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Can I make a claim for a counterfeit item?

seamonster
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gatorcpa gatorcpa
Respectible Member Seamonster -

Do you still have the protest ongoing with your credit card company? If so, the denial by eBay should have no effect on your claim.

The bottom line was that you were defrauded by this seller and even though it may have taken you some time to prove this, you should still be able to recover from the credit card company provided it meets the time frame of Australian law (of which I'm ignorant).

I don't think this needs to be final just yet.
gatorcpa


Respectable Member gatorcpa

I am touched by your concern over this issue.

Yes, my better-half had already lodged a claim for the charge-back with Visa, through her banker, about two Fridays ago. I think, she was told that we had to lodge the charge-back claim, within 90 days, after paying for that dud.

I will be glad, if we can recover the loss. Otherwise, I have to be prepared for a 'civil-war' with the 'big-boss'. If for some long while, you do not see me in this forum, do assume I have been crucified.

Thank-you.
 
seamonster
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Privateday7 Privateday7
Too bad with eBay. Hope the best with your Visa appeal.


Respectable Member Privateday7

Hopefully, the Visa charge-back will be successful, God willing.

I find eBay is all right, since the deadline of 45 days was over and there is nothing much eBay can do. Personally, I think I have dealt with a non-gentleman seller who was all out to swindle. If I were the seller and a buyer discovers something is rotten about my item, which I was not aware of, I would readily refund the payment. If indeed, the seller is out to deceive me or any of his future buyers, God will be the judge and he will be punished, accordingly.

This is a good lesson for others be wary of. I only hope eBay will tick him, so that other buyers' interest will be protected. As for me, I shall not sell the buckle to anyone, since it is a counterfeit. The worst scenario will be, I shall off-load it for its melt-gold value and absorb the loss. It is an expensive lesson though but again, no pain no gain.

Thank-you.
 
seamonster
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Trev Trev
Where's the seller located?

Credit card charge-back might be your best/only option here, if they're willing to.



Respectable Member Trev

Now eBay's investigation, regarding the counterfeit buckle has concluded.

Kindly advise, whether or not it is advisable to fax the eBay's conclusion to Visa for the charge-back application or just leave our application with Visa, as is.

Thank-you.
 
X350 XJR
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Leave it be, VISA will conduct their own review of the details as you have presented them.
 
seamonster
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X350 XJR X350 XJR
Leave it be, VISA will conduct their own review of the details as you have presented them.


Respectable Member X350 XJR

Your kind advice is much appreciated.

Sorry to ask you a silly question, since this is the first time I encounter such an issue.

Thank-you.
 
cicindela
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No ! , Do as X350 said. Let Visa do there own thing.
 
seamonster
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cicindela cicindela
No ! , Do as X350 said. Let Visa do there own thing.


Respectable Member cicindela

Yes, Sir! I will take your order and also, respectable member X350's advice.

Just lucky I asked and I greatly appreciate the advice given by you and also, respectable member X350.

Thank-you.
 
seamonster
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cicindela cicindela
No ! , Do as X350 said. Let Visa do there own thing.


Respectable Member cicindela and also, other respectable members

Today eBay sent me an questionnaire/survey about the issue, I have had with the seller of the Rolex buckle. This is what I got.

'Thank you for being a valued eBay buyer!

Please take a short one-minute survey to express your opinion about your recent eBay Buyer Protection experience for Rolex Daytona 18K Gold Deployant Clasp Buckle Genuine.

Simply click the link below or copy the following address into your browser:

http://surveys2.incontact.com/ebay/...&user_id=FCE32620-2C53-451E-B0CB-CD6B34A7D531

Your input will help us make eBay a better place for our valued customers. We appreciate your feedback and thank you for using eBay!

Regards,
eBay Buyer Protection Team

eBay International AG have commissioned inContact to carry out this survey. By participating, you are allowing us to collect and process the data contained in the survey. Your data will be processed by inContact for the purpose of improving eBay's Customer Support service, in compliance with privacy laws.'

eBay wanted to know amongst others, my opinion on the way the review was conducted by eBay. Everything is good and fine, except this. I informed eBay.

'I agree, I missed the deadline to make a claim of a refund from the seller, through eBay. eBay cannot be wronged for this.

I think, I would rather eBay look into each issue, on its own individual merit and be flexible about the deadline, since I discovered the buckle is a counterfeit, after the deadline and also, by chance. It is not because of buyer's remorse, as alleged by the seller, mjsongin. For buyer's remorse or other reasons, the 45 days allowance is satisfactory. Surely, some forum members are disappointed and dismayed that I could not get my refund from the seller, through eBay.

I do not know, whether the seller has been ticked or not, by eBay. If not, he would carry on, listing fakes, counterfeits and what so not on eBay and many buyers, if they are not aware or the authenticity of the item would be taken for a ride.

Other than this, there is no dissatisfaction, on the way eBay conducted the review of the issue.

Thank-you'

Thank-you.
 
seamonster
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Respectable Members

As per the invaluable advice of respectable forum members, through St George Bank, Visa was contacted and a 'charge-back' complaint lodged. Visa came back and asked for all the correspondence between buyer and seller, as well as, all other relevant evidence available. All this was furnished.

Yesterday (August 26) Visa directed buyer to return the counterfeit Rolex Daytona 18k deployant buckle, to seller via registered post or any courier with tracking. Once the seller has received his returned item, 'we shall take it from there', said Visa.

Buyer informed Visa that she did not have the seller's forwarding address and was advised to get from seller. Immediately after, buyer wrote to seller.

'Dear mjsongin,

To: mjsongin

Sir

Counterfeit Rolex Daytona Deployant Buckle 18k

Kindly advise me of your forwarding address, since I am going to return to you the Rolex Daytona Deployant Buckle 18k which is found to be a counterfeit.

I thank you for your co-operation.

Thanks and regards.'

Kindly make a wild guess, as to what the response of the seller will be, bearing in mind all his allegations against buyer.

Thank-you.'
 
gatorcpa
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Respectible Member Seamonster -

I take it that you didn't save the original packaging from when the buckle was sent to you. Should have had the seller's return address.

Also, you could probably request the return address from eBay, since you now have the assurance of your credit card company.

Glad that this is going to work out for you in the end.

Take care,
gatorcpa
 
seamonster
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gatorcpa gatorcpa
Respectible Member Seamonster -

I take it that you didn't save the original packaging from when the buckle was sent to you. Should have had the seller's return address.

Also, you could probably request the return address from eBay, since you now have the assurance of your credit card company.

Glad that this is going to work out for you in the end.

Take care,
gatorcpa


Respectable Member gatorcpa

Correct, the original packing was discarded.

I shall wait for a response from seller and if he does not come back within 24 hours, I shall take your advice and contact eBay.

Without the kind assistance and advice of respectable forum members, 'charge-back' is never in my vocabulary.

Let us pray and hope, this claim is successful.

Thank-you.
 
X350 XJR
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Your claim has been successful now that VISA has instructed you to return the item, this means they have found your claim to be valid.

Since eBay is no longer involved in this, your next move, after 24-48 hours (providing the seller does not respond) should be to inform VISA that the seller has not/will not provide a return address and let them make the determination as what to do next. They may provide you with the needed address or in some situations may instruct you to send the item them.

Keep in mind the seller has been informed of VISA's decision, so hopefully they will comply and provide their address.

You've won the battle and hopefully the war as well very soon.
 
seamonster
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X350 XJR X350 XJR
Your claim has been successful now that VISA has instructed you to return the item, this means they have found your claim to be valid.

Since eBay is no longer involved in this, your next move, after 24-48 hours (providing the seller does not respond) should be to inform VISA that the seller has not/will not provide a return address and let them make the determination as what to do next. They may provide you with the needed address or in some situations may instruct you to send the item them.

Keep in mind the seller has been informed of VISA's decision, so hopefully they will comply and provide their address.

You've won the battle and hopefully the war as well very soon.

Respectable Member X350 XJR

It is good to know, God willing the claim is successful and now, I can tell my buyer-friend, I shall refund his money soon.

I shall wait for the seller's response, within the time-frame advised by you. I shall then get in touch with Visa and advise them, accordingly.

It will be interesting to see, how the seller is going to respond to my request for his forwarding address.

Without the kind advice and guidance of respectable forum members, this issue will never be resolved. I greatly appreciate.

Thank-you.
 
seamonster
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Respectable Members

The seller responded to my email but would not give me, his forwarding address.

Here is what he says.

That is not happening. I do not accept returns. The item is genuine.
I have provided to ebay dispute resolution department my documentation of its genuiness and authenicity. I have also provided them with my proof of purchase and receipt from Rolex dealer.
Ebay has rejected your claim and bullshit stories.
You are a liar and scammer. Do not contact me again. A copy of this email is being send to Ebay claims group as a final communication from me for this claim file on this subject.
- mjsongin

Thank-you.
 
X350 XJR
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Seller is confused and or ignoring the fact that this is no longer an eBay dispute.

Contact VISA and let them know the seller is not cooperative and will not provide you with a return address, let them decide how to proceed.
 
seamonster
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X350 XJR X350 XJR
Seller is confused and or ignoring the fact that this is no longer an eBay dispute.

Contact VISA and let them know the seller is not cooperative and will not provide you with a return address, let them decide how to proceed.


Respectable Member X350 XJR

Agree with your interpretation of the seller's response.

I have to deal with either a very ignorant seller or someone who has no respect for rules and regulations, unfortunately.

I shall get in touch with Visa and see what they have to say, next.

Thank-you.
 
gatorcpa
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seamonster seamonster
.I have to deal with either a very ignorant seller or someone who has no respect for rules and regulations, unfortunately.

How about both? :whipped:
gatorcpa
 
seamonster
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Respectable Members

Yesterday I received an email from the seller of the counterfeit Rolex Daytona 18k solid gold deployant buckle.

Should I just ignore it or reply to him.

"Please forward confirmation and documentation of your claim that the Rolex deplayment clasp is not genuine.

- mjsongin"

Thank-you.
 
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