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    • investigating the assignment is not needed.   there is no agreement there just pages of T&C that can be downloaded from anywhere including this site or hoists filing cabinet. for those to BE a compliant Agreement there must be an online signup box with a tick in it there also needs to be your printed name and  the time and date  and the IP address of the PC used. these are fatal to their claim   there is NO DEFAULT NOTICE, that is FATAL to their claim.   plenty of examples of a defendants (your) WS's here already with exactly the above problems re T&C's and DN.   the above is what you want you've already sent your defence, it was wrong. not SB'd. so get a WS together that encompasses the above and rips their crap paperwork apart and point to how important the lack of Default notice is to enforcement.
    • Many car dealers have multiple company’s and partnerships. Buy their stock using one company name, so all their cars have auction invoices in that name etc. Then sell the cars using another, different company name. The aggrieved buyer ‘wins’ court case and gets judgement against them/CCJ, pays for the bailiffs to go in, bailiffs find all the stock belongs to a different company than the one on the CCJ. And you are pretty much dead in the water.   I know this because I personally know others who do it themselves. Also, this exact thing happened to me. I left a car (that was worth several thousand pounds at trade price alone) at a largish garage for repair. Never saw the car again, with the scenario in the paragraph above as the rest of the tale.   The ‘people’ behind this place in Burnley do this kind of thing in their sleep. It’s an effective business model for them. The CRA 2015 sounds great when read. But in practice all one has to do is wind the company up and set another up using your wife’s name etc. and you are home free. A licence to rip people off. I remember in ‘15 reading the CRA and everyone ringing each other complaining how strict it was etc. Looking back I can’t believe it!   I just can’t believe folk give these people tens of thousands of pounds before checking them out properly. Many garages write their own AT reviews. I despise scumbags in the motor trade because I am lumped in their with them.    Sorry OP, you should follow Bankfodders excellent advice but I have been down that road myself with the results I described. I guess it’s all you can do? Good luck 🤞     
    • What do you guys think of below? Do I need to add anything else?   Thanks     Hello again, kids   Lesson time!   Thanks for wasting your pennies and sending me letter before claim. I understand you think I owe you something. Looking forward to playing this game. Guess who will win?   You can forget to think I have any interest to pay the imaginary sum of £100 for your poor explanation behind the ludicrous claim.   I hope you are aware that you do not even have planning permission for the poor signage on this site and the silly ANPR camera.   Looking forward to hearing from you no more.   Best wishes   Santa
    • Hello! I hope this is alright, it's my first time posting in here but I am hoping to seek some advice.    I have the iPhone XS Max and I am on a 3 year contract with O2. I have had the phone since the 9th September 2019   on September 14th 2020 just over a year old I started to experience a common technical fault with the phone known as 'ghost touch' where the interface acts as if someone is using the phone without touching it, Apple are aware of the issue and were offering free repairs but for the XR only not the XS.   They refused to fix it for free as the phone was 5 days out of the 1 year manufacturing warranty and expected me to pay £300+ to fix something that the genius appointment diagnosed as a technical fault and not down to negligence on my behalf.   O2 said the same thing, I went back and forth between the companies telling me to contact the other party. After a few days of leaving the phone off I turned it back on and it was working perfectly fine so I thought maybe it was due to an update or something so thought nothing of it.   Yesterday it began to happen again, but this time the display flickers and rang the emergency services without me touching anything (I was mortified). I managed to use my mum's phone to video what it was doing before I turned it off, it was letting off loads of bright light and it was like strobe lighting. I sent the video to Apple and they said I have to speak to the phone provider.   After spending almost 2 hours on hold to O2 they said I need to send it off for repair to see what is wrong with it but they said that due to it being out of the warranty that I will have to pay to fix it even though it is down to a manufacturing issue. I asked about claiming my consumer rights and they said that if I wanted to do that I would have to prove that the phone was faulty when I first started the contract.   I am lost on how to resolve this and I cannot afford to fix this issue, I would be more understanding if I had smashed the screen etc but I refuse to pay for something that they all know is down to an internal manufacturing issue. I still have another 2 years left to pay off the phone!!   Thanks in advance 
    • yes there are digital receipts for an amount but not enough to cover the total being claimed yes the CPR31:14 was sent 29/10/2020 yes the SAR was sent 19/10/2020 No to letter of claim   thank you
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Ebay Help p- legal advice required? Copyright infringement ???

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Hi, can anyone help me ?


A few weeks ago i bought in good faith a designer branded item from a local sunday market as a present for my partner,

i will admit, it was cheaper than in shops which is why i bought it, who wouldnt ? it looked the business.



as was the case, the present wasnt appreciated and i didnt want it so i put it up for auction on ebay.

I described the item as it was, and the auction went on line with a starting bid price of 1 penny,

after 2 days i received notification from ebay that they had withdrawn the item from sale as it infringed upon copyright.



Why did they let me place the item on there to start with ?

The item was taken off sale and it has since just been stored away in a cupboard in my house.



I have just returned back off holiday and i had an email from Hamlins solicitors advising me that their client (the designer) found the item i had put up for sale infringed upon their copyright and intellectual rights.



They have since sent me a letter explaining the trades description act and have sent me a form of undertakings asking me to provide details of who i have sold these items to, wholesalers, suppliers asked me to return these items to them.



they aslo claim that upon signing this form i shall be responsible not only for damages, or at my election, an account of profits made from my "illegal activities" but also for their resonable legal costs including costs of investigation and contacting obtaining identification details and removing items from ebay, incurred in connection with this matter to date which i am supposed to acknowledge is currently in the region of £750, and if its proceeds further they may seek further undertakings to recover any costs that exceed this amount ?


I have not sold this item, it was removed from sale and i will never ever put anything on ebay again,

it has frightened the life out of me,



Can anyone advise if they experienced similar and offer any advice on what i should do next ?


Please help! ??

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On the basis of general criminal law principles, if you genuinely believed the item was genuine when you listed it, you should have a defense of mistake.

Please note nothing I say constitutes legal advice.

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not to sure on the legal side of things, but it appears to me this was an innocent but foolish thing to do.

i would write them a letter detailing exactly what you have here & p'haps also a copy of you ebay activity page.

i think it will become obvious to them this is not a bigtime catch they have!

i can see you side & also theirs, fake stuff was/is a very big problem.


my 2p




please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Firstly don't sign anything.


I would start with e-bay & ask them why they have supplied your personal data to a third party without your permission.


Not too sure regarding the solicitors.Perhaps at some stage an explanation stating that you were merely offering an unwanted gift & mentioning where you had purchased it from (in good faith).


I presume it was offered under the designer label?

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Yes, i listed the item describing exactly what is was and who it was made by also including a photo showing what the item was.



Firstly don't sign anything.


I would start with e-bay & ask them why they have supplied your personal data to a third party without your permission.


Not too sure regarding the solicitors.Perhaps at some stage an explanation stating that you were merely offering an unwanted gift & mentioning where you had purchased it from (in good faith).


I presume it was offered under the designer label?

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they say in the letter that unless i return the signed form of undertakings that they will take further action relating to my criminal activities.



. but the form is worded to say that i agree to their costs of £750,



i cant affors that ?!



at most i would arrnage to send them the item i had for sale,





even tho i would be out of pocket. Learnt my lesson ??? for sure!!!

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I would be inclined to write to the solicitors informing them that you cannot discuss the matter with them until they can prove beyond reasonable doubt that the item in question was fake. They wont be able to do this off a couple of photos I wouldnt have thought.

7 years in retail customer service


Expertise in letting and rental law for 6 years


By trade - I'm an IT engineer working in the housing sector.


Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.


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  • 3 years later...

Please can you tell me how your incident was resolved.



I ahve had a similar issue occur. I



advertised a perfume on eBay which I bought from an airshow

Ebay removed it and then and yesterday received and email from a German Lawyers

saying the had to send back a Cease and Desist declaration,



the names and addresses of the people I bought it off,

along with £1,150 legal fees!!!!



I don't have that sort of money!



They have said that if I do not send it they are taking me to court for 50,000 euros!

Over a poxy bottle of perfume which is still sealed in its box!!!!


Im petrified!!! Anyone with any help or advice - it would b greatley appreciated!!!



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Sounds worrying I agree.


There seems to be a crossover of criminal and civil law here, its not upto an individual to start criminal action against you, that is the job of the Police/CPS and possibly trading standards, it would appear that it would be quite unlikely in this case, and as pointed out you would have a good defence anyway.


As for a civil claim, this would in theory be possible, although it would be quite hard for the company to prove a loss and even if they did it would be unlikely to be above £5000, so any claim would be on the small track and thus costs would be very limited and nowehere near the £1150+ they quote.


I would get some further advice before sending it them.



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Copyright infrimgement cases on goods sold at Car boots etc are usually bought by Trading standards.

If you recieve a letter from solicitors dont sign their forms but send them a letter saying that you purchsed the goods in good faith from XYZ.



However if it could be shown that you were advertising more than 1 item they may come to the conclusion that you are selling counterfeit goods.



If the letter dosnt work (and it should) then you may have to take legal advice as copyright infringement cases are complex but If what you are saying is correct it is unlikely to go any further.



However copyright under the copyrights designs and Patents Act 1998 only applies to certain items such as musical works, books,films etc once the original idea has been put into a fixed medium written or recorded.



Perfume, handbags, clothes etc are patented and their are harsh penalties for selling them as genuine but in general cases are usually only bought against those who are selling multiple items and is generally a civil claim for damages/loss.

Edited by assisted blonde
hadnt finished and pressed submit by mistake

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Personally I'd ignore the letter, probably just fishing for money. They can't tell if the item is fake from photo's (if indeed it is)


Indeed..thats why I certainly wouldnt send them the item.


I'd ignore.

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Actually a company can usually have a good idea if somthing is a fake from a photo its the little things that they notice.


But it doesnt actually matter what the company thinks, if they decided to pursue the issue through a court (which ultimately they would have to do to have any real prospect of success) they'd have to satisfy a judge.

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me - i would ignore ignore and ignore


this is quite common i was looking for the other threads on this but they seem to far back in history to upload


it seems if you do communicate then they bomard you with threads and offers of paying half the costs they originally quoted etc.


as Mr Shed stated they would have to have proof you are flogging fake gear

1. you didn't cause it was removed

2. how can they prove it is fake or not!

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sadly ebay are idiots in cases of copyright.

there are way too many cases of companies that hold no connection to an item filing claims of infringement and ebay simply accepting their claim without checking if its true,



ebay will then state its up to you the seller to prove the other party is incorrect ,

which is in most cases impossible for the normal person.

and then they will say (ebay) they even when you have given proof,

its up to the company that sent the claim to say they were wrong.

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