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rogue ebay seller

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c0c0miami
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rogue ebay seller

Postby c0c0miami » Mon, 30 Aug 2010 12:59 am

I purchased an item listed in ebay as
Last edited by c0c0miami on Sun, 03 Feb 2013 8:01 am, edited 1 time in total.

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Postby Mad Scientist » Mon, 30 Aug 2010 2:05 am

If this trading and transaction is done in SG, you can go to CASE or Small Claim Tribunal to settle his dispute.
On Line trading is governed by on line and fair trading act in SG too

Get all the docs and proof of purchase. You can go from there
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c0c0miami
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Postby c0c0miami » Mon, 30 Aug 2010 8:09 am

Thanks for the suggestions and highlighted the act. Will google it.
Last edited by c0c0miami on Sun, 03 Feb 2013 8:01 am, edited 1 time in total.

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x9200
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Postby x9200 » Mon, 30 Aug 2010 8:10 am

If this is very obvious that the toy is not genuine and the seller sells multiple items of it - this is my understanding, then you should report it to the police as this is an obvious fraud and trademark violation. You may get your money back this way much faster than using any kind of tribunal and also do something good for the public.

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Postby carlsum1986 » Mon, 30 Aug 2010 10:09 am

get the authorities involved and catch the crook red handed

c0c0miami
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Postby c0c0miami » Mon, 30 Aug 2010 12:07 pm

I lodge a police report on Sat 28 Aug 2010 even though the police actually said that I can choose not to lodge one. The police will not be doing anything.

The seller is only selling one unit of toy jeep from what I observe, but if I am not wrong he listed a few item that supposedly came from US.

His account has zero item now since I put a negative rating, but it is very easy for him to set up more ebay accounts to do the same trick again since there is it proven he can get away with it.

Anyone willing to give me some legal advice on how to file a proper complain to subordinate court? I am just very shocked at the seller's attitude. He did sth wrong but he is totally unrepentant. He may be doing this to many other innocent people.

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x9200
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Postby x9200 » Mon, 30 Aug 2010 12:33 pm

The tricky part with majority of such petty fraud cases is that what needs to be proven is the intention of the deception. With a single item sold by a private party it is unlikely anything can be proven and that's probably the reason why the police will not take any action.
As for the civil law approach you would need to file a claim in the mentioned Small Claims Tribunal. Filling a claim in SCT is cheap and straight forward.

http://app.subcourts.gov.sg/sct/page.aspx?pageid=3948
http://app.subcourts.gov.sg/sct/page.aspx?pageid=3946

CASE in my opinion will not support you as this is not a consumer purchase - you bought it from a private party not from a company.

c0c0miami
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Postby c0c0miami » Mon, 30 Aug 2010 1:09 pm

I can file a claim in small claims tribunal but that merely gives me some monetary conpensation isn't? Wouldn't the seller think that it is easy to cheat people and if the amount is not big enough, he can actually do this many times over and get away with it with not legal implication?

Can I have a case in criminal court? It is definately a case of cheating. I would not bid in the first place if it is not Fisher Price, and I would not bid so high if it is not stated as brand new.

How should I draft my complain to prove that it is cheating. What do I need to write for a proper case?

c0c0miami
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Postby c0c0miami » Mon, 30 Aug 2010 1:13 pm

For small claim tribunal, I will need

"Full particulars of both parties must be provided"

I dont have the sellers' real name.

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Postby x9200 » Mon, 30 Aug 2010 1:24 pm

c0c0miami wrote:Can I have a case in criminal court? It is definately a case of cheating. I would not bid in the first place if it is not Fisher Price, and I would not bid so high if it is not stated as brand new.

IMO no, for the reasons I gave in my previous post. He can always say that he was convinced it was original item and this may be true even if seems illogical or against common sense. Criminal charges may result in serious consequences and that's why it is necessary to prove beyond reasonable doubt that someone did what we think he did.
Compare: if he would be a professional seller than he is rather expected to be able to distinguish between the genuine and fake item. As an average Joe he may not know the difference.
You did not give any details on the item ... how do you know it is a fake?

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Postby x9200 » Mon, 30 Aug 2010 1:43 pm

c0c0miami wrote:For small claim tribunal, I will need

"Full particulars of both parties must be provided"

I dont have the sellers' real name.

I would contact the court registry with this question - you know his address so there should be no major problem to find this out.

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Postby ksl » Mon, 30 Aug 2010 2:08 pm

If the seller imported the item he is liable! Ignorance is not bliss, the rules are straight forward on advertising. Though he may have purchased it from the importer, he is still liable for false advertising, though you need to keep the advertisement to prove it.

Case will contact him for you the same day you join and its well worth being a member in Singapore, even if they cannot help with this case. If he has sales history on ebay, then the IRS and government will have an interest. Though a one off sale or two, they will not bother.

I think you will find he will want to settle rather than go to the small claims, as he will be prosecuted, after your case is settled by the government and that maybe painful as scamming customers is an offence. I'll bet he's not even registered for trading.

Or send him a letter just to warn him what you will do if, he doesn't return your money within a week.

Point out to him that you are going to make an example of him as he is probably not even registered with ACRA to do business and he could be caned for cheating, the IRS will want to deal with him too, that will make him sweat, Also tell him you will post a photo of his house in the paper just to warn everyone else in Singapore, that he his a cheater! he doesn't have your address so you should be okay. There are a few scumbags here just like any other place in the world.

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Postby x9200 » Mon, 30 Aug 2010 2:36 pm

Ksl, he sold like 1 item on Ebay (at least under the name) and maybe 5 more (various items) on different classified services as per his email contact. No case for ACRA and revenue authorities. He just appear to be a private seller.

c0c0miami
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Postby c0c0miami » Mon, 30 Aug 2010 4:06 pm

This is not the first time I purchase from ebay. Typically if it is a battery operated car, sellers just listed them as such - battery operated car. There are tricycles and battery operated cars and motorbikes being sold without saying they are of which brand.

The price for items such as Litte Tikes, Radio flyer and ELC fetch better price compared to unbranded. Sellers usually will state that materials is as good as Little Tikes but it is not little tike if they list something that is not the real thing.

This seller goes all the way to say that it is Fisher Price when it is not. Also, the car cant move (just found out today after charging the battery). It is a used car. Any new car will have a manual.

Seller not only list item as Fisher Price, seller actually list a specific model.

If I have a QQ Chery, why would I be so confident that it is a BMW 1 Series Convertible launched 2007, direct import from Germany? and also, folks, nothing wrong with my brand new BM, it is just that I am moving back to Timbuktu. Bid confidently.

Seller actually knew he is doing something wrong as he tried to convince me to transfer money before seeing the item.

S/He sms something very interesting after sale..My daughter doesnt like the jeep, she ride it once and we dnt allow other kids ride her jeep. Seller also revealed item was bought in Toyrus after sales.

If one bought a toy in US toyrus and the daughter did not like it, would he import it in Singapore and sell it?

To me, with the facts I have, I know this couple had the intention to misled to get more money for an old nonfunctional toy. Maybe they celebrate their ingenuity for cheating someone, and getting away with it.

Anyway, if anyone out there wants the toy, feel free to take it away free. It is an eyesore. I live in the East.

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Postby Mad Scientist » Mon, 30 Aug 2010 4:34 pm

OK OP, you are appalled, disgusted and furious as you have been had.
What do you want to do ? Report to police or Case or what ??

There is one thing I learn while living half of my life in SG, do not take things for granted. This is not like UK , OZ or even NZ whereby gentleman agreement do prevail. Go to trademe.co.nz is one example. Kiwis trading among Kiwis and they will slam dunk you if you misled the auction. Generally quite honest.
I would certainly do all my best to get this scum bag and make sure he does not do this again.
No point crying over spill milk, go and recover what is yours is the way to go.
The positive thinker sees the invisible, feels the intangible, and achieves the impossible.Yahoo !!!


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