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Small claims court against Polish seller/website

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Comments

  • kat5
    kat5 Posts: 9 Forumite
    private knee capping service? :shocked:

    We Poles stick together ;)
  • kat5
    kat5 Posts: 9 Forumite
    kat5 - send me a private message on here - I can help you out. If you can write me the private message in Polish, I'll be more than happy to help you. I can't say publicly how I can help, but - let's just say I can ;)

    Heheh sounds promising :)
  • Meepster
    Meepster Posts: 5,955 Forumite
    private knee capping service? :shocked:

    LMAO - post of the day so far...
    If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands

  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    I understand that this must be annoying for you but it sounds like your gearing up for a potentially expensive and time consuming battle to prevent somebody using material you supply for free on youtube.

    Now whilst this is annoying, it doesn't affect any income of yours does it? So I'd advise against spending money to seek legal recourse.

    By all means try and contact allegro and the seller to prevent it but I think that even of you were successful the user could quite easily set up another account and begin the whole process again.

    Just my two pence worth. After all it is money saving expert were on.
    Back by no demand whatsoever.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    After all it is money saving expert were on.

    Damn, i thought this was knee cappers anonymous :(

    *sigh* back to the drawing board i guess :cool:
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Vomityspice
    Vomityspice Posts: 637 Forumite
    Part of the Furniture Combo Breaker
    edited 28 June 2010 at 3:31PM
    You do know that you can make small claims applications up to €2000 that are enforceable across Europe?

    Article 33 of the Brussels Regulations require all member states to recognise and enforce judgments of other Member States.

    Send the person a letter before action and then perhaps give him some helpful guidance in your ability to enforce any judgement. He may well stop... but if he doesn't then make your application, get your default judgement (as they are never going to turn up!) and then you would need to consider registering your judgement in the Queens Bench Div (High Court). The details of how to do it are set out in CPR Part 74 where European Enforcement Orders are explained.

    This is not that expensive, google EX50 for the current costs for court applications.

    See http://tiny url.com/lvlyto - remove space!
  • woody01
    woody01 Posts: 1,918 Forumite
    I'm still trying to grab a look at the OP's photo :p
  • kat5
    kat5 Posts: 9 Forumite
    You do know that you can make small claims applications up to €2000 that are enforceable across Europe?

    Article 33 of the Brussels Regulations require all member states to recognise and enforce judgments of other Member States.

    Send the person a letter before action and then perhaps give him some helpful guidance in your ability to enforce any judgement. He may well stop... but if he doesn't then make your application, get your default judgement (as they are never going to turn up!) and then you would need to consider registering your judgement in the Queens Bench Div (High Court). The details of how to do it are set out in CPR Part 74 where European Enforcement Orders are explained.

    This is not that expensive, google EX50 for the current costs for court applications.

    See http:// tiny url. com/ lvlyto - remove space!

    fantastic, thank you so much! :) this is exactly what i needed!
  • Vomityspice
    Vomityspice Posts: 637 Forumite
    Part of the Furniture Combo Breaker
    Forgot to add, don't forget to add the auction site as a party to the claim. They won't appear for your default judgment either, but they are more likely to ban the offending user when they are served with a claim for damages. As you appear to have made them aware of the IP infringement, and they appear to have done nothing, then you can claim damages from them as well.

    The most likely scenario is that on receipt of your claim form the auction site will ban the user. There is nothing to stop them using any other type auction site.
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