Legal advice please,help!!!

hoftwi

hoftwi

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It's very annoying and I have no idea what to do,so I am seeking advices here,hope you guys/gals can help me out here.

I sold a.genuine designer wallet in the eBay for £150 in May.during the transaction, the buyer asked me to take a picture of the serial number from the wallet to her to prove it was genuine and I did,she agreed the conditions and said it was not fake.so she paid,I posted,job done.

Today she sent me an email claiming the wallet is fake and it's too late to report to eBay so she has no choice but to report it to the police and will file to small claim court on Monday.

WTF? I don't know what to do as it's been 4 months now,she could have swap it to something fake or damage it already, I know the one I sold to her was a genuine one.

Can anyone give me some advise what to do? It's a scam and a big hassle for me!!!

Thank you very much if anyone can help /give me some suggestions.thanks
 
If you know the item was genuine then don't worry.

Send a SINGLE message back to the effect "I know the item I sold you was genuine. Therefore I will not be responding to any further messages from you. You are welcome to report me to whoever you please."

They aren't going to report you to anyone.
 
Thanks for reply.I did reply to her that it was genuine and confirmed by her.then she emailed me back saying she would file the case to small claim court on Monday.

Annoying!!!
 
Not a legal person but presume you still have the photo of the serial number and the correspondence between you both.
Surely the fact that you gave photo and once the item arrived there was no complaint what can they do.
Have you contacted the wallet manufacturer and given the serial number.
Some people are just gits.
 
Reidy36 said:
Not a legal person but presume you still have the photo of the serial number and the correspondence between you both.
Surely the fact that you gave photo and once the item arrived there was no complaint what can they do.
Have you contacted the wallet manufacturer and given the serial number.
Some people are just gits.
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Thanks for reply.I still keep the photo and the correspondence.
 
They sound desperate for money, probably been turned down by wonga.

Tell them the small claims court online system works at weekends.
 
2blue4u said:
They sound desperate for money, probably been turned down by wonga.

Tell them the small claims court online system works at weekends.
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Thanks for cheering me up!!!

Hope it will end soon,too many stress from work lately, shxt like this is the last thing I want.

Just want to take my camera out to take some photo again!
 
Tell them to jog on. If it was a genuine wallet and you have proper proof and you kept images of the actual wallet you sold along with serial number they're just trying it on. I'd also report them to the police as it is attempted fraud as they'll be trying to swap the wallet that you sold for a fake one and extort the money out of you.
 
I hope you get it sorted, but a photo forum would not be where I'd be seeking legal advice.
 
srichards said:
Tell them to jog on. If it was a genuine wallet and you have proper proof and you kept images of the actual wallet you sold along with serial number they're just trying it on. I'd also report them to the police as it is attempted fraud as they'll be trying to swap the wallet that you sold for a fake one and extort the money out of you.
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Thanks for reply.I would report it to the police tomorrow as well.
 
You did everything right and you kept correspondence.
You're fine.
Send them an email and tell them to go for their life.
Legally, they have nothing.
 
Email them back and tell them it's no problem, you will be reporting them to the police for attempted fraud. Other than that you look forward to seeing them in court.

They are taking a chance and nothing will come of it. Don't worry :)
 
Neither you or her have any evidence of anything that is the concern of police.
I'd point out to her that the burden of proof is with her, and if she wants to go to the small claims court, then so be it.
I doubt you'll hear anything else.
 
Neither you or her have any evidence of anything that is the concern of police.
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No, but by the sounds of it the buyer doesn't realise that. It's calling her bluff and letting her know that he's not about to roll over and play ball.
 
pretty much echoing as to the above.

If you have the original jpg / raw, clearly showing the s/no and this matches the pics on the auction site... then should be fine...

HOWEVER, and I am NOT suggesting this is the case, but I play a lot of golf, and there's loads of faked clubs originating from the far east... (read faked, as probably came out of the same factory as genuine ones, but slightly 'hooky').. now these too have serial no's on them... so what is genuine and what isn't nowadays...
 
No, but by the sounds of it the buyer doesn't realise that. It's calling her bluff and letting her know that he's not about to roll over and play ball.
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What on earth are you talking about?
Whatever the buyer thinks, 'calling her bluff' is pointless, because there is no bluff to call! If she thinks she's been diddled, then she can go to trading standards, IF she's been to the police thats what she will have been told.
The small claims court isn't the place for her to seek redress either, hence let her waste her time, if she really is going to do that!
 
There is an alternative. That is to ask her to return the goods in the same condition as sent and give her a refund less your costs
 
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Bernie174 said:
What on earth are you talking about?
Whatever the buyer thinks, 'calling her bluff' is pointless, because there is no bluff to call! If she thinks she's been diddled, then she can go to trading standards, IF she's been to the police thats what she will have been told.
The small claims court isn't the place for her to seek redress either, hence let her waste her time, if she really is going to do that!
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If she thought shed been diddled, she would have complaint months ago. I would hazard a guess that she hasn't been to the police, trading standards or anything, but is taking a chance by making threats of reporting the OP to the police in the hope of getting her money back.

Don't think trading standards would be too interested either, the OP is not a trader or a business.
 
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realspeed said:
There is an alternative. That is to ask her to return the goods in the same condition as sent and give her a refund less your costs
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Why on earth would you want to offer that?
 
Tell them you stole it in the first place and the police are asking you, who took it off your hands :thumbs:
 
She bought it in May. Why has she only got round to contacting you now? Smells fishy.

Stand your ground.

PS: this is why I don't bother with selling on egay.
 
If you can prove via the manufacturer that it was genuine then there's nothing to worry about. Having a picture of the serial number though does not prove it's genuine. If you got it from a legitimate source then you're ok. Worst would be you'd loose the money and the wallet, and so would they probably.

More likely the person who bought has now decided to they are want to the money again to spend on something else.
 
Thanks all the replies and effort to help! I decide to ignore her and nothing I have done wrong,she should have complained about it when she received not 4 months later. Anyway,an other lesson have learnt,don't sell anything worth more than certain amount on the bay.
 
My wife once sold a designer handbag on ebay, sn tag and dust bag included.
The buyer decided it was not genuine after a week or two, so we asked her to return the bag in the same condition it was sent. It arrived minus the sn (cut out) and smelling of cigarette smoke (non of us smoke).
A few messages later and the bag was sent back to the buyer and no refund given (she claimed that 1. She was not a smoker - showed her an ash tray she had bought previously. 2. claimed she was terminally ill so didn't really care either way). The buyer had obviously bought the bag, gone to a wedding or something then thought they'd return it for a refund so wrecked it.

She's just trying it on, ignore and block.
 
Just got an email from her and she said she reported to Action Fraud.and gave me ref no,saying small claim court will start this week.

What now? Buddy annoying!!!
 
Might be worth contacting Action Fraud too and seeing what on earth she thinks she is doing. If they realise she has no case against you they may drop it before they have incurred costs for the tax payer.

Do nothing and just wait. Anyone can say they are doing anything. Whether they are actually doing what they say is another matter.

Make sure you keep every communication and make sure you have evidence to prove the item you sold was genuine. You will also need ways of identifying the one you sold in case the plan is to do a switch and claim an obvious fake was the one you sold not the one you actually did.

The delay may have been to reduce the likelihood of photos and other documentation being kept.
 
hoftwi said:
Just got an email from her and she said she reported to Action Fraud.and gave me ref no,saying small claim court will start this week.

What now? Buddy annoying!!!
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So contacts action fraud wiht your ref number.... I ahve a fiver that says nothing comes of all this..
 
Nothing would come of a report to action fraud anyway.

Action fraud pass on the information to the police and let's be honest, they are not concerned about one wallet. They are after the big hauls.
 
ecoleman said:
Action fraud pass on the information to the police and let's be honest, they are not concerned about one wallet. They are after the big hauls.
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True,there are too many trades over the internet everyday,they won't care just a minor dispute, especially it could be miscommunication between seller and buyer etc.

Anyway,I don't have to worry about it.
Thanks all the replies.
 
hoftwi said:
True,there are too many trades over the internet everyday,they won't care just a minor dispute, especially it could be miscommunication between seller and buyer etc.

Anyway,I don't have to worry about it.
Thanks all the replies.
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Good result she just a scammer :(
 
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