Sold as seen?

Discussion in 'Legal and Insurance' started by Ally138, Aug 22, 2012.

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  1. Ally138 RMS Regular

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    Hi folks, not sure if this is the right section for this but a little advice would e great.

    Basically I sold these recaros back in July, not knowing they were "fake". They were my cousin's and he had them in his room for ages and wanted to get rid of them so I sold them on his behalf. So they were sold, and now almost one month later the buyer opens a dispute on PayPal. Claiming the item was fake, the bolsters were not in good condition etc.

    Now ive replied to him saying why did he not inform me straight away? I looked at his build thread and he seemed very happy with the seats as he described them as "awesomeness" so it is assumed that this transaction is completed right? But now he has come back to me and PayPal has taken funds from my account and I am at a negative balance. Prior to payment he did not even ask me about the item and went straight into payment, would this be sold as seen?

    Does anyone have any advice on this?

    I've read about a 7 day "cooling off period" but nothing more. I'm pretty sure PayPal is likely to **** me over.

    Any advice would be great cheers
  2. Nicky RMS Regular

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    No real idea on how this is going to go for you as I've never been in the situation where something has been declared fake, but go and screenshot EVERYTHING. Get on every forum he is on and screenshot each post where he mentions the seats, their condition, how happy he is with them etc. Also screenshot every message between yourself and him, provide proof of postage, provide proof of purchase (from when your cousin bought the seats) and be sure to get the seats returned at the buyers expense before the case is closed or else you'll be left with no seats and no money...

    Be sure to cooperate fully with PayPal or they will tear you a new hole without question.

    Have you got any proof or pictures of stickers on the Recaro's showing their authenticity? Did you mention at any time that they are 'genuine' and not fakes/knock offs (would lead a buyer to believe there is something suspicious about them should they have any queries at a later date, according to PayPal)...?
    Ge0rge likes this.
  3. Ally138 RMS Regular

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    Thanks for your reply,

    I've already taken a screenshot of him saying the awesome part. I not once mentioned on tr advert that they were genuine nor did mention they were fake as I was unaware. So it was like "yellow recaros for sale" or something along those lines. I mentioned that I gave them a clean and showed a before and after picture. The advert has unfortunately been deleted as the transaction was completed.

    I also have the full conversation with him about payments and everything he says is like "I want this 100%" etc etc. and not even asking about conditions etc. I did remind him from the advert that the rails may have been modified to fit a certain civic but he seemed disinterested but only wanted the seat and organise a courier.

    No receipts as my cousin had them sitting in his wee cupboard storage space in his room for nearly 5 years

    Thanks for your reply, will update later and see what happens. Will get more screen shots later as its getting late now lol
  4. Gambit RMS Regular

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    by stating "yellow recaros for sale" you are referring to a brand name and hence implying they are real?

    you might not have known & as a genuine mistake but whatever the case you sold non-genuine items as genuine
    Lyons likes this.
  5. andy. RMS Regular

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    I bought a defi gauge off ebay for someone, and it turned out to be fake, I put a paypal claim in, they told me that I would have to send them to the manufacturer or a listed dealer to prove it was fake and If I couldn't do that then I wouldn't be refunded.......Needless to say I didn't have the time to send the gauge to Japan to be verified so I lost the claim and the seller kept my money.........Moral of the story, you might still have a chance, paypal does not always side with the buyer despite what people say.
    Sgt_Major and Lyons like this.
  6. Lyons RMS Regular

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    Agreed. By mentioning Recaro you implied they were real and gave the buyer no cause to doubt otherwise.

    Hopefully Andy's experience occurs here.

    Though it seems a bit unfair on a buyer who was genuinely scammed with something fake.
  7. Sgt_Major RMS Regular

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    You need to ring PayPal ASAP!

    I had a very similar thing, they refunded the buyer, leaving me nearly a grand down. When I rang they said the case had been auto decided by software, no one had looked at the case manually.

    I contested it, and sent proof etc, and they reversed the decision....

    I'd be looking for the buyers proof that they were fake, and they would need to be returned in exactly the same condition sold, even 1 stitch missing means they are damaged and refund should be rejected.
  8. neil-c RMS Regular

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    Any updates with Paypal? I'd be interested to hear how this turns out for future reference.
  9. paddymcc RMS Regular

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    Was it a local buyer or did they pay for delivery and you shipped them?
  10. Ally138 RMS Regular

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    sorry i never got to update this. Paypal held my funds and I explained my story out to them when the dispute was escalated. I repeatedly expressed how I was not happy how the buyer did not get back to me straight away as he already tried to sell the item himself before making a dispute with me. The buyer did not respond since and Paypal has released the funds back into my account so i'm not in the negative anymore.

    I'm not a person out to scam folk, I've never had any problems with most of my transactions and if I did, I would have dealt with them as quick as I could. But this guy waited ages before anything, that was what really annoyed me. I'm glad it's over though!
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  11. Ally138 RMS Regular

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    well looks like the buyer wins. all money was taken from my account again and this time it is settled. and the item will be destroyed. apparently. just disappointed how that I have been told it has been put in my favour and now it's not.
  12. pablo RMS Moderator

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    can you get on the phone to them? Thats crazy.
  13. Ally138 RMS Regular

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    I just did, they said its been settled. I asked for proof but she kept going on about a signed documentation. so i just hung up. how can you say it's been in my favour then a few days down the line and go back on your word. utter ***** patter
  14. johnm RMS Regular

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    How can they destroy it?
  15. Ally138 RMS Regular

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    Not fu cking clue mate. not a clue. it's horseshi te if you ask me
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  16. pablo RMS Moderator

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    who destroys it? Bet the c**t keeps it. You should at least get the item back if they have refunded the money.
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  17. Ally138 RMS Regular

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    dont know man. i honestly dont know, was too raging on the phone to know what to ask. she just kept hitting out with a legal documentation thing or soemthing. yah exactly!
  18. da.murf RMS Regular

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    PayPal delivery man will have those in his car pretty soon.
    'destroyed' lol um okaaay
  19. corsacj RMS Regular

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    They ask the buyer to destroy the item and provide evidence afaik

    Its a ****ing rediculous system
  20. Ally138 RMS Regular

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    two things pissing me off right now. one is the buyer was a complete idiot and he gets away with it. and two, at least send me the item back and ill accept the refund through paypal's investigation and their apparent policies.
  21. cormac81 RMS Regular

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    Unbelievable! were they destroyed as they were fakes? or does this happen all the time..
  22. Ally138 RMS Regular

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    if he's had the seats back in the car, i hope he crashes and dies.
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  23. davey-dimples RMS Regular

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    does he ever sell stuff as well as buy? if so scam away at him back! o and send him cat **** in the post someone else here did that i think lol
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  24. Ally138 RMS Regular

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    Just found out he is selling the seats elsewhere! I'm phoning PayPal first thing tomorrow! ****ing **** man I hope he dies of cancer the scummy p***k arghhh I'm so annoyed!
  25. Marc RMS Moderator

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    Buy them back then claim they are fakes
    r6kyl, Lyons, Darren91 and 6 others like this.
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