ebay counterfeit ds game

[purplecatlover]

recetly i bought a game on ebay (well two but one refunded instantly i complained and was already banned) that turned out to be fake. since trading standards were closed i phoned consumer direct who will report it on to trading standards.

 

anyway seller is refusing to refund unless i send game back. i have been told not to do this as trading standards may want to see it. i have a letter ready to mail to him tomorrow, stating that i want a refund as the item was not a genuine game like i expected. (basic template taken from consumer action site).

 

i have given him 14 days to reply to my letter, after which i am to contact consumer direct again for what to do next. they were very reassuring and said i am entitled to a refund without returning the fake (and why should i return it for him to sell to some other person?), however seller is adamant i am not and all goods must be returned prior to refund in all circumstances.

 

who is right?

 

thanks

[Weird Al Yankovic]

I'm just surprised your complaint seems to be taken seriously.

 

In my area the police and TS couldn't care a stuff about ebay rip offs.

 

Well done.

[purplecatlover]

it has yet to be seen if trading standards will take it up, consumer direct were insistant i keep it in case ts want to see it, and said they would pass everything on to them but that doesnt mean ts will do anything i guess.

[seftonview]

Make a report to the police on the basis that the listing was deceptive, therefore fraudulent. They should give you a crime reference number.

 

Once you have this start a dispute on Paypal quoting the crime reference number and demanding a refund. State the game is to be passed to the police.

[gyzmo]

Gloucester TS have recently prosecuted someone for flogging counterfeit sunglasses (500) resulting in 8 months imprisonment, a tagging order and being barred from using Ebay for 12 months (why for life I don't know - blam the magistrate / law / justice ministry (minijust?)).

 

It is worth reporting to consumer Direct / Trading Standards. If everyone else did an there was a problem revealed, action would more likely be taken.

[gyzmo]

Oh and it may also be worth contacting the purported manufacturer whose copyright / trademark has been breached. They may well want to take action themselves.

[purplecatlover]

police are not interested, said its nothing to do with them.

 

TS still waiting to see, said it might be up to a month before i hear from them.

 

Paypal said get someone who sells the authentic games to verify its fake (no problem) on letter headed paper (big problem, stores that are prepared to do so dont have letter headed paper in local branches) then they cannot ask me to return the game as it is illegal for them to do so.

 

on hold to nintendo atm but doubt they will be much help tbh.

[seftonview]

police are not interested, said its nothing to do with them.

 

Perchance were you speaking to a highly educated and knowledgable operator on the telephone? Doesn't really surprise me.

 

Phone back, be insistent - the seller is guilty of fraud by failing to disclose information - had you known the game to be counterfeit, you wouldn't have bought it. You need to quote Section 3 of the Fraud Act 2006. If they continue to be insistent, ask to speak to someone higher!

 

SV

[purplecatlover]

phoned police last night who said do whatever ebay/paypal said to do. called into the station today and they said they never get involved with ebay, and suggested i take it up with nintendo.

 

(which tbh in my area doesnt surprise me, they were not interested when my stolen car was seen with the same northern ireland number plate a year later)

 

nintendo have actually been helpful, offered to send me a free post envelope to send game to them but i said i would just send it tomorrow as will be quicker. they will verify it for me.

[gyzmo]

Remember that there are two different things going on here.

 

one is the refund of your money by way of enforcing your civil rights

 

the other is any action taken against the trader for breach of criminal legislation (as well as civil).

 

Many people make the mistake of confusing the two. Your chief concern is with the former. The latter is the concern of enforcement authorities.

[angryweasel]

Remember that there are two different things going on here.

 

one is the refund of your money by way of enforcing your civil rights

 

the other is any action taken against the trader for breach of criminal legislation (as well as civil).

 

Many people make the mistake of confusing the two. Your chief concern is with the former. The latter is the concern of enforcement authorities.

 

 

 

We recently had a similar issue with a fake iPod bought from ebay - did you pay by Paypal? In our case as soon as the goods were verified as counterfeit (sent to nearest Apple store 100 miles away who were excellent BTW) we signed a form downloaded from paypal that the goods had been destroyed and were refunded straight away. Raise a dispute as soon as possible with paypal and they will reserve funds from the destination account for refund if it's found in your favour. Quite a convoluted procedure - but effective

[purplecatlover]

well i got the game back form nintendo this morning with a letter stating it is counterfeit. they paid attention to the 10day limit i told them paypal had given me and got it back to me quicker than i expected.

 

rang paypal again as i still have not been asked by them for proof. apparently the person who escalated the claim for me last week failed to log it as a counterfeit claim and someone high up now has to change it to that, then i should receive the email asking me for proof. so far no email.

 

that made the 3rd phone call to payal about the matter, i am not impressed with them at all.