Stolen Dior Bag - My Story with Fashionphile and eBay

Teerabee

Teerabee

Member
Dec 7, 2018
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#1
This is my first time posting on Purseform. I would like to share my story and experience with eBay and Fashionphile. One of my Dior bag (Dior D-Fence) was stolen from my checked bag at SFO airport in January this year. I was devastated but it was my fault to put an expensive bag in a checked bag. Whoever stole my bag only took the bag, not the shoulder strap. I filed a police report and a claim with the airline but did not expect much from anybody.

A few weeks later I found my bag on Fashionphileoutlet on eBay (Fashionphile used to have an eBay account to sell their clearances. Now they do it on their website). I recognized my bag right away because of my two nail scratches on the front flap of the bag and the listing emphasized on it missing a shoulder strap. I know you all understand when you scratch your bag and it leaves a mark....you remember it! This bag has two scratches in a very unique shapes. I could not believe what I saw. It is not a popular bag so there are only a few of them available on the market. I contacted Fashionphile right away explaining what happened and asked if they could take down the eBay listing until law enforcement got involved. Fashionphile agreed to do so. I went to the police station to follow up on my police report and finally got an officer to take care of my case. All of this happened in February-March this year.

To my knowledge since the bag was stolen back in January until now the police department has been in contact with Fashionphile and the case had been submitted to the district attorney. They got the seller's info from Fashionphile and the case is still ongoing. I did not have any more communications with Fashionphile and left law enforcement with the process. The process took a very long time but the officer who is taking care of my case has been in contact with me to update the case status.

I found out from the officer last Friday that the bag was actually still with Fashionphile.....I was a bit wary so I sent a follow up email to Fashionphile and was told that my bag had been sold. Fashionphile said they were waiting for instructions from the officer but received no contact so their loss prevention manager cleared the case and Fashionphile sold the bag in September. I contacted the officer and he was very surprised with the steps Fashionphile took because he did instruct them to hold the bag until the case is closed.

I am Fashionphile's customer and love the company but I am very upset that they just decided to ignore my case like that....not to mention that they were aware the bag was a stolen item and still proceeded with the sale. I am not sure what to do next at this point. Does anyone have any experience to a similar case or any advice on what the next step I should take?

I am attaching the eBay listing and my pictures I took before the bag was stolen showing identical nail scratches.

Thank you very much in advance.

Please take a look at the last picture on eBay listing. You can see the nail scratches on there.
https://www.ebay.com/itm/CHRISTIAN-DIOR-Calfskin-D-Fence-Saddle-Bag-Black-225535-/292433154103?hash=item44165fd037:g:g9wAAOSwK6pac2Sh&_trkparms=gclientid=GOel41aHOAzbJPcF_8UF_UXbFWVOyLaqa8gvtT7-7XDQptibsrd_KpIuSLckPAoH&_trksid=p2047675.l2557&nma=true&si=p93PhP1dv0ZsUEp9xu1dSAuOD2g%3D&orig_cvip=true&nordt=true&rt=nc
 

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#4
There is absolutely no question that the pictures of the bag fashionphileoutlet sold is the same bag you took pictures of and I can't believe that they're giving you a hard time even if they made an honest mistake or if there was miscommunication.

I'm a bit confused though. The listing you posted ended on February 8 and shows the bag as having been sold for $1125.

How is it that it was sold but that the sale was prevented? Generally, buyers pay pretty quickly. (The buyer didn't leave feedback for it so I guess it's possible that the sale didn't complete.)

My FIRST and most important suggestion is to save a copy of that listing and the pictures IMMEDIATELY because it's already been 10 months since the listing ended. Usually listings aren't viewable that long and it may disappear. You want the listing with the pictures clearly showing the same scratches.

Are you also located in California? If so, that's a good thing as far as if you decide to file a small claims action.

I hope this works out for you.
 
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#8
BeenBurned said:
There is absolutely no question that the pictures of the bag fashionphileoutlet sold is the same bag you took pictures of and I can't believe that they're giving you a hard time even if they made an honest mistake or if there was miscommunication.

I'm a bit confused though. The listing you posted ended on February 8 and shows the bag as having been sold for $1125.

How is it that it was sold but that the sale was prevented? Generally, buyers pay pretty quickly. (The buyer didn't leave feedback for it so I guess it's possible that the sale didn't complete.)

My FIRST and most important suggestion is to save a copy of that listing and the pictures IMMEDIATELY because it's already been 10 months since the listing ended. Usually listings aren't viewable that long and it may disappear. You want the listing with the pictures clearly showing the same scratches.

Are you also located in California? If so, that's a good thing as far as if you decide to file a small claims action.

I hope this works out for you.
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That was the original listing I found on eBay and the one I asked Fashionphile to take down and hold the bag. Not sure how the sale was prevented but I believe you cannot end a live bidding eBay auction. Fashionphile did not complete the sale and kept the bag then. They were cooperating at first but I don't know what happened and why they sold the bag in September. It might just be one of their employees let it slipped through the crack. The officer who is helping me is trying to find out at the moment. But yes, I will make sure to save everything and pictures of the listing. I am in California. Is it easier if both parties are in the same state for a small claim? I don't even know how to start with the claim or where I need to go. If you do can you let me know please? Thank you so much!
 
#10
Teerabee said:
I believe you cannot end a live bidding eBay auction.
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The seller can end an auction early but would have to pay FVF on the high bid amount.
Teerabee said:
I am in California. Is it easier if both parties are in the same state for a small claim? I don't even know how to start with the claim or where I need to go. If you do can you let me know please? Thank you so much!
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It's easier to file small claims when both parties are in the same state.

If you go to your local courthouse, I believe it's the clerk's office (clerk of court) and they will guide you through the process. The filing fee isn't high - maybe around $50.
 
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#11
If you know a lawyer that can give you some legal advice cheaply I would start there. In some jurisdictions it isn’t as easy as “you have an item that was stolen from me, I told you, now you must give it back”.

Some jurisdictions have the third party doctrine so, in this example, if FP can show they were not complicit in the theft and they acquired the item in good faith (ie. no suggestion it did not belong to the seller) they will not be responsible to return it to you or for damages to you. Your civil cause of action remains solely against the thief for the financial value of the bag.

That’s a gross simplification because there are a number of factors that impact that but it would be important to know before starting out how and if it might impact your claim.

I’m sorry this happened to you. Such a horrible thing to go through and then to find it and lose it again.
 
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#13
You got a bit lucky with the scratches and that you also had photographic evidence of what the bag looks like. I’m sorry that you had this trouble with Fashionphile and I do hope they get it back from the buyer. I mean it is rightfully yours and not anyone else’s. Plus I’ve had stuff taken from my checked in bags at LAX, not sure if it was due to the sealed shampoo bottles in it or if it was just because they were looking for expensive stuff, such as luxury handbags. But just be careful around all airports, the workers are sketchy as heck.
 
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#14
chilluxury said:
This is so unfortunate. I've been looking into FP for my next purchase but it's things like these that have me doubting if I should purchase from sites like this. I hope you get this sorted out soon. That was definitely your bag!
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This would suck, imagine buying a bag and then having to return it because it was stolen. Sometimes I do doubt the authenticity of these resale sites.
 
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#15
A1aGypsy said:
If you know a lawyer that can give you some legal advice cheaply I would start there. In some jurisdictions it isn’t as easy as “you have an item that was stolen from me, I told you, now you must give it back”.

Some jurisdictions have the third party doctrine so, in this example, if FP can show they were not complicit in the theft and they acquired the item in good faith (ie. no suggestion it did not belong to the seller) they will not be responsible to return it to you or for damages to you. Your civil cause of action remains solely against the thief for the financial value of the bag.

That’s a gross simplification because there are a number of factors that impact that but it would be important to know before starting out how and if it might impact your claim.

I’m sorry this happened to you. Such a horrible thing to go through and then to find it and lose it again.
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The legal system needs updates.
 
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