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What to do when you receive bootleg videos?
Carol Haynes:
I am pretty sure she is engaging in selling fake videos deliberately.
The video set I ordered is very rare (you rarely even see them on eBay) but in the last two weeks she has been selling three separate sets of these videos plus she offered to replace my 'faulty' copy.
I had a response this morning through PayPal saying that she wants me to return the tapes (at my expense) before she will make a refund. I have now escalated it to a full claim under PayPal's guarantee system. They may well require proof that the tapes are bootlegs so I don't want to send them back until there is a resolution - and she can damn well pay the postage.
If I have to get written proof that the tapes are fake anyone any idea who I can get to authenticate them and write a statement for PayPal. Presumably the police can do it but I can't think who else to ask given that VHS tapes have pretty much disappeared from the marketplace?
MikeMcLoughlin:
Just out of interest and say if it's none of my business - I was curious as to what the series was?
app103:
This is from the updated policy of Paypal, effective May 7, 2008:
(3) Section 9.1(d) Restricted Activities is being amended to add a restriction against using your PayPal account to sell counterfeit items.
(4) Section 10.7 Attorneys' Fees for Acceptable Use Policy Litigation/Arbitration is being deleted. The following language is being deleted:
"If either you or PayPal commence litigation or arbitration in connection with a fine or other action taken related to our Acceptable Use Policy, the prevailing party will be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may be entitled."
(5) Section 13.7 (b) is being amended to add the following language:
"If a buyer files a Claim for Significantly Not as Described and alleges that an item is counterfeit, PayPal may require the buyer and seller to provide affidavits and other evidence to support their positions. PayPal shall make the final determination whether to grant the buyer's claim based on the provided evidence, as well as third party evidence and evaluations. If PayPal grants the buyer's claim, the buyer must ship the item to PayPal or a third party (as directed by PayPal). PayPal, in its discretion, may require the buyer or the seller to pay for the return shipping costs. Once the item has been received by PayPal or the third party, the seller must refund the transaction amounts (including the original shipping costs) to the buyer. If PayPal grants the buyer's claim, the seller may not receive the item back."
--- End quote ---
Just do what paypal orders you to do, not what the seller suggests.
Do not have any further communication with the seller....only ebay & paypal.
Under no circumstances are you to ship the item back to the seller unless ORDERED by ebay or paypal, whether it is at your expense or not. Make sure it is an order and not merely a suggestion.
Do not hire any type of 'expert' unless you are told to by paypal or ebay. If you need to find your own expert, the police station would be a great place to start looking. They could either confirm what you have stated and agree with it after a quick examination of the packaging, of it is that obvious that it is a fake, or suggest where/who can. Customs agents are usually pretty good at spotting fakes too, since they are trained for that stuff. Find one that is not a young kid, that has never seen a commercially released VHS tape before.
Make sure if you have to hire an expert, to put in a claim for that expense to be refunded to you, as well. Ordering merchandise shouldn't have to cost you a small fortune to get a refund from paypal, when the seller was committing an act of fraud and should be charged with all your expenses.
Carol Haynes:
Just out of interest and say if it's none of my business - I was curious as to what the series was?
-MikeMcLoughlin (May 15, 2008, 05:35 AM)
--- End quote ---
"Dear John" the UK version ... long out of print. Was due to be released on DVD but then withdrawn before release. Just a favourite comedy of the time.
Just do what paypal orders you to do, not what the seller suggests.
Do not have any further communication with the seller....only ebay & paypal.
Under no circumstances are you to ship the item back to the seller unless ORDERED by ebay or paypal, whether it is at your expense or not. Make sure it is an order and not merely a suggestion.
-app103 (May 15, 2008, 06:10 AM)
--- End quote ---
This is the problem I have now. The seller has responded to my PayPal claim saying she will issue a full refund if I return the tapes at my expense. Without any sort of investigation PayPal are now telling me that I should return the items using a trackable courier (expensive) and then I will have no proof that it was a bootleg. Why should I incur the costs to return illegal goods anyway?
The disputes panel on PayPal won't let me send any further messages - only the return shipping details.
I have now emailed PayPal and eBay customer services with my concerns and also quoted the claim reference.
At the moment I am tempted to bear the loss for the moment and simply report the whole thing to the police and possibly issue a lawsuit in the small claims court to recover the money.
cranioscopical:
One might have hoped for a more responsible reaction to suspect product.
It'll be interesting to see what you get back from PayPal/eBay customer services.
If PayPal/eBay won't run with the ball I'd be inclined to let the matter lie,
however uncomfortable that feels.
Watch out or you're going to be embroiled in a time- and money-wasting crusade.
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