What are my chances?

uwhuskygirl

I need a cupcake.
O.G.
Oct 25, 2007
542
0
I have a seller who is threatening to file a claim against me and trying to get a refund. I told her that I would not offer a refund because the bag was delivered as described. (She wants a refund because the bag is now "wearing funny.")

My auction clearly states "no returns unless grossly misrepresented." I told her to take it to Juicy or Bloomindales to have them look at the patina on the bag. (This bag had a very delicate finish on it to begin with too.) She tells me that Juicy will prosecute her if she sends in the bag and it's fake. Well, duh it's not fake. Either way she doesn't want to send it in to be fixed nor will she take it to be authenticated (she still doesn't believe it's authentic.)

Oh and if it matters auction ended 8/8 and she paid 8/11.

So, if she does file a claim against me, what chance do I have of winning? Or should I just give her a refund?

Also, I'm tired of the *bay crap and contemplating closing my *bay account for good as well as PP. Any ramifications from that?

Thanks!
 

onegirlcreative

Daddy's Little Girl
Feb 11, 2008
8,391
3
Dovunque voglia andare
That's a lot of crap!!!!

First of all, even if it was a fake (which I am NOT saying it is), Juicy will not prosecute her. OMG. It's only illegal to SELL counterfeits, NOT use/own one.

Ugh! Idiots of the world unite on eBay!

I wouldn't give her a refund because it sounds like she's giving you a load of BS. However, if she paid via PP she will most likely file a dispute through them. And with the crap coming out of PP these days, she will most likely win. I guess it all depends on whether or not you want to risk the refund and receiving the bag significantly worse than when you shipped it to her.

Questions to ask, I guess.
 

mmmsc

O.G.
Feb 1, 2007
9,366
25
USA
With the way things are going on ebay and PP, she will probably win if she files SNAD (signifigantly not as described). Paypal told me they don't even bother to look at any pictures, and the agent candidly admitted they usually rule in favor of the buyer.. The sad thing is you can't even leave neg FB for a buyer anymore to warn others of this kind of deadbeat buyer's remorse. They know they can get away with it and treat ebay selelrs like a dept. store: "Oh, I don"t like it, I will return it and get a refund." Even if you have "FINAL SALE,no refunds, Please read the listing carefully," and lots of pictures posted on your listing. Very frustrating.
Oh the other thing the real fiends do is mess up your bag before they send it back, so they can claim it was damaged.
 

uwhuskygirl

I need a cupcake.
O.G.
Oct 25, 2007
542
0
Will she still win if I still have messages from her stating that the bag is wearing funny after her teenaged daughter started using it?

I delivered the bag without any marking on it and she's saying that the marking have only started showing after use.

I can't be held responsible for a way a person uses a bag?
 

onegirlcreative

Daddy's Little Girl
Feb 11, 2008
8,391
3
Dovunque voglia andare
Will she still win if I still have messages from her stating that the bag is wearing funny after her teenaged daughter started using it?

I delivered the bag without any marking on it and she's saying that the marking have only started showing after use.

I can't be held responsible for a way a person uses a bag?
Are you kidding me? :censor:

OMG. I could just puke right now. :throwup:

Definitely save ALL of your correspondence with her, not sure if that will help, but you never know. It sounds like the teenage daughter trashed it!!!
 

uwhuskygirl

I need a cupcake.
O.G.
Oct 25, 2007
542
0
^ I wish I were kidding. This whole thing has caused me so much stress and it's just not worth it.

Just as a follow up, I just sent this message to ebay:

Auction ended on 8/8/08. Buyer paid on 8/11/08. Item shipped 8/12/08, tracking number was provided to buyer. In the auction description it is stated that there are no returns unless grossly misrepresented. Buyer received the item and used it.

In one e-mail (sent on 8/22/08) she said "Thank you very much for the bag. It is very nice and my daughter is enjoying it."

In a second e-mail (sent on 8/23/08/ she said "I do apologize for all the extra effort that I have caused you however I do not know how to change my feedback. You are a very nice person to go threw all this and I believed you when you told me that the bag was real. Please let me know how to change the feedback because I enjoyed doing business with you. Don't worry about the reciept."

Subsequently after use she sent an e-mail on 8/30/08, after having the bag in her possession and using it, stating "Hello- why is th handle on the bag turning white? my daughter used the bag 2 times- please let me know if you found the reciept so that i could get it replaced or fixed thanks." At this point I told her that I have tried on numerous occasions to contact the store that I purchased the item at and was unable to get the receipt, but to send the authentic bag into the company and they should be able to help.

Then on 8/30/08 in response to my e-mail I received a message from seller that says "thanks." This leads me to believe the issue is resolved.

She then sends me an e-mail on 8/31/08 stating: "I am having problems with this bag and I beleive we need to talk about a refund. The color of the bag is turning white. The handles and the front of the bag. I was told by Bloomingdales that I need a reciept or proof of purchase. Also Juicy Couture wants proof. I was also told to send the bag to Juicy Couture Headquarters and if the bag was found to be a fake I could be prosecuted. Please advise. I am very disappointed and my daughter is devistated. She has used the bag 1 time."

Please note that in this e-mail she claims her daughter has used the bag 1 time and in a previous e-mail she states her daughter has used the bag 2 times. Also, in a previous e-mail she told me not to worry about the receipt anymore. At this point I have told her on numerous occasions that the bag is authentic and I have tried every vehicle possible to get a receipt, but was not able to get one. Never at any point did I promise to get one; I only said that I would try. I also told her that I would not offer a refund because this bag was not grossly misrepresented.

On 8/31/08 I received this e-mail from the seller: "I have a problem with you because I am not going to put my self in danger to be prosecuted because you can not produce proof of purchase for this bag aftert being told you could. You should have made me aware that the bag was turning white in your description. I will repost accordingly and also contact ebay Corporate about my disatisfied purchase and also being taken for $100.00"

There was no mention of the bag turning white before her daughter started using it and I can not, and should not, be held accountable for use or misuse of an item. I delivered the item as described and have held up on my end of this transaction.

After reading up on this issue and coming across other sellers with similar issues and reading this article (link to newspaper article) I feel like this seller is trying to scam me, since she was only unhappy with the bag after using it.

If you view my feedback, you can see that all of my other buyers were happy with the quality of their items. When she bought the bag with me she had a feedback rating of 4 which leads me to believe that she is not familiar with ebay and the ramifications of buying on ebay.

I no longer wish to deal with this buyer and will be more than happy to escalate this issue as I know that I delivered my authentic bag as described and that is all I promised. Please advise on next steps.

Thank you.
 
Last edited:

coachfreak

Looking for LVOE
Okay, what feedback did she leave?

Did you promise a receipt in the auction? If you purchased the bag on a CC have you tried to contact them to procure a copy of your receipt?

I am not sure what Paypal will do, but I certainly hope they find in your favor after they admitted to using it!
 

uwhuskygirl

I need a cupcake.
O.G.
Oct 25, 2007
542
0
Okay, what feedback did she leave?

Did you promise a receipt in the auction? If you purchased the bag on a CC have you tried to contact them to procure a copy of your receipt?

I am not sure what Paypal will do, but I certainly hope they find in your favor after they admitted to using it!
Here's the feedback:

original positive feedback left: Authenticity looks a little questionable. Please leave feedback



  • Reply by me (Aug-20-08 08:21):

    I bought this at Bloomies in NY in 2/08.Take this anywhere to be auth, it's real
    • Follow-up by Buyer (Aug-25-08 12:50):

      THE BAG IS AUTHENTIC- GREAT BUY! 10 STARS! thanks for everything!

I did not promise a copy of the receipt. I said that I would try to get a receipt for her, after she asked me and after the auction ended. I have called Bloomingdales 3x and my bank, but was unable to get anything because Bloomies says that if it wasn't on a bloomies card then they can't do anything for me. My online bank statement only goes back 180 days.
 

coachfreak

Looking for LVOE
Here's the feedback:

original positive feedback left: Authenticity looks a little questionable. Please leave feedback



  • Reply by me (Aug-20-08 08:21):


    I bought this at Bloomies in NY in 2/08.Take this anywhere to be auth, it's real
    • Follow-up by Buyer (Aug-25-08 12:50):

      THE BAG IS AUTHENTIC- GREAT BUY! 10 STARS! thanks for everything!
I did not promise a copy of the receipt. I said that I would try to get a receipt for her, after she asked me and after the auction ended. I have called Bloomingdales 3x and my bank, but was unable to get anything because Bloomies says that if it wasn't on a bloomies card then they can't do anything for me. My online bank statement only goes back 180 days.
Ahh... I remember this from another thread now.
Unfortunately it may not even matter to Paypal that she said it was authentic in the feedback.

If you didn't list the receipt in the auction then Paypal won't fault you for not being able to produce one. You can call your bank and request a bank statement from Feb/Mar, you just can't get it online [for most banks]. Did you use a check or your debit/check card?

If you can get the transaction number from the bank then Bloomies might still be able to find the transaction.
 

Lovely4

Member
Apr 28, 2008
1,387
0
OMG. Just in case - get that receipt from Bloomies. I cannot believe that your buyer is still going on about this bag.
Good luck and keep us posted.
 

uwhuskygirl

I need a cupcake.
O.G.
Oct 25, 2007
542
0
^ Sorry, I apologize it came back to the authenticity of the bag again. And I really hope I'm not being a huge pest.

I'll run to my bank today and see if they can get something for me, to have just in case it comes down to it.

I just really feel screwed by *bay and PP.

Do you think I should give up and give her back her $ or keep fighting? Right now, it's more the principal of this stupid bag than the $100. Will they let her keep the bag and the $?
 

Lovely4

Member
Apr 28, 2008
1,387
0
Your not beening a pest. That's what this and we are here for.
I don't know what PP will do. Her daughter has worn the back at least twice (you have proof in your emails) - which I would also forward to pp with the claim number.
Did you have the peeps on the JC forum authenticate the bag? Also get the receipt or record that you purchased it at Bloomies.
Wait to see what pp states - as you want the bag back - if your not getting the $$$

Now I remember your first original post
"Buyer said my authenticity was questionable! "
Also, can you PM me with their user id - i want to block them too.
 

uwhuskygirl

I need a cupcake.
O.G.
Oct 25, 2007
542
0
Thank you so much everyone for all of your help.

I so appreciate it.

Thank you! Thank you! Thank you! :urock:


Lovely, I'm PMing you right now.
 
Jun 25, 2008
19,957
9
What this buyer is giving you is a humongous load of horsesh#t. From the emails, I have no doubt the buyer is looking for excuses to return the bag. The daughter probably saw two of her girlfriends wearing another bag, and now she wants that one. I would offer a refund to someone who simply didn't like the bag before giving a refund to someone like this. You are not Bloomies or Juicy. If she, or any buyer, has to have a receipt and a no-questions-asked return policy, she needs to go to Bloomies or Juicy or Coach or Saks or NM or wherever and pay retail for the bag. She has no business buying on fReaKbay. I know it sucks, but if sellers continue to give in to bullies like these, aren't we encouraging that behavior? But then again, is there anything we can do about it with PayFoe playing god in this transactions? I don't know about you, but I make a lousy victim. I would rather close my PP account than let anyone take advantage of me in this way.
CRAP!