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    • Hi    So we have a response from the trader to my local Trading Standards officer.    "The trader has contacted me.    He is alleging consumer misuse regarding the usage of the car, i.e. the car had been run low on oil. I have explained that this would need to be proven and the burden of proof may depend on the trader or the consumer depending on when the fault first occurred.   Also the trader indicated that a courtesy car was provided to your father at the time but that car was not been returned Obviously, at Trading Standards we do not advise on the facts as only a judge in small claims can decide on the facts of the case. If a person alleges something then it needs to be proven.   The tenor of the contract has been that they are not liable for the alleged fault as it was consumer misuse and also that they will be pursuing the non return of a courtesy car.  The matter seems to be at a standstill and it is up to you to decide if you wish to pursue the matter further in court. Please refer to the initial letter I sent to you regarding our remit on civil matters at Sandwell Trading Standards.    In the event you do go to court you can mention to the judge you did try to resolve the issues through a third party, namely ourselves, to avoid going to court but the matter was not resolved. The judge would look favourably in this information. "   My response to the above is:    1. The first we knew of the car being low on oil was when the trader returned the car back to my father in August 2020, after having the car from Nov 2019 - end of Jan 2020 (over 3 months) and from March 2020 - August 2020 (6 months). When the trader returned the car in August he casually mentioned that he had topped the car with oil as it had been running low. How can it be misuse when my father didn't even have the car for 6 months prior to the alleged fault? The car was returned back to the trader in August 2020, within a week of it being returned, due to engine noises that were noticeable, and that were not there before.    2. The courtesy car was provided to my father whilst his was allegedly being repaired. After my father's death, the trader mentioned the return of courtesy car once to my brother in law who he was in contact with, and it was agreed that he could pick his courtesy car up when he returned my late fathers car. At that point we believed the car was being repaired and would be returned. In my communication with the trader, not once has he requested return of the car.  The return of the courtesy car has never been an issue and I am happy to arrange return of the courtesy car, although I am hesitant to meet the trader personally. In addition, the car has no car tax (expired in March 2021) therefore I am not willing to drive an untaxed car.   Should I contact the trader to arrange for him to collect it from my fathers house?  And would it be wise to take photos of the condition of the car (inside and outside, and mileage) in case he tried to clutch at straws and make further false allegations?    3. In regards to the trader's claim as consumer misuse, if this was the case then why was my father not made aware at the time, and why did the trader take the car back to "repair it" and where is it now? Also, why has the trader continued to take the car apart to the point where it is now is an undriveable state than when it was when taken?    I am waiting for the case officer to write me back to the response, however I just wanted to get your thoughts on the above.    Thank you 
    • Hi Stu, not had anything back from the HA at all apart from a generic  reply saying they will look into it.   I have some spare time next week so might just give them a visit and try and get some answers 
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    • No we haven't asked them for Public Liability Insurance, and both letters for SAR and FOI are written up and ready to send today. I suppose this could be done by email.
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Problems with Palmer Biggs - ebay


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Hello,

 

I need some help, I am in the same problem you were in and must reply soon (according to them).

 

How did you go about it all? How did you start to contact them? What did you say to them?

 

If you can help me I would be extremely gracious.

 

Regards,

B.

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I Spoke to PB legal. They didn't seem to have much of a clue but I stated that I removed the listings although it was in my opinion no violation was being made.

 

I had managed to speak to someone at BMW who said that if I had received a letter regarding infringement of products, I should look at it with all seriousness and take legal advise. She also however, infromed me that it was highly unlikely that they would appoint such a small solicitor group (with little experience being that there is only two appointed solicitors, both of which have no more than 2-3 years experience a piece) knowing that they have their own internal legal dept and outsource of a legal firm that is suffice to say...an extremal big fish!

 

After two weeks of hearing nothing or any further calls. I received was a letter from PB Legal saying no further action was being taken as long as I dont list the items again.

 

As I was facing fierce competition on the products and making little or no profit (others prob listing counterfeit and afford to sell cheaper than me), I decided its just not worth the effort to relist and go though the hassle with PB again to prove my items are legit as it would mean legal involvement, independent review of the products to prove authenticity etc which is just more costs and would only serve to prove a point.

 

So I have now drawn a line under it all, paid nothing out to anyone and just moved on with new products and try and make the best of a late start for the xmas period.

 

 

 

Hello,

 

I need some help, I am in the same problem you were in and must reply soon (according to them).

 

How did you go about it all? How did you start to contact them? What did you say to them?

 

If you can help me I would be extremely gracious.

 

Regards,

B.

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Hi,

We went through all the advice on this forum and found most of it very useful - thanks everyone!

 

Regarding Palmer-Biggs - BMW confirmed PB DO act on their behalf, although they didn't specify in what situations.

 

PB now have the required SRA reference on their letter (on the bottom).

 

Regarding contacting them etc - we only gave them the bare minimum of what they asked for in each letter

and we told them that we were taking advice before replying (which they had advised us to do so not sure why they were querying the delay at every verse end).

 

PB kept chasing even though we had no goods to send them and

 

 

in the end we did settle, although we didn't give them the names of suppliers etc as we suggested this would contravene Data Protection regulations.

 

 

Sent them a cheque saying if they cashed it we would assume that was the end of the matter.

 

 

It was several weeks before we got a letter saying they'd close the case but keep an eye on us - well that's easy because there's nothing to keep an eye ON!

 

It seems to be very hit and miss as to whether or not they pursue you;

some Caggers say they didn't pay up and PB said no further action would be taken.

 

 

We were on the unlucky side - they kept chasing and in the end we had had enough of the hassle and the worry.

 

 

My advice to you would be to look through all the PB references on CAG and choose the route you wish to take.

 

 

I wouldn't want to suggest you pay up or hold out - just read the comments and decide how much of a risk you're prepared to go with.

Edited by Skibeaky
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Thank you for your response!

 

What was your first letter to them along the lines of?

 

Also what sum did they settle for in the end?

 

Regards,

B.

Our first letter was basically to say we were checking authenticity!

I can't go into specific details (don't think you'll find anyone in this situation who has) about settlement but they were asking for £1000 (seems pretty standard) AND profits.

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Our first letter was basically to say we were checking authenticity!

I can't go into specific details (don't think you'll find anyone in this situation who has) about settlement but they were asking for £1000 (seems pretty standard) AND profits.

 

 

Hi,

 

I understand that. Just wondering whether you signed any undertakings?

 

B

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Our first letter was basically to say we were checking authenticity!

I can't go into specific details (don't think you'll find anyone in this situation who has) about settlement but they were asking for £1000 (seems pretty standard) AND profits.

 

 

Hi,

 

Also how did you word your offer letter?

 

I would be so grateful for your help.

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  • 10 months later...

We too have had the dreaded letter demanding £1000 plus share of profits and asking us to sign a large document. We are not selling counterfeit clothing so we have contacted our solicitors who are now on the case. I will post updates for you over the next 2 weeks as my legal team deal with our case.

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  • 2 weeks later...
  • 1 month later...

Have asked them now for Patch test results but they dont want to give them by all accounts as I haven't heard back from them in over a month. How can give results saying an item is fake when I have store receipts proving they are real.

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  • 3 months later...

Hi, we are in a similar situation at the minute where we have received a letter.

On the bottom of the letter it has the company registration number not the solicitors regulation authority number.

Both should be on the letters!

Has anyone actually reported them

To the SRA for the tactics they are using?

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  • 1 year later...
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