apr 19, 2008
229
0
i would wait and see what paypal says. if you need to mail it back they will tell you .. oh that suck hazelnutfrappe sorry to hear that
 
Mar 25, 2008
31
0
i would wait and see what paypal says. if you need to mail it back they will tell you .. oh that suck hazelnutfrappe sorry to hear that
hey there,
i guess i have to wait for their directions then. im really sad and angry and frustrated about this!! :sad:

i got an answer from answer center regarding the custom fees, though. i was told to declare on the custom form that the item i am sending is a "return" so there wont be any fees involved.

as for the chargeback, i will have to call my bank about it. thing is, should i contact the bank about it now just to ask for a possible chargeback ... or should i wait for paypal's decision first?
 

aine1313

O.G.
Oct 16, 2007
1,315
0
Ireland
DONT SEND IT BACK. I was advised here on this forum to send it back to a seller. I got signature confirmation to prove they received it.They then said that I wilfully and deliberately damaged it. That was one month ago and I am still waiting for paypal. I have no product and no money,plus I spent more money on postage and signature confirmation.
 

aine1313

O.G.
Oct 16, 2007
1,315
0
Ireland
I think if you get a chargeback,then paypal will wash their hands off the case. At the moment you have the proof,so await paypals exact instructions.
 
Apr 18, 2008
64
0
If the case has been escalated to Paypal's resolution center, then Paypal is the one currently reviewing the case. It will take a few weeks for them to review and reach a verdict. Paypal will inform both you and seller of their decision, after which you will have to send the item back to the seller if it goes in your favor (buyer). This means you will get a refund depending on the 'buyer protection' as noted in the seller's listing (check the table, last column almost at the bottom of the listing page). Upon confirmation of receipt, you will get your refund. Ensure you have tracking and signature requirement.

If Paypal decides in his/her favor, there will be no refund and you have to keep the bag.:sad:

As for custom fees, I am from Canada and when I buy ebay items from the US, I request it to be declared as gift and of low value so I don't have to pay duties. It works all the time. However, since you are returning a purchase, is their an option via USPS to declare that this is 'return to sender' so customs won't even bother to scrutinize?

I hate it when sellers take advantage of good buyers:cursing:. I was a recent victim of a powerseller with 100% feedback--she sent me a fake LV:yucky:.
 
Mar 25, 2008
31
0
DONT SEND IT BACK. I was advised here on this forum to send it back to a seller. I got signature confirmation to prove they received it.They then said that I wilfully and deliberately damaged it. That was one month ago and I am still waiting for paypal. I have no product and no money,plus I spent more money on postage and signature confirmation.
that really suck! that was one of the things i've been thinking -- that the seller can lie about the condition of the bag (since he also mentioned that in PP resolution that it has to be in the same condition, which i understand -- but sometimes its easy to lie about it if they really dont want to refund the money!)

pls let me know how yours turns up! goodluck!
 
Mar 25, 2008
31
0
If the case has been escalated to Paypal's resolution center, then Paypal is the one currently reviewing the case. It will take a few weeks for them to review and reach a verdict. Paypal will inform both you and seller of their decision, after which you will have to send the item back to the seller if it goes in your favor (buyer). This means you will get a refund depending on the 'buyer protection' as noted in the seller's listing (check the table, last column almost at the bottom of the listing page). Upon confirmation of receipt, you will get your refund. Ensure you have tracking and signature requirement.

If Paypal decides in his/her favor, there will be no refund and you have to keep the bag.:sad:

As for custom fees, I am from Canada and when I buy ebay items from the US, I request it to be declared as gift and of low value so I don't have to pay duties. It works all the time. However, since you are returning a purchase, is their an option via USPS to declare that this is 'return to sender' so customs won't even bother to scrutinize?

I hate it when sellers take advantage of good buyers:cursing:. I was a recent victim of a powerseller with 100% feedback--she sent me a fake LV:yucky:.
this seller of mine is no powerseller, but he had sold quite a few guccis already. all of his fbs are positive so i thought to myself, why not -- i could get a bargain .... but now i regret it sooo much!! i have to learn the hard way!

as for the custom fees, thats what i was thinking too -- that you could marked it as a gift so there would be no custom -- but my scammer seller keep on insisting that he always have to pay custom even if the package was marked as gift. i'm not really sure if there is a "return to sender" option on the declaration form. if there's none, then i will have to ask the post to write it down on the form.

one last thing ... on my PP resolution, it says there that the seller has until apr 30 to reply to the claim .... im confuse on that part. why (and what) would they need to hear from the seller when the seller was the one who actually escalate it to claim?
 
Mar 25, 2008
31
0
i just checked my paypal and now they are asking me to return the item back to the seller. here is what they said:

" The seller has offered to provide a full refund once you return the item in its original condition. Please send the item to the seller .....

You are responsible for shipping and handling costs associated with returning the item. Once you ship the item, please provide us with an online tracking number by Apr. 30, 2008. This tracking number allows us to confirm that you shipped the item. Please understand that if you fail to provide this information, your case will automatically be closed.

We recommend that you ship the item using a service that can supply proof of shipment or a tracking number. Otherwise, you may need to rely on the seller to confirm if the item was received."

Now, my question is: can the seller lie about the bag's condition now? or paypal just need to see a verification that is has been sent and if its been delivered, they would refund the money? or would they have to rely to the seller again??

arrghh, i hate this!!
 

ladybug2468

Member
Oct 29, 2006
389
2
I don't think you can track an item that is shipped from the US to Canada, I had to send a fake Chanel back to Canada and the only thing I could do was get a signature confirmation. Maybe my post office had the wrong info about tracking. I hope it all works out for you.
 
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