Please Help!! :( Company threaten legal action for me selling their brand on eBay

[Guest Cartaphilus]

I hope I have not been too inquisitive but as I said to you earlier ... it's easier to give as much information as possible from the start so I jogged you along a little with my questions because of it being a legal matter which needed to be tended to very quickly on the face of it. I hope you can sort this all out.

ike Elsa said, and maybe attaching a mini sales recored (not including customers names , addresses etc), just how much i bought the item for, how much it sold,

Yes, that letter is very good and says what you need to tell them. You now have some very good tools with which to do so.

 

Edited - now I realized why the screen was all scrunched down the middle, I couldn't see the edit buttons ... I can now edit things.

[sam_a86]

Good luck with it Sam. You will come back and let us know how you get on won't you?

 

kind regards,

 

Elsa x

 

Yes, this is the plan, I will construct a letter to them today, send it off tomorrow, and await a reply, i will update you guys with any new information I receive, thanks for your help everyone who posted, its been much appreciated.

 

Sam

[Guest Cartaphilus]

Hmm, polo tops back in fashion? Think I also found the source of your present problem as well ... And where this all originated, as I said it's in the public domain ... and you have used an Ebay ID on here. So I went to check on a few things. Someone left feedback openly stating it, in fact.

 

Anyway, do let us know how all this goes because I am very fascinated in how all this turns out.

Edited September 26, 2010 by Cartaphilus

[sam_a86]

Hmm, polo tops back in fashion? Think I also found the source of your present problem as well ... And where this all originated, as I said it's in the public domain ... and you have used an Ebay ID on here. So I went to check on a few things. Someone left feedback openly stating it, in fact.

 

Anyway, do let us know how all this goes because I am very fascinated in how all this turns out.

 

My ebay id is not the same one as here,

 

maybe just a coincidence someone has the same one i guess? lol

[Guest Cartaphilus]

Maybe. It's Ebay Myworld. I actually came across it randomly, being as I use Ebay myself. But it did turn up the problem you are having now and how/why something was reported.

 

Hope you get all this sorted out. Bye for now.

Edited September 26, 2010 by Cartaphilus

[MARTIN3030]

Have a read here;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?225323-Copyright-problem-I-got-a-letter-from-a-lawyer&highlight=ebay+counterfeit+claim

[sam_a86]

Thanks for the link Martin3030, if only he would have posted updates as to what happened at the end of his situation. as it is very similar to my situation.

[MARTIN3030]

Yes I was thinking that.

I will see if I can contact him/her and see how it panned out.

[MARTIN3030]

Ok have emailed the OP to ask.

Though its last year since they was here-hopefully they will reply.

[IdaInFife]

just google ebay and vero..........

 

You will find hundreds of these letters are sent.

[My Real Name]

Common sense tells me selling branded items without a licence from the company to do so is in breach of trading standards etc, and I suspect ignorance of whether they are counterfeit or not would not be an acceptable defence.

Is there no doctrine of first sale? If I buy an item, it's mine to do with as I please.

[Guest Cartaphilus]

Cor blimey ... So it does. I was going to say I didn't believe you ... until I did some research of my own.

 

Or maybe they just have an office in that same building, maybe? So I now wonder how it is they are taking a case to the high court, London if there is anything wrong'. I do take what you say, albeit now with earplugs in and wondering if I need a translator of some kind but ... Well, the OP never got back to us with any updates, so let's wait and see what gets reported next.

[perplexity]

Is there no doctrine of first sale? If I buy an item, it's mine to do with as I please.

 

 

When an item is purchased legitimately it's yours to do as you please but there is no right to purchase counterfeit or stolen goods and the United Kingdom lets the buyers off lightly.

 

The purchase of counterfeit goods in France is liable to a maximum fine of 300,000 Euro, or three years in jail

 

[Guest Cartaphilus]

When an item is purchased legitimately it's yours to do as you please but there is no right to purchase counterfeit or stolen goods and the United Kingdom lets the buyers off lightly.

 

Precisely. Not much more to be said.

[carny]

Hi Sam,

 

I now have the same problem, i have also recieved a letter from the company. Can you please let me know how you resolved the situation? if you managed to?

 

Thanks in advance

[vwcr]

Hi guys just noticed this thread so thought i would reply with my info on this.

 

I have recieved this letter plus many others off this company stating the same thing, i sold 4 polo shirts on ebay months back to which these people claim there fake... i for one had no idea of these and when i first got the letter freaked out. i tried the approach of explaining myself etc but they didnt want to know. So i have since taken legal advice to be told be a solicitor that its a bogus letter but double check with trading standards. Trading standards told me its sounds like a fake and if i was selling fake goods i would have the police and trading standards knocking on my door not solicitors sending letters...

 

The last three letters off this so called company all have said its my last time to sign and send the money before they take it further and to be honest they are looking desperate now. I read this thread and spoke to many people and have come to terms with the fact this is a fake and should be ingnored. Saying that if someone wants to take me to court for 4 polo shirts they can and i would probably be fined no more than the £500. Trading standards told me that they would be crazy to take someone to court because it will still cost them even if they was to win.

 

Hope this helps

[perplexity]

 

On the assumption that the letters the "so called company" sends are bogus, I surmise that the police and trading standards knocked at their door, so what became of that?

 

The perpetration of a fake is a criminal offence so should be prosecuted, not ignored.

 

[kgen12]

Hi, I have had a similar letter, and going into it blindly i paid up £250.00. Signed the letter, stating i believed the items to be genuine at the time of my buying them from a supplier. agreed that i wouldnt sell that brand of items again on ebay. shamefully now that i read this form i feel apolled and robbed out of my own packets for believing that it was going to end up in court if i didnt do anything.. So far no more replys from this palm soc firm..

[mackem2010]

Hmmm I see. Real conundrum.

In any event I wouldn't do or sign anything without verifying their validity with the brand company.

 

Maybe a letter stating something on the lines of:

 

Dear Sirs,

I was shocked to receive your letter as I never have and never would knowingly sell counterfeit goods on Ebay or elsewhere and without making further enquires cannot acknowledge that I have done so.

Items I have sold recently were a one off purchase from a warehouse who sold them as authentic goods, which I had no reason to disbelieve. I have retained the invoice (delete if incorrect).

The sales were a one off attempt to raise funds to pay essential bills, as I am a student on a very low income.

In view of your letter I have not and will not offer any more of these items for sale as requested.

While I am not aware of having done anything wrong, I am nonetheless anxious to be co-operative. Obviously I am not in a financial position to make any payments and in any event I feel that I would need to seek further verification of your claim by contacting (the original company) and take legal advice before signing any documents.

 

As I believed the items to be authentic, if they were proved to be otherwise I hope in the circumstances you will overlook this as a genuine error and will advise me within 7 days that this is the case.

Alternatively I request that you confirm that you are willing to give me 28 days from receipt of this letter to allow me time to make enquiries with the wholesalers, (original company) and to consult a Solicitor.

If I receive no response from you within 28 days I will assume that the matter is closed.

yours faithfully etc

 

Just a thought, in order to cover all possibilities. If it's a [problem], they'll scarper, if it's not they might barter for the wholesalers ID in return for not demanding recompense.

What do others think?

 

Elsa x

 

Hi

 

I just received a very similar letter from a solictor, and have drafted a letter as follows:

 

Dear Sirs,

I was shocked to receive your letter as I never have and never would knowingly sell counterfeit goods on eBay or elsewhere and without making further enquires cannot acknowledge that I have done so.

Items I have sold recently were a one off purchase from a warehouse who I believe sold them as authentic goods, and I had no reason to believe otherwise.

The sales were a one off attempt to raise funds to pay essential bills, due to financial difficulties recently encountered by a low income.

In view of your letter I have not and will not offer any more of these items for sale as requested.

While I am not aware of having done anything wrong, I am nonetheless anxious to be co-operative.

Obviously I am not in a financial position to make any payments, and in any event I feel that I would need to seek further verification of your claim by contacting the XXX companies and seek legal advice before signing any documents.

 

As I believed the items to be authentic, if they were proved to be otherwise I hope in the circumstances you will overlook this as a genuine error, and will advise me within 7 days that this is the case.

Alternatively I request that you confirm that you are willing to allow me 28 days from receipt of this letter to allow me time to make further enquiries with the wholesalers, the XXX company and to consult a Solicitor.

If I receive no response from you within 28 days I will assume that the matter is closed. For your information I have enclosed details of the source of the questioned items, and the volumes purchased and sold.

Yours faithfully,

Would this be considered the best approach?

[perplexity]

Assuming that the goods in question are counterfeit, if your defence is that you were deliberately misinformed, innocently persuaded to believe that the goods were genuine, your duty is to report the offence to an enforcement authority, to prosecute the original supplier.

 

With the supplier convicted of the offence of misleading, you'd be off the hook. In the mean time, for as long as nothing is done toward that end, you're conspiring.

 

It is not of itself a valid defence to say that that you believed a supplier, so were not aware. To successfully defend yourself the need is to show that everything possible was done to avoid the possibility that the goods were counterfeit, to demonstrate a due diligence, which is not so easy if the stuff was available at below the going rate for the genuine article.

 

8-)

[mackem2010]

Any more advice, or anyone know how the OP got on?

[perplexity]

Seems that all these letetrs are fake as TS and police would be involved first.

 

 

Nonsense!

 

Except that the letters are legitimate and genuine the Police or Trading Standards would not only be involved by now, the sender of the letters would by now be convicted of the offence and the fact would then be announced for all to see.

 

Removed by Site Team

[mackem2010]

 

Nonsense!

 

Except that the letters are legitimate and genuine the Police or Trading Standards would not only be involved by now, the sender of the letters would by now be convicted of the offence and the fact would then be announced for all to see.

 

Removed By Site Team

 

Whilst others just act morally right continuously without care or concern of personal circumstances. I have been sent a letter which is not even signed by a "person" just the company, and whilst it may be legitimate I question as to whether there actions are truly that.

 

I am here seeking advice on how to proceed, not how to escape. The letter I posted is an accurate description of events, and includes me sending 90% of the data for which they have requested, however it I am not in the financial position to pay anyone, let alone, what could potentially be a [problem]. I would expect that official documents from a Solicitor to at least be signed by a human being.

 

There is a stunning lack of accountability in the letter.

 

There is no level of wanting to escape on my part, more the point that I was genuinely desperate and naive at the time, and the quantities being spoken about are 20 items, not 20 crates. Whilst I realise that irrespective of quantities it's me who is in the wrong, despite not knowingly acting as accusations imply within the letter.

[Surfer01]

You never seem to have anything constructive to say and even argue the point when you are clearly in the wrong. I just hope that no one takes you seriously and also thinks you are the joker on the forum!

[perplexity]

This, posted 42 days ago, was perfectly constructive:

 

 

On the assumption that the letters the "so called company" sends are bogus, I surmise that the police and trading standards knocked at their door, so what became of that?

 

The perpetration of a fake is a criminal offence so should be prosecuted, not ignored.

 

 

 

The constructive follow up would be to tell us what the result of the Police investigation was.

 

8)