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AIBU?

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Original poster

Have inadvertently sold a fake item and now buyer is threatening me with police

383 replies

HelpMeSoWorried · 11/09/2012 13:54

Have namechanged as I am so embarassed. And also sorry to post in here, maybe should have posted in legal, but I know there is a lot of traffic here.

I was given a Mulberry bag as a christmas present a couple of years ago and tbh I never liked it much anyway and never used it (apologies to any handbag fans). As far as I knew it was genuine and had all tags with it etc.

I had no idea what it was worth but recently did a bit of research and they are about £700 new I think. So I decided to get rid and put it on gumtree. I was inundated with enquiries and sold it to a lady last week. She was really happy with it and I got £350 for it.

She has texted me today claiming it is fake and saying she wants me to pay her back and she will return the bag if I give her my address. She doesn't know where I live as I met her in town(at her request!) but she has my name, and obviously my number.

I am very upset and shocked as I would never have sold it if I thought it was not real, I would have maybe just given it away or something. Its completely against my principles, I am an honest person :( I am sat here crying now as I am so scared.

I really needed the money, I don't want the bag back and I don't want to return the money as as far as I am concerned I sold it in good faith and she happily chose to buy it. I am not a criminal, or a scam artist, but she is threatening to report me to the police. :(

can anyone help?

OP posts:
LadySybildeChocolate · 11/09/2012 14:08

What sort of Mulberry bag was/is it?

Lolwhut · 11/09/2012 14:08

I would check with the person who bought it. Fake Mulburry's were on sale in lots of respectable shop in South Africa, they were excellent quality and of you did't know about these things you could have bought one by mistake. So they may not have known it was fake.
I would arrange to meet her where you origanally met her and as long as it is the same bag I would refund her.
I know others wouldn't but i would and I think you should.

Let us know what happens please.

eurochick · 11/09/2012 14:08

Hmmm, I'm wondering if the buyer is the scammer here. She meets you, gets a refund and then gives you a fake bag instead of the real one you sold. She gets the real bag for free.

How sure are you that the bag was real? If you are not sure, i think you should refund, but otherwise, be very careful that you are not scammed.

LineRunner · 11/09/2012 14:08

I agree that you need to speak to the person who originally gave you the bag and ask about its provenance.

I presume it was someone close to you, to give you a bag you thought was worth £700.

Don't be afraid of the Police or Trading Standards. They will actually be able to help you if you think the woman may be trying to give you a fake bag.

If your Christmas-present-giver confirms that it wasn't a genuine bag, then you should refund the money, but it might be an idea to take someone with you to witness the refund (which could be by cheque so you have a record).

LydiasMiletus · 11/09/2012 14:08

tbh OP the 'it was bought by someone I can't contact anymore sounds a bit dodgy.

Original poster
HelpMeSoWorried · 11/09/2012 14:11

So far I have said to her that I am very sorry she is not happy with the bag but that I sold it in good faith, sold as seen etc

When she bought it she spent ages inspecting it and umming and ahhing I bet it was at least 15 minutes. Which was fine with me of course, I would too if I was mad enough to be spending hundreds on a handbag. But I did say to her at the time, don't be obliged to buy it or anything, its entirely up to you etc.

OP posts:
BlackberryIce · 11/09/2012 14:12

Arrange to meet her to swap back......BUT..... Arrange to meet outside your nearest mulberry stockist. Then you can go in together to verify it.

AGiraffeOnTheDivingBoard · 11/09/2012 14:12

My Mulberry bag also given by an ex years ago and now languishing in a wardrobe came with a lot of "extras" - big boxe, dust storage bags, instructions on how to keep clean, paper work etc and if you've paid for it Mulberry leather cleaner. Did your Ex have any of those with it?

ZillionChocolate · 11/09/2012 14:13

OP, was your Ex in the habit of buying you gifts for around £700? Did the giving of the gift coincide with any foreign trips where fake goods are on sale? I'd be surprised if a partner would spend that amount of money on something you wouldn't like without giving you the option to return it. One of my male friends bought a Mulberry handbag for his girlfriend after she'd requested it, but he still gave her the receipt in case it was the wrong design.

ZillionChocolate · 11/09/2012 14:15

I don't think sold as seen counts if you've misrepresented what it is. It's not a second hand item which may/may not have some cosmetic damage. The value in it is the brand, if it's fake then that really is fundamental.

HolyParalympicGoldBatman · 11/09/2012 14:15

If you've accidentally sold a fake, you have to give her a refund and take the fake back. It's the right thing to do. It's tough if you need the money/don't want the bag back.

I would find out how she knows it's a fake though and make absolutely sure she gives you back the same one you gave her. Could be a bit of a scam.

SaggyOldClothCatPuss · 11/09/2012 14:15

Im sorry, I dont think that you can trust for one minute that she will give you the bag that you sold her, back. You handed over the bag in person, she accepted it, in person, so she was obviously happy with it at the time.
You sold the bag in good faith, and If you are convinced that the bag you sold her is genuine, then I wouldnt be giving her her money back.

Original poster
HelpMeSoWorried · 11/09/2012 14:16

Oh I could get hold of a contact number for him, but it would mean going through his work / friends / maybe find him on FB etc

oh well looks like I might have to do that......

He was a bit of a flash bugger so I would have thought it would have been real....but then if there is good fakes about then who knows Confused

OP posts:
LadySybildeChocolate · 11/09/2012 14:16

Mine wasn't boxed, but I bought it from a stockist here. It had cards inside (instructions on how to keep clean, one for name and address I think), and had a maroon dustbag with the logo on the corner. Depending on the type of bag, the logo may also be on the strap. I'm guessing it's a Bayswater? These are around the £700 mark. There's no lining on these.

LadySybildeChocolate · 11/09/2012 14:17

She did have ample chance to check it though. If she wasn't sure then she shouldn't have bought it. 'Sold as seen' so they say.

hawaiiWave · 11/09/2012 14:20

I wouldn't refund her, assuming you are honestly saying you think it was a genuine bag. She inspected it and did all the checks she needed to hand over the cash.

She's changed her mind now, maybe she doesn't like it anymore or something. I'd tell her that you won't be refunding and that you sold her a genuine bag. I wouldn't trust that she hasn't swapped the bag.

hawaiiWave · 11/09/2012 14:20

If you think you sold a fake, you should refund though.

LineRunner · 11/09/2012 14:21

So to summarise, you can't prove the bag was genuine, and you and she can't prove that the bag you sold her is the bag she wants to give back to you?

fergoose · 11/09/2012 14:21

How did she pay was it cash?

If it were me I would ask her to return it to you, and once you have checked your security marks, you will of course refund her in full.

QuintessentialShadows · 11/09/2012 14:22

Your response: "How dare you suggest that my husband gave me a fake Mulberry bag! If you want to waste police resources on proving the bag is a fake, then that is absolutely fine with me, providing you are showing them the bag I sold you, and not a fake you have dug out elsewhere."

And if she continues contacting you, report her for harassment.

However, the Flash buggers in my circle of friends, are not adverse to fake designer gear in between their genuine ones at all......

JaxTellerIsMyFriend · 11/09/2012 14:22

Mine have never came boxed, did come in dust bags with labels, care instructions and little mulberry cards inside.

I wouldnt be so quick to refund until you are sure you have the same bag you sold her back. Sounds like a scam to me Im afraid. Sad

If as you say she had plenty of time to check it over - and seems she did quite thoroughly, then it is sold as seen.

SaggyOldClothCatPuss · 11/09/2012 14:22

Its a fairly obvious scam TBH! Buy the bag, switch it, get a refund, keep the money and the real bag.
Shes only got to do that twice, and she has £1400 of bag for free!

Original poster
HelpMeSoWorried · 11/09/2012 14:23

Yeah linerunner thats about the long and short of it :(

ffs this could ONLY happen to me!!! wished I had binned the sodding ugly thing at the same time as exP now :o

OP posts:
fergoose · 11/09/2012 14:24

Can you just ignore her? What is she doing, sending you emails?

WhatYouLookingAt · 11/09/2012 14:24

You haven't answered the questions from people who are trying to help you. Hmm

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