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Has anyone ever sued a Seller or have them charged for selling a fake?

I bought an Omega watch on ebay. The seller claimed it was an Omega Seamaster. It wasn't working but I figured I would take a chance on it and have it repaired. I won the watch for just over $124.00. It has an 18k gold back on it and is supposed to be solid gold. I was quite excited once I opened it and air blew it out a bit and it started working. Has been keeping perfect time since. I decided to resale it but was told that if it has no 8 digit number, it is a fake. I contacted the seller and asked him if he was certain it was real and he couldn't verify that it was. He also claimed that it was over his return policy time limit and didn't want to play any games. He wasn't a bit concerned that he may have sold a fake. So, isn't this against ebay policy to sell something unless you know it is not fake? And has anyone ever laid fraud charges agains a seller or sued them for selling fake goods? Please, I know I was a sucker in buying this without knowing for sure it wasn't a fake. So don't bother sending comments stating such. But if someone out there has had any success in laying charges or suing a crooked seller, I would like to hear from you! Thanks!
Message 1 of 38
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37 REPLIES 37

Has anyone ever sued a Seller or have them charged for selling a fake?

No need to sue...

The sellers return policy has nothing to do with the ability to file a claim through Paypal.

If you paid with Paypal you can open a SNAD complaint, and you have 45 days from the time you paid.
“As a general rule, if you want to get at the truth — hear both sides and believe neither.” Josh Billings
Message 2 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

I took a look at the auction, and it states this...

"SAYS 18K ON BACK.........USE PHOTOS FOR JUDGEMENT...... "

The pictures show a marked 18K gold case that appears to be a plated case that is very worn, If you paid with Paypal, then start a SNAD, if it's too late to file a SNAD and you paid through Paypal using your credit card then call your credit card company and inquire about a chargeback.
Message 3 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

Your response was greatly appreciated. It has been almost 2 months since I purchased this watch. Never thought something that looks that vintage would be a fake. Anyway, it's not the money that upsets me as much as all these damm thieves are getting away with it. I figured if more people would band together and actually lay fraud charges against these thieves, then this practice might lessen instead of getting worse. I may still follow this route for my own satisfaction of doing my part to nail some of these people! Again, thanks for your response. It was kind of you to take the time.
Message 4 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

vintagehorologist
Thrill-Seeker
Your watch (#280518625190) is most definitely fake. Hard to believe that 14 people bid on the auction considering there are clear pictures of the watch inside and out.

I see these fake "Seamasters" frequently on eBay and they are very easy to identify: Omega has never stamped the triangular mark and .750/18K on the back of ANY model they've ever made. These hallmarks will appear on the inside of the case back of Omega watches, not the outside.
Message 5 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

Thanks for your reply. Based on what you are saying, why does ebay allow this to go on? What is their excuse? They are providing the forum for these people to sell their fake items. Again, my real question is "Has anyone ever charged these people with fraud?" It's one thing to say you can somehow get your money back, but this doesn't seem to be stopping anyone. I would certainly join forces with people like myself to perhaps file a joint action law suite against whoever, to do my part in stopping this. I, like a lot of people are not experts in everything. You would think that the law is the law and these people could be charged. Especially since they put the fake out where the experts can see they are fake. Again, thanks for sharing your expertise. Hopefully it helps us niave people who are trusting victims to these parasites.
Message 6 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

vintagehorologist
Thrill-Seeker
why does ebay allow this to go on? What is their excuse?


They don't "let this go on" by choice. There are millions of new items listed on eBay each day in tens of thousands of different categories. It would take an army of authentication experts in thousands of different categories to screen every single listing. This just isn't possible.

Just as you were fooled by this fake watch, the people of eBay Trust & Safety would also be fooled, unless they were watch experts.

If you have special knowledge of how to authenticate the millions of items added to eBay each day, let them know. The only way they've found thus far to control some of the fakes is to "deputize" a few members in each category to report suspected fakes directly. They also limit inexperienced sellers from listing in bulk in certain categories where fakes are common (e.g. luxury designer goods). Additionally, Omega and other luxury brands can have counterfeit goods instantly removed via the VeRO program.
Message 7 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

"Has anyone ever charged these people with fraud?"

The local police and prosecutors have far more serious crimes to worry about than someone being scammed on a purchase under a few hundred dollars. So your only option is small claims court.

The biggest problem is collecting the money if you win.
Message 8 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

Hi,
It is true that police have serious crimes to fight but they have several people that take care of cyber fraud. I had a case recently and my bank would not handle it until a police report was issued. I felt ridiculous but went to the police station. The officer assigned to internet crime took down all my information and tried to contact the seller by phone, no response. He then send an email to the police in the sellers town. The seller refunded my money the next day by PP. It was only 50 bucks but as the officer said fraud is fraud.
greg
Photobucket - Video and Image Hosting
Message 9 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

why does ebay allow this to go on? What is their excuse? They are providing the forum for these people to sell their fake items.

It's just a venue. Buyer beware is such an old concept that it's still living Latin, Caveat Emptor.

The seller may simply have been going by face value, though that 'gold' looks pretty iffy (as indeed it is) to the most ignorant seller.
=============================================================
af," a reduntant, uneducated, diatribe spouting fool."
Message 10 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

gunniejames
Scout
I'm on the CPU allot; on my down time i sit in my office and look through watches on ebay; in hopes to find a good deal.

i literally spot 2-5 fake watches on any given day. omega and panerai. be careful. the 17j movements; panerai; or omega; the counterfeiters have it down to a "T". just reported a seller to ebay. All them items were fake; didn't even bother to change the pics; from another site. even the background pics were the same.

http://www.ioffer.com/i/vintage-omega-seamaster-auto-date-on-6-mens-wrist-watch-162937981

take a look at that link.

ebay doesn't seem to care; but i question the buyers as well. you are talking about a 1200usd watch. and you bought for 1/10 of price. shouldn't you think for a min. and question yourself; as well?

18k gold?. just the weight in gold should be more; let alone a whole watch.

one more thing; a dead giveaway, i traveled to many parts of asia, they are all tought english, but the instructors are not "up to par" themselves. you will see people on ebay disclose their items as "mans watch" ; "mens watch".

the vintage look; a bit of "Beed blast" with whatever color mixed in, dirt whatever, will do the trick. anything cost effective, literally dirt off the ground.

only movement i have yet to see a perfect or near perfect 1;1 movement is a 3035 3135 eta.even the 1570. eta. if seen some really good copies. the rotor and bridge covers 70-80% of the internal workings,(hard to spot).

the mech 17j movement has been around forever. easy to copy. even a old ladies timex has a 17j mech movement.

but really shouldnt you question yourself, first? ask questions. do a bit of research? 18k solid gold? means .0750 gold. i assume the back plate weighs more then a nickel (5gm/lb) gold trading at 1200 (troy ounce) do the math.

sorry wasnt trying to sound harsh, but if ebay doesnt want to do anything about it; it our job to pick off these scums one by one; thats the way i see it.
Message 11 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

gunniejames
Scout
you have a 160+ feedbacks!? you should have seen the progression of the replica black market; as well as the progression of ebay; not giving 2 sh1ts.

come on, you mean to tell everyone you didnt know it was a fake? you just knew it was a good or close enough.

we would all be filthy rich, 1200usd watch for 1/10. run it directly to a pawn shop and get 4-500usd on the spot.

now i question your motives. If a "newbie" like myself can pick this out.........
Message 12 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

rholton70
Enthusiast
what do you think about the rolex watches on here i asked one of the sellers about it today he has almost a perfect rating
Message 13 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

vintagehorologist
Thrill-Seeker
what do you think about the rolex watches on here i asked one of the sellers about it today he has almost a perfect rating



,...,,!??...!,,.??!,,,,....;;....:!!?


Just thought I would lend you some punctuation marks for your future posts.
Message 14 of 38
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Has anyone ever sued a Seller or have them charged for selling a fake?

need to look at more than just the feedback

you really need to do your homework if you want to buy high end watches on eBay; know the item and know the seller, as the old saying goes; in this game you're buying the seller, too
Message 15 of 38
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