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    • Claimants do not use witnesses to present the case.....counsel are not witnesses to the claim.    The receipt of Lowells DQ is not confirmed precedence of the claim.....check the status of the claim on MCOL and see if it states DQs sent out.
    • It also says that claimant has 28 days after receiving a copy of defence to inform court if they wish to proceed. I dont have a date but would assume that they received their DQ after I filled my defence and that they issued me a copy dated 6th Jan, so roughly speaking they have 28 days from 6th Jan to inform court.
    • Husband and I have finally saved deposit to buy our house and seen a house we like so I checked my credit reports before we give the mortgage broker the thumbs up!    I knew something would come and bite me on the bum!    I had an overdraft with lloyds which I have not accessed since 2013. They have sold to Arrow Global who have put a big fat default on my account. It shows on my transunion credit report as pasted below. Defaulting in April 2020.     I did not change my old address with them. I am unsure how to approach this as cannot be sure it is statute barred as it is an overdraft (even though I have not touched it, acknowledged it since 2013). The default date shown is Nov 2015 but not reflected in the way Arrow Global are sticking the defaults on. Should I send a 'statute barred' or 'prove it' letter? Should I dispute with the credit reference agency? I am unsure!    I would like the default off the account the quickest way possible to have a clean credit report!      OVERVIEW   Account type Current Account   Status Default   Account number     Last updated 2020   Start date  2008     PAYMENT INFORMATION   Opening balance £1,199   Repayment frequency Monthly   Date of default Nov 2015   Promotional rate No     PAYMENT HISTORY     J F M A M J J A S O N D 2020       D D D D D D D D D     OK   Missed payment -- No data D Defaulted     BALANCE OVER TIME   Your balance has not changed since Jan '20.   APR '20 | £1199MAY '20 | £1199JUN '20 | £1199JUL '20 | £1199AUG '20 | £1199SEP '20 | £1199OCT '20 | £1199NOV '20 | £1199DEC '20 | £1199£1299£0JAN '20JAN '21
    • Just looking at their DQ answers, why have they put down 0 for How many witnesses, including yourself, will give evidence on your behalf at the hearing?   Does that inc other lawyers? Surely that should say at least 1.
    • Thank you BazzaS, I completely agree with you!      
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Please Help!! :( Company threaten legal action for me selling their brand on eBay - New Era

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Hi, I sold about 20 caps on ebay and my listing got removed and told that these caps were counterfeit. I received a letter by post a few weeks later from "new era" with the print screen of their order details and some undertaking for me to sign. I sent them the signed undertaking and agreed to never sell these again and i was unaware that these were fake.


I sent the original undertaking by email and by post. they replied to my email saying that i need to tell them how much profit i made and i told them that after deducting all fees, posting fees ect i made about £240, and after about nearly 2 weeks, today i received a email saying that they will accept £225 by the 7TH DECEMBER!!. I am in no financial state to pay them £225!


please help me with this, i will be grateful for any advise you guys can give me, do these guys really have a case? is there a way i can get out of this without paying them.


I am just a student and i was trying to make some extra money by buying few caps from a wholesaler.


thank you!

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The emails they have sent me have no name and not signed by anyone. The last email they sent me was


" Sale of counterfeit caps on your ‘my ebay i.d’ eBay user account


New Era Ref: "my ebay i.d"


Thank you for the information about the profit you made from the sale of New Era Caps. As per clause (e) of the undertakings, you are required to pay the account of profits figure to New Era, we will accept £225 in this instance and look forward to receiving this by 7th December 2012.


Yours sincerely,


Brand protection


New Era"


I opened this thread as soon as i received this! thanks again guys!

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You must not pay anyone anything at least until there is certainty these products were in fact counterfeit. If you wish to continue with the dialogue with them, then you should insist that all correspondence is on company headed paper by post and will consider all correspondence as unauthoristed unless complete with a legible signature.


Have they asked who this wholesaler was?

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Hi, None of the email i received has any name signed on them and no signatures either!, Although the one letter that i received was signed by someone but there was no name or anything, it just said "New era brand protection"

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You must insist on proof and not just a piece of paper saying so. Sorry, but this is a US company and I trust US companies as much as I trust the inmates of Wormwood Scrubs.


Have they asked for any stock you have remaining? Have they asked where you got them ? Have they asked anything ?

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Hi, Yes in the post reply, i sent the signed undertaking, the proof of the website where i ordered them from, i told them that i have no more of these caps and Dont intend on getting or selling anymore as i now know what kind of hats these are.

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thanks for the help guys!, basically this is the first email they sent me when i sent them a scanned copy of the undertakings


" Thank you for your email. We look forward to receiving the original undertakings via post.


As per the contents of the letter, we would be grateful if you could supply us with the following:-


I. full details of all items delivered up pursuant to undertaking © above;


II. the names and addresses of all persons, firms, companies or organisations who have offered to supply, supplied or delivered to me any of the Counterfeit Goods;


III. the total number and total value of the Counterfeit Goods, stocked, imported to or exported from the United Kingdom by me or sold or otherwise supplied by me in the United Kingdom; and


IV. copies of any relevant purchase / sale documentation relating to (d)II-III above in my possession, power, custody or control which related to such information.


To pay you an amount to be agreed to compensate you as an account of the profits I have made or, if we cannot agree the amount within 14 days from the date of these undertakings, we will submit to a court"

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Please do follow Connif's advice.

I would also be interested to know which country the letter came from. Could you please put it up for us to see.


Let me give you a few details about your situation. If a claim was brought against you, it would normally be brought in the County Court as a small claim. This means that if you lost the case, you would not be faced with having to pay the other side's costs.


However, if this company is trying to carry out a sweep of counterfeit goods then they might try to make a more serious issue of it.


They want you to turn your profits over to them. However, as Connif has indicated, they have not provided evidence that the caps are fake - although I suppose that they very likely are.

They have not show that they are the owners of any of the rights in the caps - and finally, you need to break down the rights.


Are these caps sold exclusively by this company or can you get the same caps elsewhere but with different badges etc on them?


If New Era is simply in the business of buying caps from some general supplier and then adding value to them by putting on lifestyle branding (character merchandising) - then the only profit they can claim from you is the added value from the branding. The profit from the cap itself, is yours to keep.

It might be that the cap is a generic cap - easily available - and that the branding causes an improvement in the value of, say, £5. In that case would only be liable to pay over £5 per cap.


On the other hand, if New Era have rights in the caps themselves because they were manufactured to their own design, then they are more justified in demanding that you turn over all of your profit to them.


So if you challenge them, I think that not only you need to ascertain if they are the rights-holders but also what is it that they say they hold the rights to? - The branding/motifs/badges? or the cap as well.


It would be a very good idea to start searching the internet to see if you can find identical caps for sale - and eventually see if you can find the source of the unbranded item.

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Well I'm not able to read the last two. Try photobucket.


I see that in the first one they are referring to an "account of profits". This is very legal technical language coming directly from the company. They've done this before.


Anyway, - account of profits - is precisely what I have described to you above. You would be required to disclose to a court what profits you have made and then turn them over to the claimant - so no surprises there.

However, to ask for an account, they would have to disclose to a court just exactly what their rights are - so no surprises there either.

If they wanted damages - frankly this would be about the same as the account.


I expect that this company has done this before and is used to getting all of the money and is not used to be asked funny questions as to what rights do they actually own.

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here this link should work: "s1289.beta.photobucket.com/user/a118822/library/" *please remove the space between com and paste in the url*








Can't open the link on my phone, could you post a copy of the undertaking you signed? Did you read it and understand what the undertaking was before signing?!

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