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  #1  
Old 07-26-2015
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Default Need advice - Seizure items by customes and letter of attorney

Received the notice of seizure from customs and a letter from attorney on behalf of the brand company saying that I import foofoo items. Should I sign the deed of undertaking promising that I don’t sell the products anymore?

I don’t want to be recorded in words saying I admit that I bring those items in. I of cos not going to import anymore. The funny thing is they also misspell one of my first name. Does it mean it is invalid? But I did collect the parcel because the collection card address the initial instead.

So if respond, would my address be not reflagged? Does that mean the company will not sue me later? The fact is I have several parcels just arrived, waiting for clearance ….I am so super worried.

If I don’t sign, the items will be disposed by customs anyway after 30 days The letter from Attorney says further action may be taken if no response within 7 days.

I am new to here …not sure how to search similar posts in the forum. So I post a new thread guys.

Please advise guys much appreciated.
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  #2  
Old 07-28-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

I think you should speak to a laywer ASAP, depending on the brand (how big it is and their policies towards replicas being sold) they could just have sent that to scare you and stop you.
But dont take it lightly.
Before you put anything on paper speak to a lawyer.
Id lose a couple shipments over being sued/jail anyday.

Hope i helped at all.
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  #3  
Old 07-29-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

I would address this with citizens advice who should be able to get an answer through a professional legal background source, you dont want to be mis advised by someones own personal experience here as this sounds fairly serious.
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Old 07-29-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

No matter if your items are foo-foo or not please consult with a Lawyer, the forum cannot properly answer any of your questions since no one here is a lawyer. If possible consult with an IP lawyer 1st.
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Old 08-16-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

Quote:
Originally Posted by fingercross View Post
Received the notice of seizure from customs and a letter from attorney on behalf of the brand company saying that I import foofoo items. Should I sign the deed of undertaking promising that I don’t sell the products anymore?

I don’t want to be recorded in words saying I admit that I bring those items in. I of cos not going to import anymore. The funny thing is they also misspell one of my first name. Does it mean it is invalid? But I did collect the parcel because the collection card address the initial instead.

So if respond, would my address be not reflagged? Does that mean the company will not sue me later? The fact is I have several parcels just arrived, waiting for clearance ….I am so super worried.

If I don’t sign, the items will be disposed by customs anyway after 30 days The letter from Attorney says further action may be taken if no response within 7 days.

I am new to here …not sure how to search similar posts in the forum. So I post a new thread guys.

Please advise guys much appreciated.
Just ignore them. I had very similar issuer and was served with paperwork and bill for their investigation for $1500.
I was just ignoring them and they never came back. But since that time I don't accept direct debit as payment< as its a way how they tracked my real name and address
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  #6  
Old 08-16-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

Never ever sign anything without consulting with a lawyer. But speaking in general terms, just ignore them, as if you don't sign their claims, officially you are not aware of the nature of the things, and it is not possible to prove that you've ordered "foofoo" things on purpose. Playing dumb works in this case.
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Old 08-16-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

You are never required to give a statement to Police/authorities. A citizen is always permitted the right to remain silent. Never acknowledge their contacts, never agree to anything. If they with to pursue matters, a court is the proper forum for these issues to be aired, not some bureaucrats inbox.
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  #8  
Old 08-16-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

Best to consult lawyer only - this is beyond forum's scope
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Old 08-21-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

I've received those 'Notice of Objection / Seizure' letters before, not for importing f*kes, but for importing a brands goods that was on the Notice of Objection list.

https://www.border.gov.au/Busi/Cust/Inte

They called me everyday for a week, I never picked up. My address was a PO BOX. They left voicemails wanting to know my supplier(s), how long I had been importing their brand and everything else. I ignored them, then after 10 business days if the objector (Brand owner) didn't commence legal action in court I was able to request customs to release the stock which they did.

However the law changed last year, it's not as easy now.

My advice is don't sign anything or give them any more details, they will likely go away.
If you do sign or give them any further information you open the door for more issues.

I still regularly import the brands, just using different carriers, smaller loads etc.
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  #10  
Old 08-21-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

Can they even prove that you received papers to sign? Certified mail with acknowledgement of receipt? Not sure how it works in AU.

Personally, I'd ignore phone calls and letters until someone is standing in front of my physically. :D
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Old 08-21-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

Quote:
Originally Posted by jscan View Post
I've received those 'Notice of Objection / Seizure' letters before, not for importing f*kes, but for importing a brands goods that was on the Notice of Objection list.

https://www.border.gov.au/Busi/Cust/Inte

They called me everyday for a week, I never picked up. My address was a PO BOX. They left voicemails wanting to know my supplier(s), how long I had been importing their brand and everything else. I ignored them, then after 10 business days if the objector (Brand owner) didn't commence legal action in court I was able to request customs to release the stock which they did.

However the law changed last year, it's not as easy now.

My advice is don't sign anything or give them any more details, they will likely go away.
If you do sign or give them any further information you open the door for more issues.

I still regularly import the brands, just using different carriers, smaller loads etc.

sweet mother of mercy...
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  #12  
Old 08-21-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

Quote:
Originally Posted by fingercross View Post
Received the notice of seizure from customs and a letter from attorney on behalf of the brand company saying that I import foofoo items. Should I sign the deed of undertaking promising that I don’t sell the products anymore?

I don’t want to be recorded in words saying I admit that I bring those items in. I of cos not going to import anymore. The funny thing is they also misspell one of my first name. Does it mean it is invalid? But I did collect the parcel because the collection card address the initial instead.

So if respond, would my address be not reflagged? Does that mean the company will not sue me later? The fact is I have several parcels just arrived, waiting for clearance ….I am so super worried.

If I don’t sign, the items will be disposed by customs anyway after 30 days The letter from Attorney says further action may be taken if no response within 7 days.

I am new to here …not sure how to search similar posts in the forum. So I post a new thread guys.

Please advise guys much appreciated.
Hi, please could you tell me, what kind of items it was, just the category? Is it jewelry, clothing, parfum? Because I am nervous too, I don't want to do any mistakes.
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  #13  
Old 08-21-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

Guys, is that means that customs check every single package? And how they determine is foofoo? I am afraid to order anything now.
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  #14  
Old 08-21-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

Quote:
Originally Posted by Rano View Post
Hi, please could you tell me, what kind of items it was, just the category? Is it jewelry, clothing, parfum? Because I am nervous too, I don't want to do any mistakes.
Your nervous? gee I wonder why?
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Old 08-21-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

Quote:
Originally Posted by MM78 View Post
Your nervous? gee I wonder why?
Because sold couple items before
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Old 08-22-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

Quote:
Originally Posted by Rano View Post
Guys, is that means that customs check every single package? And how they determine is foofoo? I am afraid to order anything now.
Yeah they check every package, they also make a list of what items are going to said addresses that sell foofoos. So your 'couple of items' will probably already be on their radar.

Dont think that customs doesnt know. This is how they build evidence against you.
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  #17  
Old 08-22-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

@Rano, if nervous - don't do it /nuff said
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  #18  
Old 10-31-2015
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Default Re: Need advice - Seizure items by customes and letter of attorney

sorry for getting back now. cos i was extremely nervous.

thank you for all feedback. having considered pros and cons and consulted my lawyer frd. yet i did sign... (SIGH)..cos they used express post, means they have evidence to track.

if they cant reach u, they have a right to find a person to follow u and make sure u can physically get the notice.. ( sounds scary) customs is not a matter cos they will forfeit later if you choose silence. they are just the intermediate. the main concern is the letter from the company

anyway, other parcels still arrived safely, guessing i was unlucky to be picked up. nothing heard back after signing the letter. feeling stupid.

but well, its a karma. when u choose to step in and start at the beginning, u know u are at risk anytime.
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  #19  
Old 02-05-2017
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Default Re: Need advice - Seizure items by customes and letter of attorney

Hi there I need your help guys.
I just received a letter US customs and border protection customs seizure letters that they hold my DHL package on DEC 15 2016. here is the letter http://imgur.com/a/OdHpx

what I need to do for this letter now? Do I need to contact with customs? how can I tell them destroy the boots because shipper sent wrong boots with brand on it.
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Old 11-02-2017
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Default Re: Need advice - Seizure items by customes and letter of attorney

Hi guys

received same notice from Aus customs, then followed up with notice from lawyers demanding signing up the declaration of not doing it again, handover any item i may have and demanding sellers detail. Till date I've done nothing with these notices...but they kept on coming, wondering should i sign away the dec and return?

Wonder what you guys did as its getting very common in most countries? This was my parcel coming from China using EMS
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  #21  
Old 11-03-2017
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Default Re: Need advice - Seizure items by customes and letter of attorney

If you guys are selling foofoo items as real items, phuck you!
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  #22  
Old 11-03-2017
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Default Re: Need advice - Seizure items by customes and letter of attorney

Quote:
Originally Posted by oz26 View Post
Hi guys

received same notice from Aus customs, then followed up with notice from lawyers demanding signing up the declaration of not doing it again, handover any item i may have and demanding sellers detail. Till date I've done nothing with these notices...but they kept on coming, wondering should i sign away the dec and return?

Wonder what you guys did as its getting very common in most countries? This was my parcel coming from China using EMS
One thing you could decide is

stop selling foo-foos.

You need to address the problems you now have.

They are totally obvious to me.

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