Jump to content



  • Tweets

  • Posts

    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
  • Our picks

Please note that this topic has not had any new posts for the last 1021 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

I have received a letter from solicitors regarding 8 metres of fabric that I sold on eBay and Etsy claiming that I import and sell counterfeit products. I bought this fabric online to make curtains and then changed my mind and decided to sell them myself...

 

They're asking for over £2,000 and the total selling price of the fabric was £250...

 

I don't know what to do! Any help would be much appreciated.

 

Thank you

Link to post
Share on other sites
  • Replies 56
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Wed need a bit more info than that...

 

Selling counterfeit products would prob be a civil action, although that on its own is not sufficient do they claim to represent someone ?

Link to post
Share on other sites

Also, please will you post up the letter you have received in PDF format – having removed all the personal contact details.

 

Please be aware that we had a lot of this kind of thing complained about in the past. Don't start panicking

Link to post
Share on other sites

Hi

 

Yes, they're representing Cath Kidston. It seems like the solicitors bought the fabric from me pretending to be a genuine buyer and say that this is a counterfeit fabric.

 

I sew as a hobby and buy most of my fabric from ebay/etsy and Cath Kidston's outlet store. I also sell the fabric leftover from a sewing project on eBay to cover the cost of my hobby.

 

I bought this fabric from an online fabric store back in August who claimed the stock was genuine leftover stock. The price was good so I bought some to make curtains. When it arrived, I realised that it wouldn't be suitable for curtains so I decided to sell it.

 

When I received the letter this morning, I checked the website that I bought the fabric and found out that it's shut down sue to selling counterfeit fabric. I never would have thought that they would make fake fabric...

 

Like I said, I only made about £250 from selling this fabric and the 80 page letter claims I should pay them more than £2,000 in legal fees, sign and return their letter by the 2nd of January...

 

Thank you so much for your help!

Link to post
Share on other sites

Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

I should also mention that I had less than a meter of this fabric left so I ended the ebay listing right away.

 

Should I be seeking legal advice straight away?

I've never been in a legal trouble before and don't know what to do.

 

Sorry, not familiar with this site, should I be replying to another thread. (you said, you moved this thread to the appropriate thread...)

Link to post
Share on other sites

Firstly, refer these solicitors to the on-line store your purchased the fabric from, and inform them that you purchased the fabric innocently and in good faith, and therefore they do not have a cause of action to pursue you for any damages they claim, their client's cause of action lay against the on-line store.

 

Secondly, this 80 - page letter they have sent you seems to be excessive and possibly designed to cause you distress and anxiety and confusion so as to get you to pay up.

 

They will have to prove that you knew the fabric was fake when you purchased it and that you knew the fabric was fake when you advertised for sale, and that you intended to make gains and benefits from the sale. They will also have to prove that you knew you were breaching copyright law on the said fabric.

 

Merry Christmas

 

Haunter

Link to post
Share on other sites

how exactly are they claiming that its counterfeit?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Which companies it that's after you?

 

There are quite a few of these around seem to see themselves as Enforcers and want to make a fast buck.

 

Who are the copyright owners? What is their authority to act? How do they calculate the amount of money they are claiming?

 

Someone above has advised that because you are an innocent party, that there is no basis for any action against you. I'm not entirely sure that this is correct. However, I don't think that you are in the danger that you think you are and I don't think that the claim against you is at all reasonable – and so I don't think you should give in.

 

Quite a lot of these companies rely on causing fear and anxiety in the people there against.

 

Who is it who has written to you? Please will you post the letter in PDF format – as requested above. – Hang on a minute I've just noticed that you said it was 80 pages. Is that really right?

 

I certainly don't at all suggest that you sign it.

 

You say that they bought some of the fabric from you – how much did you sell to them? You said that the issue was about 8 m of fabric. Is this correct?

Link to post
Share on other sites

The solicitors bought the fabric from me so they have it in their hands.

Cath Kidston is their customer.

 

The letter says that this fabric was not released on to the market with their client's consent.

So maybe they're not saying counterfeit but they're saying that I shouldn't have bought it online and then sold it on eBay...

I got confused when I checked the website and saw the notice that says the website is shut down for selling counterfeit fabric...

 

The letter is 50 pages (sorry for the typo above) with lots of photos of the fabric and ebay listing page printouts

(you're right, it might be a scaring tactic...).

 

I don't have the facility to scan documents so don't know how I can show them to you.

 

Should I write them and try to explain that it wasn't my intention to sell the fabric when I bought it.

The letter says that I have to sign the document that they sent through and send it to them by 02 January.

I don't want to admit to something that I didn't really do.

How should I word this letter?

 

Thank you!

Link to post
Share on other sites

doesnt matter if you didnt have their consent. You bought it. There was no disclaimer saying that you cannot resell it. Or i hope not. So you sold it.

 

As for your last sentence, please dont go contacting them yet. Theyre like ambulance chasers and youre failling for it hook line and sinker.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Can you show their ebay listing please. Also was there a disclaimer saying you arent allowed to resell it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

I think we need to see at least the first couple of pages of the letter – and the last page – the bit that they are asking you to sign. We don't need to seal the pictures et cetera.

 

I've asked you several times which companies it and you haven't responded.

 

It's difficult enough doing things on a forum at a distance like this. It makes it much harder work if we have to ask you repeat leave the same information. You not helping yourself and you are likely to make people less enthusiastic about helping you.

 

Also, I'd like to know exactly how much profit you made out of it.

 

In other words, how many metres did you have? What you pay for it? How much do you sell it for?

 

I quite agree with you that you shouldn't sign anything and you probably we will have to write a letter but until we know more about it I don't think we can really advise you about what to write. Also, I'm not sure that your best interest served in writing to the company that is chasing you. It might be worth writing to Cath Kidston instead.

Link to post
Share on other sites

Sorry, I thought you asked for the company Cath Kidston and I replied to that twice. If you're asking for the solicitors, it's Palmer Biggs.

 

I bought 10 metres for £90 and sold about 8 metres of it. I sold some of them in 45x50cm pieces so I'll calculate the total price in a few minutes and post here.

 

Sorry, I wasn't trying to be difficult.

 

I thought I was answering your questions, I'm just a bit confused, that's all.

Link to post
Share on other sites

… – And the letter please.

 

If you're not able to take a very good photograph and then upload in PDF format then I suggest that you buy a scanner. You can buy an excellent one from PC World for less than £50 and it will last you a long time.

 

I'm sorry to be tough – but we help you for free and you get the equivalent of thousands of pounds worth of free advice here – but we expect you at least to have the tools to use this kind of forum.

Link to post
Share on other sites
  • Confused 1
Link to post
Share on other sites

Did a little bit of digging on the Wayback Machine and found towntiger.com has a mirror site at http://www.towntiger.win Nothing on the site to suggest that you can not resell the material.

  • Confused 1

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

Quote
No... you can't eat my brain just yet. I need it a little while longer.
Link to post
Share on other sites

Please do not send the above letter. Do not send anything yet.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

As the on-line store has been shut down for selling counterfeit goods, its assets might be frozen or confiscated, and so the solicitors are trying to recover any sum claimed as a loss from you!

 

You are not legally responsible for the claimed loss.

 

Carry on sowing.

 

Haunter

 

The OP (yaliyas) has provided more than sufficient information on this matter.

 

My above letter is a "suggested draft letter" and "AMEND AS YOU WISH".

 

The case is straightforward based upon the details provided so far.

 

Haunter

  • Confused 1
Link to post
Share on other sites

Thank you so much for all your help. I've been reading the other threads that you sent the links to and I still don't know how I feel about this :(

 

The draft letter is much appreciated though!

 

I've gone through my emails to see how much I sold it all for and as suspected it was about £250 and I bought the fabric for £90. I have about a metre of it left and happy to hand it over to them since I can't even stand to look at it now!!!

 

I will upload scanned copies of the first couple of pages as well as the last attachment that they're asking me to sign tonight. I think I found someone who can help me with the scanning...

Link to post
Share on other sites

you dont have to sign anything. and dont be fooled into thinking you do.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites
Thank you so much for your help!!!

Do not send the above recommended letter. I'm very sorry to say but the advice that you're being given is wrong. I'm out at the moment and when I get back I will give you more detail.

Just keep on reading around and also I still want to know how much money you have made out of this full stop this is very urgent.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...