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    • Yes, you're right - hoping they would just do the right thing I guess. So template if not a business would be    Dear   [Reference: (Your products and service)   I am writing to complain about the service you provided when [describe].   We agreed that the service would be performed on (date) However (description of what happened) It has now become apparent that the service you have provided is deficient in the following respects [describe].   Section 49 of The Consumer Rights Act 2015 requires you to carry out your service with reasonable skill and care. The problems described above show that you failed in your legal obligations. I therefore have a claim against you for breach of contract.   As a result of the incident I have suffered consequential losses, which you are liable to compensate me for. These losses are [value/details].   Section 57 of The Consumer Rights Act 2015 prohibits any terms and conditions from restricting a consumer’s rights under the Act.   Under The Consumer Rights Act 2015 remedies for breach of contract must be performed within a reasonable amount of time, without significant inconvenience to me, and whilst the company bears all necessary costs.   I therefore look forward to receiving your reply within the next 14 days.   So could it be  Letter of Claim.   **** – TTL - is claiming £541.89 from Parcel2Go.com Ltd, trading as DPD-Local-Online.co.uk  - DPDLO. This is to cover the costs of TTL having to send a replacement parcel to a customer, as a result of DPDLO refusing to provide the delivery information (courier company and local tracking number) required for TTL to refute a non-delivery claim by the customer. Parcel sent August 20 2020 and delivered August 28th 11.30am (according to DPD tracking)    The customer contacted TTL in September to confirm non-delivery. TTL contacted DPDLO to obtain their information on the shipment, and they raised a Case, and subsequently attempted to close the Case : We’re pleased to let you know that your parcel DPD4227962 has been located. This enquiry has been closed as your parcel has received new tracking events or has been delivered.   TTL asked DPDLO by email for the details behind the above – who made the delivery, where to, who to – obviously basic information needed to check the School’s claim for non-delivery, and which would be expected to be readily available from the DPDLO records.  Despite numerous repeated email requests, DPDLO consistently refused to give TTL this information, and also declined to give TTL information to enable direct contact with the local courier who actually made the delivery on behalf of DPDLO.   Without this information it was obviously impossible for TTL to refute the School’s claim for non-delivery.   Even when, Dec 2nd, DPDLO confirmed that DHL was the local courier, they declined to give TTL the DPDLO / DHL tracking number that would have enabled DHL to identify the delivery.   As a direct result of DPDLO’s refusal to provide the perfectly reasonable information requested, confirming the delivery to the School, TTL is unable to refute the School’s claim for non-delivery, and is left with the full cost of sending a replacement parcel to the School.   The detailed claim comprises AU Customs Declared Goods Value £ 425.00 and shipping £116.89 I look forward to receiving your reply within 14 days.     
    • as said before you NEVER ring a DCA or their dogs ever ..they will LIE TO YOU.   trustonline.org using your old name and address. get the CCJ numer then go ring northants bulk as advised earlier.    
    • Also I suggest you visit all of the treadmill pages on the sweatband.com website and download a copy of the page for each model and also download a copy of the instruction manual.   I suggest that you do this urgently For instance, I notice that this model https://www.sweatband.com/nordictrack-t8.9b-treadmill.html makes absolutely no references to garages on the website – but the manual at page 4, paragraph 5 is unequivocal that the treadmill must not be kept in the garage. It is expressed in far more restrictive terms than the warning which is given in the instruction manual for your model. Once again, because the instruction manual is not part of the contract, it's quite amazing that sweatband.com are completely silent on the issue of using the garage despite the very forbidding terms in the manual. I have to say this does make me slightly suspicious as to when the relevant passage for your model was added. However, we have no evidence.    
    • Clearscore Only uses data from Equifax.  Ideally you want to see all 3 reports i'd recommend checkmyfile.com 
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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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urm..

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

 

 

dx

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!!!

 

Nicki

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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.

 

Andy

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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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