Forum

Fizzy best thing to do is say nothing nothing at all!!!! Case closed dont send any email or letter or....anything!

IMO they were not being rude above but that said a few here have no sympathy for us "counterfeiters" lol they never ever ever never sold it to get started they have all 100% genuine goods and always have. thats why they are here they got "suspended" for selling genuine. ;)

I've had one of these recently. Basically I gather they want you to sign what is called an undertakings, make sure you do not sign anything. They will need a court order to start looking through your eBay and PayPal. This is a long and lengthy process which they wont bother with. Do they ask you in anyway to cover any costs of the letter etc?

If you have replied admitting more or less to selling infringing products regardless of ignorance (which doesn't excuse you in this case) then stop communicating from now on. Do not sign anything, most of these letters come with an 'undertakings' which is a contract which is worded in a way to make it sound that your just signing to say you wont sell again however they can land costs on you, pursue the case further (because of your admittance) on to the appropriate law enforcements.

Chances are they don't have any of the products that you sold, so in the eyes of the law you haven't committed an offense because there is no evidence of the items which they claim to be infringing products. They send out these letters in mass amounts, usually to those registered as business sellers on eBay because their address, email and telephone number can be found under 'contact details' and then will send them out accordingly. Sometimes it can be months after your item was pulled off. At the end of the day all you have to remember is these three things:
1. Do NOT admit to anything, if need be write on the envelope 'Not Known At This Address' and put it back in the postbox.
2. Never SIGN anything, this can cause a lot of problems and you are basically leading yourself open to all sorts of issues.
3. Check out the people you sold the items to, a simple Google search will do and after their name put things like 'trading standards', 'the companies name' etc. and see if they have ever bought one of the items off of you.

Proof. Even if they bought from you and used that as proof that won't work. I could buy a f@ke anywhere and say the seller sold it to me all day long. Proof means they come to your house and find it there or in your car. That's the cops I'm saying, not some cheesy lawyer or a rosetta stone employee. If you keep selling on that account they have to trace you to your supply and connect the two in physical form. Even if you admit to it they have to have proof. I can go to the police station and say I sell crack and they won't bust me until they find dope on me.

If they sue you with what I said above ( no arrests) you can counter sue them right into the ground.

You got legal advice for a few dollars on a website? That's interesting. Anyone ever heard of anything like this?

There is a website called justanswer...pile of crap really!

Now, Vimto. You've had nearly 50 answers all saying basically the same thing.

For someone with a law degree... You should know this!

DON'T HAVE ANY CONTACT WITH THEM. DO NOT ADMIT TO ANYTHING. DON'T SAY ANYTHING. Don't do their job for them. (As my solicitor once told me ;) )

OK< I've read the thread and gone bug-eyed. This is just for Fizzy to answer, and only Fizzy.

Is your continued worry from a legal stand-point or from an emotional point of view because of your parents' involvement?

You have covered your bases well enough from the legal side.
Work out quickly how to deal with the emotional side.

Let me know that's in hand and the thread is being closed after your answe:peace:

Cheers green, very helpful. I had another reason to ignore and thats definitely what im doing. Letter was standard first class post. No proof of delivery :)

Post can be closed, i wont be contacting them.