| | | 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? |
| agent006140 | 06-09-2019 05:12 PM | Re: Who has successfully ignored a Cease and Desist? Quote:
Originally Posted by tinsoldier
(Post 1009472)
absolutely nothing. | now thats the best thing ever come out of your mouth |
| Loveinu123 | 06-11-2019 12:55 PM | Re: Who has successfully ignored a Cease and Desist? Quote:
Originally Posted by McLovin69
(Post 1009404)
And if I don't comply by this Friday they will proceed.
But I'm still scared.. |
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...[/QUOTE]
Yes I've seen many with same issues, but no end to their story.
This is so horrible to a very delicate person like me.
My mind is very delicate.
They have made me sick as never.
Yes I will share as much as I can
For now I think my friend helped me get legal representation.
I would have just ignored but the eBay store is under my sons name and no way I can take that chance of them going after my son .
I promised my son I'd never cause him trouble
And I did :(
I thank u
Let's see what happens... |
| McLovin69 | 06-14-2019 10:34 AM | Re: Who has successfully ignored a Cease and Desist? Any word on whats happening then? |
| McLovin69 | 06-14-2019 10:35 AM | Re: Who has successfully ignored a Cease and Desist? Any news? Quote:
Originally Posted by Loveinu123
(Post 1009960)
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... |
Yes I've seen many with same issues, but no end to their story.
This is so horrible to a very delicate person like me.
My mind is very delicate.
They have made me sick as never.
Yes I will share as much as I can
For now I think my friend helped me get legal representation.
I would have just ignored but the eBay store is under my sons name and no way I can take that chance of them going after my son .
I promised my son I'd never cause him trouble
And I did :(
I thank u
Let's see what happens...[/QUOTE] |
| nickopedia | 06-14-2019 11:46 AM | Re: Who has successfully ignored a Cease and Desist? Email can be by all means submitted as evidence in court in the same way as you would any other form of documentary evidence. However, the reliability of e-mail evidence will be subject to scrutiny.
This is why it's not wise to respond to anything you get by email. You might be tempted to do so, but doing so will not help your cause. You always have the right to remain and stay silent. DO NOT TALK TO ANYONE. ASK A LAWYER if you are unsure how to deal with the situation.
I have received these types of emails before, and they go right into my SPAM folder for a very good reason. |
| Loveinu123 | 06-15-2019 11:26 PM | Re: Who has successfully ignored a Cease and Desist? My friends lawyer has appt. Set up for this Monday.
I been so so sick over this.
See my son let me use his store but he has never had clue what I post.
And I always pride myself in never causing him trouble.
That's my son ., how could I get him in trouble.. His own mother.
At the same time is a very valuable lesson
I would have never sold anything if I really knew how awful the trouble. Ever.
I don't want to sell anything at all if I'm not 100% sure its legit and Im not doing anything wrong.
I'm no thief, nor criminal :(
I just want this to go away
Without me hurting my son
And stick to my paintings and Xmas time I make custom socks.
There's a whole world of legit things to sell
I didn't pay attention
And now. .. :'(
However, even though the site effects have me mental
I do believe this is a lesson . and I will be OK and my son too.. This was a lesson for me to learn to be careful, knowledgeable and never to even think of selling copies of anything .
Its bad, its not honorable and in the end you lose way more than wtv amt. You make.
Ty |
| dachilla | 06-15-2019 11:38 PM | Re: Who has successfully ignored a Cease and Desist? If the account is in a family members or friends name, you absolutely have to comply with the C&D, there is no way around it. Ignoring it or letting dead lines go by will bring more trouble for your friend or family member.
If it's a stealth account that's another thing. First of all if you really sign a c&d letter in a false name that might be falsification of documents as the signing person doesn't exist. As mentioned previously the lawyer might try to follow the money and eventually end up with your name and address. However I doubt that he will do so. The time and cost to do so seems too high. |
| nickopedia | 06-16-2019 11:53 AM | Re: Who has successfully ignored a Cease and Desist? Again people, DO NOT respond to anything you get (such as C&D) especially if it's by email.
Email is not considered reliable, and stuff ends up in the spam/junk folder routinely. If you get a notice, you are best advised to STOP what you are doing and think. Responding can just make things worse.
People are just far too gullible sometimes and get scared by words in an email. Sheesh... |
| McLovin69 | 06-16-2019 03:17 PM | Re: Who has successfully ignored a Cease and Desist? [QUOTE=Loveinu123;1011257]My friends lawyer has appt. Set up for this Monday.
Ok, well as I said before I wish you all the best and hope that this blows over for you, keep us updated. |
| McLovin69 | 07-03-2019 01:41 PM | Re: Who has successfully ignored a Cease and Desist? Any news at all? | | All times are GMT -5. The time now is 06:01 PM. | |
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