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Palmer Biggs legal action letter over selling their clients copyrighted item on ebay)


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hi everyone,

i have an problem and hoping to find a solution here.

 

I sold some items on ebay and the listing was removed by the company through ebay VERO.

 

i contacted the company who removed the listing and they told me i can't sell that item as they say its counterfeit.

 

I received a letter from pb legal solicitors after a few months asking for £550 legal cost and all the profit i made by selling these items.

 

I know someone already discussed a similar issue with the same solicitors in 2010/2011 but I don't know if that person paid the solicitors, ignored them or negotiated with them.

 

Please advise what steps i need to take to escape this problem.

 

many thanks

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Well..was the item countefeit ?

 

I cant see how the solicitors could have any legal right tio damages and why do they mention 'when sold' ?. Are they saying you should sell a counterfeit produect ?

 

Andy

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i purchased the items from a stall and realized they are counterfeit after receiving complains from buyers and eBay removing my listing. they are asking for legal cost NOW £2,000 and asking me to pay all the profit i made from the listings on eBay. I told them that I would pay partial money for the profits i made as I returned the item the the person I purchased them from at a very low price almost going in to loss.

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I think it a case of coming to a deal with this company, at an amount that you can afford to settle at. If you fail to do this, they could report you and you could face criminal prosecution. Not worth the risk. Admit your mistake and settle at an amount that shows you NO profit.

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At the time of selling these items the ebay account was not in my name and was in a close friends name but i was partially in control of the account. I am willing to pay a small amount but they are asking for £2,000 just for legal cost for sending out 2 letters. not only this they are asking for all profits I made.

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Why did you receive the letter for your friends account?

 

Where did they get your name?

 

Upon whose behalf do the solicitors state they are acting?

 

Also - unless the solicitor or someone acting with the solicitor bought the product from you, how did they get the associated account address, or determine the product was fake?

 

I suspect the £2000 is not for the two letters, but something along the lines of RLP or ACS law if you want to look them up.

 

What is the price of the genuine product, what did you pay for it, what did you sell it for, how many did you have, and how many did you sell?

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I took a look over the internet regarding this, and it seems the company gets the details of feedback posted, and your full Ebay history over the last 120 days from an internet site called Goofbay.

 

To confirm this, do searches on PB Legal/Palmer Biggs and Goofbay.

 

Might a cynic suggest that as with the ACS Law case, there was no relationship between the copyright holder and the plaintiff. As I recall ACS never won a case in court, and relied on scaring people into making payments.

 

I think I would let more of this be discussed here prior to replying again to them.

 

Well, unless of course you feel indebted to Goofbay users!

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Hi port

 

How do you know PB Legal are acting on behalf of clients? Have you got any actual proof?

 

The way this looks is that you 'innocently' sourced stock from a 'third party', sold the 'counterfeit' stock, this legal firm feel they can demand monies from you because you unwittingly sold 'counterfeit' goods. You could contact Trading Standards and report the matter yourself, if you do, do it in writing. You could also complain to the Law Society regarding PB Legal regarding their conduct in this matter, i.e. £500 to £2000. You could report PB Legal to their clients, explain that they have been reported to the Law Society for their conduct. Their is quite a lot you can do.

 

Read :- WHO COMMITS OFFENCES? in particular the last paragraph. As you've said you've refunded monies when it was bought to your attention that the stock was 'counterfeit'.

 

Here's some info:- http://www.birmingham.gov.uk/cs/Satellite?c=Page&childpagename=Housing%2FCFPageLayout&cid=1223092622698&packedargs=website%3D4&pagename=BCC%2FCommon%2FWrapper%2FCFWrapper&rendermode=%00%27

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hi bang!

i had the ebay account name changed to my name and address and i believe they got this information and contacted me later so i think they got my details from the ebay account.

the solictitors are acting on behalf of cath kidston.

 

i don't know if they purchased the product from the ebay account or someone reported to cath kidston about the lsiting so i'm not entirely sure how they got the information. or they could have been randomly checking ebay for counterfeit items.

 

I just spoke to a friend of mine today who is not a qualified solicitor but has experience in dealing with similar issues and told me not to worry and to bring the letters to him to have a look in to it. i think the solicitors are trying to scare me.

 

i had more than 100 items which include wallets and bags. I can't remember how much I sold but I did return the bags to the owner at a lower rate. I did not make much profit out of it. I think it was about £200 to £250 profit.

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hi rebel11

the solicitor sent me copies which include snapshots of my ebay account with products being sold and feedback received from buyers. they have provided me with their clients information such as address, copyright item number etc.

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At the point you bought the goods did you realise that they were probably counterfeit ?

We could do with some help from you.

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Ever reaching court is massively unlikely - as the don't have the items, and their evidence is ebay feedback. They also have no entitlement to that person posting the feedback's address. I think you said you refunded the item, so even the person who thought it fake has no longer got it.

 

You just need to ensure you don't incriminate yourself - so editing anything potentially nasty here might make sense as you know their MO of obtaining "evidence" is comments written on the internet.

 

Lastly, as you said - the account was not in your name at the time, and so in theory they should be chasing someone who has nothing to do with it.

 

But replying to them with offers etc, is just massively sticking your neck out.

 

If it happened to me, I wouldn't pay. But I would not make it easy for them either - if you see what I mean.

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