PDA

View Full Version : SS: ok where is the house lawyer....



SnowSurfer
09-21-2004, 06:21 PM
deleted for crawlers.

Cubsfan
09-21-2004, 06:23 PM
Sounds to me like it's your word against hers. She probably doesn't have a case.

SnowSurfer
09-21-2004, 06:25 PM
i hope not...i really dont feel like sitting in jail over this ****

SnowSurfer
09-21-2004, 06:45 PM
deleted for crawlers.

ray
09-21-2004, 06:51 PM
can paypal touch the money in my checking account thats linked to my ebay account? i dont want to have to close it so this bitch cant get my money

Instead of waiting for paypal to contact you on her behalf, I think that you should be a little more proactive and contact paypal to discuss the issues at hand. I would also start printing hard copies of any correspondence you had with this woman, as well as a copy of the original ebay listing email (which I think includes the auction description). Although you never stated the bag was authentic, you never said it was a fake.

SnowSurfer
09-21-2004, 06:53 PM
ebay pulled the auction so i am not able to see the listing at all and i cant seem to find the listing email :(, i printed out all the emails, i will contact paypal right now.

i didnt know if it was real of fake so i didnt list it as such, i got it second hand and i made sure i explicitly said that to everyone who asked. this woman however asked no questions, what part of paypal should i email?

Mike_N_Ike
09-21-2004, 07:57 PM
I don't think you have to worry about jail. I think the worst that would happen is she could try to swing a small claims case against you for the money. But even then, if you said you didn't know whether it was real or not, I don't think she has much of a chance.

The thing to remember is that it's the duty of the accuser to prove wrongdoing. So it's not like she can say that you cheated her and win as long as you can't prove otherwise.

What I would do, is make sure you document everything. Document all the emails that you've exchanged. Note the times and dates for each one. Also, document the time you listed the auction on ebay, and anything else you can think of that has the slightest bit to do with this issue. If it ever goes to court, that will make a big difference.

look_ma
09-21-2004, 08:38 PM
First off she can't have you arrested. Second, her fault for continueing the transaction after ebay pulled it. Also I wonder why paypal is nto following up on this, I have a feeling this b@#$h may have tried this same thing before.

ufcrusher
09-21-2004, 11:15 PM
*THIS DOES NOT CONSTITUTE LEGAL ADVICE, IF YOU WANT LEGAL ADVICE PLEASE CONTACT A LAWYER IN YOUR AREA*

From a legal standpoint:

a) If you listed it as a LV bag and made no disclaimers that you were unsure of its authenticity, then you are advertising it as a original LV bag

b) If you are worried about police action, selling counterfeit knock off bags is actionable and there is a chance that she could contact your local PD concerning the matter

c) The most prudent course would be to email the woman stating that you apologize for the confusion concerning this matter, that you were unsure of the authenticity of the bag which is why you didnt list it as an authentic bag but in the spirit of being a good sport you would be willing to take the bag back and return her money in full.

*THIS DOES NOT CONSTITUTE LEGAL ADVICE, IF YOU WANT LEGAL ADVICE PLEASE CONTACT A LICENSED ATTORNEY IN YOUR AREA. FOR A LIST OF LICENSED ATTORNEYS IN YOUR AREA CONSULT EITHER YOUR STATE BAR'S WEB SITE. IN NO WAY DOES THE FOREGOING STATEMENT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.*

SnowSurfer
09-22-2004, 02:44 AM
alright, i looked through this womans feedback and she has tried to pull the same thing a few times before. I wrote that i was not sure of its authenticity because i recieved the bag second hand. I think any person with half a brain that can read would have known that they might recieve a fake bag even though i was not sure if it was fake or real myself.

How do all the guys in new york on the street get away with selling knock offs???

thanks for the help :)

yippiekiyeh
09-22-2004, 10:37 PM
How do all the guys in new york on the street get away with selling knock offs???



They deal in CASH and don't sell from the same corner twice in the same week.

Not that I would know. :thumbup:

ShawnLee
09-23-2004, 01:19 PM
I think you're in the clear. You wrote that you weren't sure of the bag's status to begin with, and that's clear. If so, I'd say follow UFC's "non-legal-advice" rec and take the bag back from her, less S+H. I'd say that the fairest thing to do.

Showtime
09-23-2004, 01:27 PM
There are laws against selling knockoffs. Combined with mailing across state lines....

-j

SnowSurfer
09-24-2004, 06:34 PM
well apparently i won this one...i called the usps, the ftc, paypal, and ebay and ebay and paypal said they wouldnt do anything for her because she has made too many complaints before with outrageous claims, the usps said they hadnt heard of any complaint and the ftc said that same thing. oh and i looked through all of her feedback, she has claimed fake bags on 15 different auctions. yea ok.

Mike_N_Ike
09-24-2004, 06:41 PM
well apparently i won this one...i called the usps, the ftc, paypal, and ebay and ebay and paypal said they wouldnt do anything for her because she has made too many complaints before with outrageous claims, the usps said they hadnt heard of any complaint and the ftc said that same thing. oh and i looked through all of her feedback, she has claimed fake bags on 15 different auctions. yea ok.
What a b***h dude.

Glad to hear it didn't work in this case though.

SnowSurfer
09-27-2004, 02:41 PM
the plot thickens...she is selling the exact same item i sold her under another name (same town, pictures are taken in the same place as her other auctions) what a stupid bitch

Cubsfan
09-27-2004, 02:41 PM
the plot thickens...she is selling the exact same item i sold her under another name (same town, pictures are taken in the same place as her other auctions) what a stupid bitch
Is she advertising it as the real thing? If so, call the maker, I'm sure they'd be more than happy to have eBay pull it :)

SnowSurfer
09-27-2004, 03:25 PM
i already reported it to ebay, and its selling for more than she bought it from me for (she bout it for 80 dollars + shipping) its now at 100 dollars. Man people are so damn stupid

LegendKiller
09-27-2004, 03:50 PM
Some people are just out to make a quick buck. Some try to claim this kinda crap, others take salvage cars and sell them full price new in other countries. They are all the same, lowlife scum out to make a buck at society's cost.

LK

InfiniteNothing
09-27-2004, 05:11 PM
the plot thickens...she is selling the exact same item i sold her under another name (same town, pictures are taken in the same place as her other auctions) what a stupid bitch

What's wrong with reselling?

SnowSurfer
09-27-2004, 06:33 PM
What's wrong with reselling?

shes selling it as real stuff when she just gave me all the trouble about them being fake.

InfiniteNothing
09-27-2004, 07:57 PM
Maybe it's not fake.

ShawnLee
09-27-2004, 08:07 PM
IN, methinks you're missing the point.