| |
| McLovin69 | 06-06-2019 11:44 AM |
Who has successfully ignored a Cease and Desist?
Who here has ignored a cease and desist/ ignored a c&d from selling on a stealth account, as no one ever replies to say the outcome (Johnson and palm letters for example) what happened?
Cheers:en: |
| nickopedia | 06-06-2019 02:57 PM |
Re: Who has successfully ignored a Cease and Desist?
It really depends on the method they are sending the C&D.
If it's by email, it could hardly be taken that seriously, esp. if the sender can't even get your name correct.
If you receive a certified mailing via post in your real details, that's an entirely different matter.
I agree that responding to one is likely not the best thing to do. |
| McLovin69 | 06-06-2019 04:26 PM |
Re: Who has successfully ignored a Cease and Desist?
That is very true, however if you are using a stealth account, how would a company even be able to find your real details/ address to send the letter to?, I'm wondering if Paypal can show the company your bank details???
My friend received 1 in the mail ages ago demanding a payment,and ended up having to hire an attorney to negotiate a lower price. He wondered if he should have just ignored it. After all the fees he had to pay quite a few thousand £. I told him he should have used Ebay stealth lol
but not sure if that would have worked... |
| McLovin69 | 06-06-2019 04:28 PM |
Re: Who has successfully ignored a Cease and Desist?
Did you receive yours as a letter or email? |
| nickopedia | 06-07-2019 06:00 AM |
Re: Who has successfully ignored a Cease and Desist?
Even with a stealth account, the true owner can easily be found by "following the money".
If I was the lawyer (solicitor) dealing with this matter, I'd definitely serve subpoena (discovery) to PayPal to tell me the bank/card that the funds are going to. From there, the bank can be served a subpoena to find out the actual recipient of the funds.
Stealth or not, there is always a trail back to the actual beneficiary of the money. I would suspect that the law in the UK is not that much different than in the USA when it comes to these types of matters. |
| BigCJ | 06-07-2019 06:12 AM |
Re: Who has successfully ignored a Cease and Desist?
why is this even a thread? Stop selling the ****. |
| nickopedia | 06-07-2019 09:37 AM |
Re: Who has successfully ignored a Cease and Desist?
Quote:
Originally Posted by tinsoldier
(Post 1008860)
Similar in as much that with some effort the trail could be followed.
But that would rely on the courts agreeing that the solicitors had grounds to request such information and them being able to quantify their clients losses.
It's also getting increasingly difficult for them to claim their costs, our Small Claims Court limit is quite high now, they'd get laughed out of a Crown Court application.
....and that's why they always look to settle before action. They are chancers who have absolutely no intention of taking small sellers to court.
If I was ever tempted to reply it wouldn't be to them, it would be to copy in our legal regulatory body, the Law Society and ask them to comment. ;)
| Of course, you bring up a good point. It's doubtful some solicitors is going to go after a guy who made just £500, or even £5,000 in sales so spend much time and efforts on it. After all, the easy hanging fruits is always going to be the gullible chap who gets scared out of his wits faced with a demand notice, then caves in to a settlement. Firms like Johnson & Pham are notorious for preying on those types of people.
I am also aware that the legal standards of proof in a UK Crown Court are a bit higher than in the USA. I suppose that's to discourage people from filing frivolous cases without a providing considerable proof of damages.
In any case, it's still a good idea to err on the side of caution if faced with these matters since you don't want to get too comfortable breaking the law. ;) |
| kinsey | 06-07-2019 10:28 AM |
Re: Who has successfully ignored a Cease and Desist?
I got a CD letter from one of the major phone case companies after I sold 10 cases @ $10 a piece. I didn't know the cases were not legit. Sure it had a lot to do with me getting a indefinite suspension. CD letter was sent to my email and residence. The postal letter spelled my name wrong. I ignored the letter and never sold there product again. Never heard anything back. |
| McLovin69 | 06-07-2019 10:57 AM |
Re: Who has successfully ignored a Cease and Desist?
Yes of course you should stop selling the stuff, especially if they are found to be non-legitimate by the company and you have received a warning, however simply not selling the stuff doesn't stop a cease and desist... |
| McLovin69 | 06-07-2019 11:01 AM |
Re: Who has successfully ignored a Cease and Desist?
sure, did the cease and desist also demand a payment? Or was it to just tell you to stop. |
| newjerseymax | 06-07-2019 01:13 PM |
Re: Who has successfully ignored a Cease and Desist?
I ignored one once and then they sent it to paypal, which then got shut down. |
| Yasav | 06-07-2019 08:24 PM |
Re: Who has successfully ignored a Cease and Desist?
C&Ds are dime a dozen these days |
| McLovin69 | 06-08-2019 02:12 AM |
Re: Who has successfully ignored a Cease and Desist?
Did yours demand a payment? Or just to stop? Thanks |
| Loveinu123 | 06-09-2019 03:44 AM |
Re: Who has successfully ignored a Cease and Desist?
Quote:
Originally Posted by nickopedia
(Post 1008886)
Of course, you bring up a good point. It's doubtful some solicitors is going to go after a guy who made just £500, or even £5,000 in sales so spend much time and efforts on it. After all, the easy hanging fruits is always going to be the gullible chap who gets scared out of his wits faced with a demand notice, then caves in to a settlement. Firms like Johnson & Pham are notorious for preying on those types of people.
I am also aware that the legal standards of proof in a UK Crown Court are a bit higher than in the USA. I suppose that's to discourage people from filing frivolous cases without a providing considerable proof of damages.
In any case, it's still a good idea to err on the side of caution if faced with these matters since you don't want to get too comfortable breaking the law. ;)
|
I am one of those people.
Just got email 17 page letter with accusations and * demand for trial*
Then other letter saying via email and certified
(Except no certified letter has been found)
My sales didn't exceed 300.00
Since the eBay is under my sons name , a lawyer suggested I respond to let them know my name and say the name they have is not associated with such accusations.
let them know (truth) that I am mentally disabled and I will need more time to find legal help
Then they emailed me back demanding
Supplier, remainding, bought and sold
And if I don't comply by this Friday they will proceed.
I also verified they actually bought a set from me.
I spoke to a few lawyers and one of them laughed and told me toss everything to the garbage and live my life.
Others here have told me the same
But I'm still scared.. |
| drphilofebay | 06-09-2019 07:25 AM |
Re: Who has successfully ignored a Cease and Desist?
Quote:
Originally Posted by McLovin69
(Post 1008767)
That is very true, however if you are using a stealth account, how would a company even be able to find your real details/ address to send the letter to?, I'm wondering if Paypal can show the company your bank details???
My friend received 1 in the mail ages ago demanding a payment,and ended up having to hire an attorney to negotiate a lower price. He wondered if he should have just ignored it. After all the fees he had to pay quite a few thousand £. I told him he should have used Ebay stealth lol
but not sure if that would have worked...
| No, they cannot, unless police is involved but that's 1/1000. |
Re: Who has successfully ignored a Cease and Desist?
Quote:
Originally Posted by McLovin69
(Post 1008726)
Who here has ignored a cease and desist/ ignored a c&d from selling on a stealth account, as no one ever replies to say the outcome (Johnson and palm letters for example) what happened?
Cheers:en:
| If it was by mail, and not registered, it's just a valid "secured" contact. |
| McLovin69 | 06-09-2019 11:59 AM |
Re: Who has successfully ignored a Cease and Desist?
And if I don't comply by this Friday they will proceed.
But I'm still scared..[/QUOTE]
I am sorry to hear and pleasde keep us posted as to wehat happens by next Friday, as to weather they do "start proceedings" or not. I personally have also heard many people both on here and a webiste filled with lawyers say that in similar situations, nothing has happened, but obviously I do not know. Anyway I wish you all the best and please keep in touch... |
| McLovin69 | 06-09-2019 12:01 PM |
Re: Who has successfully ignored a Cease and Desist?
Quote:
Originally Posted by drphilofebay
(Post 1009347)
No, they cannot, unless police is involved but that's 1/1000.
| What about if they use a subpoena? To be honest I am not entirely sure what that is, and as to weather they would ever use it is a whole other question. |
| McLovin69 | 06-09-2019 12:02 PM |
Re: Who has successfully ignored a Cease and Desist?
what does "secured" contact mean? |
| All times are GMT -5. The time now is 07:53 PM. | |
vBulletin® Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
Ad Management by RedTyger |
