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Ebay/Paypal claim for counterfeit Rolex


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Hi all

 

In short I purchased a rolex Oysterdate from an ebay seller in Hong Kong with nearly 1000 +tive feedbacks. Watch arrived not working, so took it to a local watchsmith who told me it was a fake and gave me a report confirming such.

 

I started a paypal claim immediately and was told by paypal that they have found in my favour and that I will be refunded once I return the watch to the seller. The problem there is that I believe I will be commiting various offences myself by returning the watch. For example it is an offence to and against RM's Ts&Cs to send counterfeit items by mail. Also I would have to lie on the customs declaration (also a serious offence) because if I put counterfeit watch it won't clear customs...

 

Any ideas what I should do. We are talking about just over £700 here.

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The problem there is that I believe I will be commiting various offences myself by returning the watch. For example it is an offence to and against RM's Ts&Cs to send counterfeit items by mail. Also I would have to lie on the customs declaration (also a serious offence) because if I put counterfeit watch it won't clear customs...

 

Any ideas what I should do. We are talking about just over £700 here.

 

Yes.

 

You are absolutely right; Paypal is absolutely wrong.

 

Your duty is to surrender the fake to an enforcement authority (Trading Standards, HMRC or the Police) in order to present a copy of your receipt for that to eBay and Paypal. The duty of the enforcement authority is then to investigate.

 

Otherwise, eBay and Paypal would not so much as count it as fraud (no criminal conviction) in order to fiddle the eBay fraud statistics. An honest, respectable company would report the suspicion to the enforcement authority on their own initiative instead of doing all they can to avoid the event.

 

Beware though of an unfortunate effect. To treat an eBay transaction as a criminal offence is to forfeit the so called protection of eBay and Paypal. If you study the terms of the User Agreements their "protection" is not intended to be a crime insurance, nor does the right exist to purchase a fake nor would the consumer protection legislation apply to an illegitimate contract.

 

In order to be "protected" you have to pretend that it was not a crime. That is the deal you make with the devil.

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Hi all

 

In short I purchased a rolex Oysterdate from an ebay seller in Hong Kong with nearly 1000 +tive feedbacks. Watch arrived not working, so took it to a local watchsmith who told me it was a fake and gave me a report confirming such.

 

I started a paypal claim immediately and was told by paypal that they have found in my favour and that I will be refunded once I return the watch to the seller. The problem there is that I believe I will be commiting various offences myself by returning the watch. For example it is an offence to and against RM's Ts&Cs to send counterfeit items by mail. Also I would have to lie on the customs declaration (also a serious offence) because if I put counterfeit watch it won't clear customs...

 

Any ideas what I should do. We are talking about just over £700 here.

 

I believe if you get the police to look at it and confiscate it as counterfeit you can show Paypal the receipt of such seizure and you will not have to send it back.

 

You will have to check this with paypal of course!

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As above

PayPal have the policy if an official letter is produced. You don't need to return it

 

Trading standards should supply it.

Call PayPal. Whatever happens they won't let you keep the watch.

 

Sellers argument will be he needs the watch back for investigations. Thats why a seizure letter is best.

:???: what me. never heard of you never had a debt with you.
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