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Ebay legal threat


pjv1990
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Hello,

 

I recently bought 9 silver coins off ebay that are fake and

 

I have opened a dispute and provided evidence which to the best of my ability proves

this since the seller is refusing my right to return the items.

 

The seller is saying that the coins are not fake, that I am lying and that he can trace back the authenticity of the coins.

 

I have provided evidence that suggests that the coins are fake.

 

The 8 day communication period is over and tomorrow it will be sent to ebay customer support

where I do indeed think they will side with me and refund.

 

The buyer is saying that if this happens and the coins he receives are fake he will sue me for total costs and damages.

 

There is my problem, the buyer could potentially say that I switched the coins for fakes and sent them back when this is not the case at all.

 

I believe that this could be a scare tactic and a last resort trying to force me out of the dispute

considering I have provided proof that has led me to believe the coins are fake and the seller knows that he is beaten.

 

I would appreciate any advice on this as a legal threat is not particularly nice when all I am trying to do is get a refund.

 

Thanks

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Do you have proof they are fake? If so, then he is SOL.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes I have proof, I have recorded a video and have taken photographs comparing them to coins I know are real as they were purchased from a licensed dealer. May I ask what SOL is?

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**** out of luck. Really though, you need a proper report done on them. Not just a self recorded video or comparison photographs.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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**** out of luck. Really though, you need a proper report done on them. Not just a self recorded video or comparison photographs.

 

Agreed, if the seller isn't going to back down and you have to take it further to courts you will need an independent expert report on their authenticity.

 

You may suspect the seller knew they were fake but keep that suspicion to yourself.

 

Don't say anything that could be read as an accusation that the seller acted improperly.

 

Stick with the line that the coins were not as described so you want your money back,

 

don't get drawn into discussion on how they came to be fakes.

It's not your responsibility to show why the seller misdescribed them, only that they were misdescribed.

 

The seller could have honestly believed they were genuine, maybe have been a victim of fraud himself when he bought them,

but that's not your concern or problem.

 

In contrast the seller is creating a potential problem for himself if he says you are lying and switched the coins yourself.

 

There's really no way of interpreting his comment other than he is accusing you of personal dishonesty and committing fraud.

 

Unless seller can prove that his comments are defamatory and you could take him to court and seek compensation for damage to your reputation.

 

I'm not suggesting that you should

- defamation actions are notoriously difficult and expensive

- but there might come a point at which using the threat of a defamation action

unless he withdraws the allegation would be a useful tactic,

but that would only work as long as you haven't made any defamatory allegations against him.

 

That's all assuming it's a UK seller.

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