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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
      • 1 reply
    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Hi could do with a bit of help! Counterfit goods and legal action.


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So i ordered some snapback caps from china via ali express, i genuinly did not realise they were fake at the time(but after reading into it a bit more now, i believe they are). They were sold through eBay.

 

I sold maybe 12-15 'New Era' ones. Two listings were took down by eBay under the request of 'New Era inc'.

 

I then received a letter stating I have sold and offered the sale of a quantatiy of counterfit New Era hats and this constitutes civil trade mark infringement.

 

They want me to:

Sign and comply with an undertakings letter(via post).

Provide details of any counterfit goods in my possesion including where they are located.

Deliver any counterfit goods to them.

Provide details of the person/company who supplied them with any copies of documentation relating to the supply.

 

The undertakings letter states that I am agreeing to(if signed):

Immediately cease what I am doing.

Disclose any stock that i have

Within 7 days of signing the undertakings, deliver any goods in my possesion.

And supply them with full details of items delivered up to date, names and addresses of suppliers, total number and vbalue of stock imported and copies of any relevent purchase/sale documentation.

 

Also to pay an amount to be agreed on to compensate as an account of profits.

 

 

Any help would be a MASSIVE help!!

 

The letter is just signed from 'Brand Protection'

 

Thank you so much.

 

Brian

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Start off by reading this post here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?374855-Please-Help!!-%28-Company-threaten-legal-action-for-me-selling-their-brand-on-eBay-New-Era&p=4068133&viewfull=1#post4068133

 

Don't be scared.

You are dealing with bounty hunters. They are just another kind of Civil Recovery scheme which makes loads of money out of people who make silly mistakes and who don't know their rights.

Read the thread and then come back here

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I thought as much. But it seems the letter has come from new era hat company itself?

 

It does say on the start of the letter i am acting on behalf of new era.... But signs off with brand protection part of new era

 

Brian

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Broadly the same answer.

 

Where did the letter come from?

Have you traced the address?

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Broadly the same answer.

 

Where did the letter come from?

Have you traced the address?

 

Yes they request that the undertakings goto

New era cap company limited in aylesbury hp18 0xb

 

Which is the correct addressfor new era

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How much do they want.

show us the letter

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Hi their is not exact amount untill i send them the profits made.

 

I have just tried to post the links/images but im unable to untill my post count is above 10 :(!

I will try put in my sig

 

Doesn't seem like its just debt collectors.

 

Thanks so much for the help so far guys

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It's up to you.

 

How much did you pay for the caps and how much did you sell them for and after postage, packing etc how much did you make?

 

 

It might be that it is not worth making a fuss about and you just pay them over to them the profit you made - but only that.

 

I wouldn't sign the letter but I would write my own letter to them.

 

I wouldn't return the caps - but I would destroy them myself.

 

One thing, though, is that I would be scrupulously honest about everything - and not conceal or exaggerate or say anything other than the absolute truth.

You've made a silly innocent mistake. Don't turn it into something more difficult.

 

What's the value?

 

Do you realise that you have exposed your personal details in these images. This is silly.

You should remove the images and post a cleaned up version.

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Hi, thanks removed the links.

 

I will e-mail them(do you think thats ok?)

 

Stating that i have one hat left(which i have) and will destroy it(provide picture). with what i made from it and how many

 

think i sold about 15 (4-15 profit each), i think it will be hard to find proof i have bought only this much. i have order sheets on ali-express, but as i ordered more hats(only about 15 are new era though).

 

Should i give suppliers details?

 

Thanks, brian

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I think that you should cooperate as fully as possible but without signing their letter.

 

If there is only one left then you may as well send it to them.

 

Tell them that you had no idea that they were counterfeit. Tell them how many you bought, who you got them from, How many you sold and what you bought them for and what you sold them for.

 

Tell them that you enclosing a cheque for £XX but without any admission of liability and that this represents far more than they would get for an account of profits because you have paid over the entire profit whereas under an account, they would only be entitled to the portion of the profit relating to any value crated by the trademark and not the whole cap - as they well know.

 

 

Do that and if they get funny, come back here

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