Misselling problem

[ChevronB19]

Hi folks,

Long story. We bought a thing, that claimed to be ‘thing’. Having had it tested, it is not ‘real thing’ but is in fact an artificially grown ‘thing’.

We have a receipt from when we bought it, which explicitly states that it is the ‘real thing’.

For this ‘thing’, it is apparently very easy, unless you have the right analytical device, to mistake it for the ‘real thing’.

We bought from a business seller on Etsy, and paid via PayPal. It was only when Mrs wanted ‘thing’ modified that we found out it wasn’t the ‘real thing’, so outside standard T&Cs.

A registered letter has been updated by Royal Mail as ‘unable to deliver’.

No interest in ‘compo’, although as this was a ‘special thing’ it caused some upset, and as mentioned, it may have been sold in the genuine belief that it was the ‘real thing’.

It wasn’t a private to private transaction, this was to a registered business.

Any tips/thoughts?

[ChevronB19]

Sorry - autocorrect - mods, if you can, please could you change the title to ‘misselling’?

[Jeremy-75qq8]

Start with what the “ thing is “ or it is impossible to read

[Zarco]

Was it a ting?

[The Rotrex Kid]

A diamond?

[Oceanrower]

Jeremy-75qq8 said:

Start with what the “ thing is “ or it is impossible to read

Diamonds or pearl would be my guess.

[ChevronB19]

Ha, yes, it was a diamond, which subsequently turned out to be moissanite.

I didn’t buy it (at least not directly, ha). Checked out on companies house, and the company is now dissolved.

Fortunately it was low hundreds, but if anyone can suggest any options I would be grateful.

[havoc]

ChevronB19 said:

...the company is now dissolved.

...and that's it.

If you can persuade the police a crime has been committed, there is a very slim chance the directors of the now-dissolved company could be pursued.

But civil...you're out of luck, sorry...



Fraud has long been the poor-relation in policing, I wouldn't get your hopes up or throw a lot of time at it.

[ChevronB19]

havoc said:

ChevronB19 said:

...the company is now dissolved.

...and that's it.

If you can persuade the police a crime has been committed, there is a very slim chance the directors of the now-dissolved company could be pursued.

But civil...you're out of luck, sorry...



Fraud has long been the poor-relation in policing, I wouldn't get your hopes up or throw a lot of time at it.

Exactly what I suspected. I will enquire with household insurance, but not holding out much hope.

[2 sMoKiN bArReLs]

Bought with credit card?

[Robberto]

2 sMoKiN bArReLs said:

Bought with credit card?

ChevronB19 9 posts above yours said:

We We bought from a business seller on Etsy, and paid via PayPal. It was only when Mrs wanted ‘thing’ modified that we found out it wasn’t the ‘real thing’, so outside standard T&Cs.

[The Wookie]

ChevronB19 said:

Ha, yes, it was a diamond, which subsequently turned out to be moissanite.

Sorry

[QuattroDave]

The Wookie said:

ChevronB19 said:

Ha, yes, it was a diamond, which subsequently turned out to be moissanite.

Sorry

f'kall

Love that film!

[Captain_Morgan]

Sorry don’t you just raise a paypal dispute for not as described and wait for them to refund?

[havoc]

Captain_Morgan said:

Sorry don’t you just raise a paypal dispute for not as described and wait for them to refund?

Where will PayPal get the money from, even if they find in the OP's favour?

The company is dissolved. Their bank a/c is closed. I suppose it's vaguely possible a director had to give a personal guarantee, but I doubt it...

[Monkeylegend]

You need to get these guys on the job.

https://www.youtube.com/watch?v=mg6tKVdMNdM

[2 sMoKiN bArReLs]

Robberto said:

2 sMoKiN bArReLs said:

Bought with credit card?

ChevronB19 9 posts above yours said:

We We bought from a business seller on Etsy, and paid via PayPal. It was only when Mrs wanted ‘thing’ modified that we found out it wasn’t the ‘real thing’, so outside standard T&Cs.

Yes, but the credit card payment could be underneath?

[ChevronB19]

2 sMoKiN bArReLs said:

Robberto said:

2 sMoKiN bArReLs said:

Bought with credit card?

ChevronB19 9 posts above yours said:

We We bought from a business seller on Etsy, and paid via PayPal. It was only when Mrs wanted ‘thing’ modified that we found out it wasn’t the ‘real thing’, so outside standard T&Cs.

Yes, but the credit card payment could be underneath?

Checked it out. We’re out of time for chargeback, PayPal or section 72. I bought it 3 years ago, it was only when she wanted it in a different setting that we took it to a local jeweller, who, just in case, ran it through a spectrophotometer and it showed the wrong refractive index (not by far, but conclusively a moissanite).

We can’t do small claims, as this isn’t an issue of him owing me money, it more misdescription. I’ll write it off, and she still has a nice ring, but it is annoying. She’s more upset than I am.

I did find him on Facebook, messaged him, and got a reply of ‘I don’t know you’ and immediately blocked me. Lesson learned!

[2 sMoKiN bArReLs]

ChevronB19 said:

I bought it 3 years ago,

Well, that does put a different complexion on it

I doubt they carry serial numbers do they?

[Ian Geary]

ChevronB19 said:

We can’t do small claims, as this isn’t an issue of him owing me money, it more misdescription.

So what's the difference in value between a diamond and the other thing?

I would have thought a case for loss could be made?

Who against though.... which is the tricky bit, as would be enforcing any judgement.

Ian