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Old 03-17-2010
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Default Need advise on Notice to forfeit goods,Notice of consent to forfeit goods

I imported some office 2007 from oversea and thought its genuine as the seller advertised

However, i received a letter from custom notified me that the goods has been forfeited and they ask me to fill the form Notice of consent to forfeit goods as its non-genuine product,violates trademark: the supplier is from hongkong which means i can't do anything about them

Ofcourse now i know its not genuine i don't want to keep it, they can do whatever they want with the goods.

But the problem is that, i tried to search some information about notice and found out that, by the rules, the custom will also send to the objector( microsoft) the same of notice i received and give them 10 business days to reply whether objector want to take legal action to forfeit and disposed the good or not, if they don't hear from them after 10 days they'll release the goods to me, ot if the customer don't hear any thing from me they will just disposed the goods.

I want to fill the form notice of consent to forfeit goods, but im afraid that by filling and return the form to custom, Microsoft will have more evidences to pursue me to court

Can just ignore the letter and pretend im not the importer,the goods just sent to wrong address.

Any one had experience with this matter, Please please please advise me
Many thanks
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Old 03-17-2010
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I think you are right! By failure to act you allow the administrative process to take place, which likely involves destruction of the counterfeit product.

I doubt that by signing the consent you would incriminate yourself, it's likely same thing as signing a traffic ticket without admitting guilt. But, if you won't challenge the process, what is the point of agreeing to the consent?
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any time my stuff seized by customs i ignore letter, safest
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thanks you guys but im still confused what i need to do right now? ignore or fill the form?
i read some thread in forum and see that microsoft are very keen to follow up and catch people selling their non-genuine product
what's the worst scenario case if they catch?

im feeling like crap now
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Old 03-17-2010
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Quote:
Originally Posted by lucasing View Post
thanks you guys but im still confused what i need to do right now? ignore or fill the form?
i read some thread in forum and see that microsoft are very keen to follow up and catch people selling their non-genuine product
what's the worst scenario case if they catch?

im feeling like crap now
I've had several seizures as some have here. Ignore the letter and do nothing. You have 30 days to respond to seizure notice but why risk it? Microsoft would never consent to allow counterfeit goods to be released to you and by signing/filling out form may give them a chance to take you to court for fine. Ignore it and the worst to come of situation is that software will be destroyed. Just send copy of scanned seizure letter to you supplier to try to work out a deal for partial refund.

By the by, I purchased one lot of 5 Microsoft 2007 thinking it was real several months ago. While they looked 100% real in every aspect, all failed to work due to some error code. Never a good idea to import any of that crap. It will get you into trouble with customers and lead to ban of account[s].

Last edited by Recherché; 03-17-2010 at 07:32 PM.
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Old 03-17-2010
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Originally Posted by Recherché View Post
I've had several seizures as some have here. Ignore the letter and do nothing. You have 30 days to respond to seizure notice but why risk it? Microsoft would never consent to allow counterfeit goods to be released to you and by signing/filling out form may give them a chance to take you to court for fine. Ignore it and the worst to come of situation is that software will be destroyed. Just send copy of scanned seizure letter to you supplier to try to work out a deal for partial refund.

By the by, I purchased one lot of 5 Microsoft 2007 thinking it was real several months ago. While they looked 100% real in every aspect, all failed to work due to some error code. Never a good idea to import any of that crap. It will get you into trouble with customers and lead to ban of account[s].
Im personaly thanks so much for your kindly advised
Im thinking that even i ignore the letter, Microsoft will try to send a warning letter to me,trying to get as more as information of mine, then i'll just ignore it right?

As you've had said you have several seizures,within the time 30 days you ignore the letter
did you received any letter from the custom(such as claim form for return) and the trademark owner threatening you?
cauz the custom will also give the trademark owner 10 business days or extended time to follow up, if we just ignore the letter then the goods will be disposed or will it return to me ( ofcourse in this case, we don't want the goods)

Having scan the letter and send to the supplier,seem to be nope of responding from them
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If you paid via paypal file a dispute for item not received, if they won't refund.
You have proof that you won't be receiving your items.
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Old 03-22-2010
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Originally Posted by stillconfused View Post
If you paid via paypal file a dispute for item not received, if they won't refund.
You have proof that you won't be receiving your items.
I just received a letter from microsoft today, asking me to fill the form deed of undertaking,not to deal with copy microsoft product any more, if i don't return this form within 7 days they will commence proceeding in the federal magistrates court against me.

Please give me advised how you deal with it when you received this letter before, if i ignore the letter, they will take legal action,can they order the court to find me and come to my house to check.
If i agree to fill the form what gonna happen then,will they just let it pass as i promise will not deal with copy any more.

Please advised me,im so worry, can't even get into sleep everynight

Thanks so much
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Old 03-22-2010
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Was this letter delivered by registered post or express post?

Or was it just sent via regular mail?

Is this the first time you have purchased Microsoft software, and how much did you purchase.

I wouldn't be signing anything, unless I had legal advise first, but a lot depends on the answers to those questions.
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Old 03-23-2010
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Originally Posted by stillconfused View Post
Was this letter delivered by registered post or express post?

Or was it just sent via regular mail?

Is this the first time you have purchased Microsoft software, and how much did you purchase.

I wouldn't be signing anything, unless I had legal advise first, but a lot depends on the answers to those questions.
Microsoft just sent the letter by regular mail.
Yes, its the first time i purchased these product,i bought 5 pcs and cost $ 300

They told me clearly in the letter that, they will take legal action if i don't return the form to them,because the custom will release the goods if:
i don't sign the form consent to forfeit the good or microsoft not taking legal action within 10 business days.
however the problem im worry is if i ignore the letter,can they take me to court as they don't have evidence,just the goods from custom and anyone can purchase and send it to a wrong address, usually i see alot of cases microsoft bought some product from a seller and use it as evidence to against them

Do think it would help if i take legal advise?
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Old 03-24-2010
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If it was sent via regular mail, they aren't serious as there is no guarantee that you would actually receive the letter. If they sent a letter that required your signature, it would be a little more serious.

I don't see that you have done anything wrong, you bought 5 pieces of software to use on your computers. You could have bought them of ebay, you'd have the same chance of buying authentic software.
If you know a lawyer or ring legal aid and ask if you have done anything wrong in buying software from overseas, and if Microsoft can do anything to you after it has been siezed by customs.
I highly doubt it, but I'm not a lawyer.
And ask if you should sign anything. I certainly wouldn't until I was advised by a lawyer to do so.
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Old 01-10-2011
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Hi,

I got the same problem.
I need advise, please...

Should I sign the form notice of consent to forfeit goods?

Anyone... I need your help, please....

Thanks for your time
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Old 01-10-2011
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I went through this some years ago with a couple of watches, I just ignored the letter. I would imagine that if you sign anything agreeing to its destruction you are also admitting that the item is yours. As others have said if they are serious the letter would be sent by registered post, normal post has no proof of delivery so you can play dumb.
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Old 01-13-2011
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Hi Mate,

I have had the same thing happen. I always responded. First letter from customs is about forfeiting the items, which means they will be destroyed, you will lose you initial investment but nothing more. I also received a letter from a solicitor stating if I did not immediately cease the sale of the items in question I will be in trouble blah blah blah, and I will be sued. I signed and sent all the letters back stating I will never try to re-sale the items in question again.

My advice is don't ignore the letters, respond before it gets out of control, nip it in the butt! Customs will destroy the items and Microsoft will be happy to know that you wont sell anymore of the items in question. Also Customs will probably have your address on record from now on and any more suspicious looking packages will be seized.

Be sure to always use due diligence before ordering with any company for the first time.

Don't stress just handle the situation and you will be OK.
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Old 01-14-2011
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Quote:
Originally Posted by ebayism View Post
Hi Mate,

I have had the same thing happen. I always responded. First letter from customs is about forfeiting the items, which means they will be destroyed, you will lose you initial investment but nothing more. I also received a letter from a solicitor stating if I did not immediately cease the sale of the items in question I will be in trouble blah blah blah, and I will be sued. I signed and sent all the letters back stating I will never try to re-sale the items in question again.

My advice is don't ignore the letters, respond before it gets out of control, nip it in the butt! Customs will destroy the items and Microsoft will be happy to know that you wont sell anymore of the items in question. Also Customs will probably have your address on record from now on and any more suspicious looking packages will be seized.

Be sure to always use due diligence before ordering with any company for the first time.

Don't stress just handle the situation and you will be OK.
After you signed the letter, do they (Microsoft) contact you again for further questions?

Looking forward to hearing from you soon. Thanks....
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Old 01-14-2011
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After you signed the letter, do they (Microsoft) contact you again for further questions?

Looking forward to hearing from you soon. Thanks....
Hi Mate,

From my personal experience, the company in question never contacted me again in regards to the counterfeit items. I never attempted to import the item in question again and clearly stated that in the return letter.

I have had several seizure letters from customs and two letters from solicitors, the first from another major corporation. I always responded and just did what the company asked, basically forfeit the items to Customs to be destroyed and return the letter to the company in question, stating never to sell counterfeit items again.

If it were me I would reply, but that is me, I am not saying that anyone else is wrong, I am only stating what I have experienced in the past.

It is a steep learning curve but well worth it in the end. I think you will be OK.
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Old 01-16-2011
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I agree with ebayism. Once the custom letter is signed the items will be destroyed by customs. All they want you to do is to agree to never import counterfeit items again. Your address will also be redflagged by customs so just be careful what you import in future.
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Old 01-17-2011
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Thanks everyone for all your information.
Especially thanks to ebayism. I agree with you, sign and return the letter.

The seller advertised the product as genuine (misleading information). Now really have to be careful if bought something online from overseas because a lot of misleading information.
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