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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:
BettySwollocksandaCrustyRack · 11/09/2012 15:35

The genuine fakes in turkey are fab...I have some great jeans from there. I especially love the way they are labelled genuine fakes

LaurieFairyCake · 11/09/2012 15:36

There is no official Mulberry outlet apart from mulberry.com - all bags on other sites are fakes (apart from the ones from well known stores,Johnny Looloo, Liberty, NetaPOrter)

Hullygully · 11/09/2012 15:36

Mine actually was a Mulberry bag

Pagwatch · 11/09/2012 15:37

Possibly one cheek higher than the other. And wider. And actually closer to the floor.

ErikNorseman · 11/09/2012 15:37

The thing is - if she's a scammer then it's a big risk, and she's not a very good one! She has no contact details for the OP so what recourse does she have? It seems to me that both OP and buyer were a bit naive. OP because she didn't note down serial number etc, and buyer because she has no contact details for seller. If Buyer genuinely believes she has a fake (whether bag is fake or not) she has nowhere to go with this. I would never buy anything expensive like this through gumtree - on ebay you have protection via paypal. But then that leads me to think scam...but it's not a very good one! What will she do if OP just refuses to meet her? Confused

DreamingofSummer · 11/09/2012 15:37

This sounds like a con to me. Let her take whatever action she thinks fit. Only when the court papers arise will you have to do anything. The way things stand now, she has to make all the running

BettySwollocksandaCrustyRack · 11/09/2012 15:37

NO, she didn't - that has not been proved. All that is known is that she sold something believing it to be real and some fool has checked it and purchased it from a stranger

Yes, thats true....I am looking from it at the POV that the bag is def a fake but no, we dont know that for sure.

Tricky! I wonder if the ex would admit to buying a fake?? Who knows!

oreocrumbs · 11/09/2012 15:37

Can you ask her for the serial number - to check she hasn't switched bags, and if she is not being a scammer and gives you the number, then email Mulberry, and ask for confirmation from them.

They should have a record of that, saying what colour, design etc the bag with that serial number is.

Would your exH have used a joint bank account when he bought the bag? if so and you are/were joint named on the account, you should be able to request old bank statements and you can check if a payment of that amount was paid at around that time.

Pagwatch · 11/09/2012 15:38

My brother bought a fake leather jacket in Italy. It smelt odd. Like cat wee and pear drops.

Hullygully · 11/09/2012 15:38

A granny sort of smell then?

BettySwollocksandaCrustyRack · 11/09/2012 15:39

My brother in law managed to buy fake cigarettes in a Turkish market...I never knew such a thing existed.

They looked like the real thing but smelt and tasted of camel piss!

Hullygully · 11/09/2012 15:39

YOU AGEIST barstard

Toughasoldboots · 11/09/2012 15:39

This reply has been deleted

Message withdrawn at poster's request.

Pagwatch · 11/09/2012 15:40

Yes. 25 and smelling like granny. It was quite the aphrodisiac apparently

Pagwatch · 11/09/2012 15:41

I am ageist. I am a bit of a cow.
[sadface]

mayorquimby · 11/09/2012 15:42

If the bag is fake (I know it's an IF) then caveat emptor/ bought as seen doesn't really work when the op has made an explicit statement of the bags authenticity.
As far as civil goes she could be sued under contract law for breach of contract on the basis of misrepresentation if the woman has a way of tracking her down (which seeing as she appears to have phone # or e-mail shouldn't be too hard).

I think that you should take all steps possible to verify the bag is genuine and I don't think that your awkwardness or discomfort of having to contact an ex trumps a potentially innocent party having a right to not be ripped off to the tune of $350.

aslo "I'm an honest person.." doesn't exactly dove-tail with "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."

nickelcognito · 11/09/2012 15:44

it's a very tough choice - she has accepted the bag.

if she's now telling you it's fake, she could give you back a fake bag that isn't the one you sold.

you have to find the pictures you took.

ErikNorseman · 11/09/2012 15:44

Did you manage to find the pics through gumtree?

Hullygully · 11/09/2012 15:44

what mayor said.

Trades descriptions an all

And ignorance is no defence. You saying you thought it was real won't wash I'm afraid,.

LaurieFairyCake · 11/09/2012 15:45

Sure mayor, that's true - but I wonder what would happen if the OP brought evidence in the small claims court that said the serial number was different (a photo) - I think even evidence that this is a common-ish scam would be enough.

I'm guessing the judge would say that it was the responsibility of the buyer to check.

LaurieFairyCake · 11/09/2012 15:46

in oder for it to be 'trades description' - you'd have to trade (be a shop of some sort) surely Wink

I don't remember all those blokes down the pub in the 70's being sued for something that wasn't a gold chain Grin

Pagwatch · 11/09/2012 15:50

I agree with Mayor.
I also want to point out that op said she was skint but has at least £350

AKissIsNotAContract · 11/09/2012 15:50

The fakes are easy to spot, and you said she spent 15 minutes looking at it before she bought it. I reckon your bag is real because of your answers about what it came with/serial number etc.

ladymuckbeth · 11/09/2012 15:51

Can't believe all the animosity toward the buyer!

To be honest OP it's a bit odd that you can't contact the person who bought it for you and have no photographic evidence of the bag etc etc. Did you routinely accept such high value gifts without thinking twice, and then just leave it sitting in the cupboard? Hate to sound harsh (although people aren't hesitating to be harsh towards the buyer) but it doesn't all add up to me. My husband is generous but I'd fall off my chair if he splashed out that sort of cash on me - and would insist we exchange it if I thought it was going to end up lying in my wardrobe!

BettySwollocksandaCrustyRack · 11/09/2012 15:51

Yep, another crawly arse totally agreeing with Mayor

Some fakes these days are bloody good!