Nike taking me to court! (Hewitsons Solicitors)

d123

saintscouple wrote: »

For me the OP has shown no remorse to his buyers for his actions. It's all about poor him. What about the people he has conned?

He has also committed a criminal offence each time he sold a pair of fakes, and could be given a large fine or up to 10 years in jail on conviction.

Offences

92 Unauthorised use of trade mark, &c. in relation to goods

(1) A person commits an offence who with a view to gain for himself or another, or with intent to cause loss to another, and without the consent of the proprietor—
>>

(b) sells or lets for hire, offers or exposes for sale or hire or distributes goods which bear, or the packaging of which bears, such a sign, or
>>
(6) A person guilty of an offence under this section is liable—
(a) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment to a fine or imprisonment for a term not exceeding ten years, or both.

saintscouple

I would just like to see op giving full refunds to all his buyers, no matter what the cost, and learn from it that way - no matter what the financial implications - it's the least he can do.

Edit: or of course he could go on the Jeremy Kyle Show lol

motorguy

saintscouple wrote: »

I would just like to see op giving full refunds to all his buyers, no matter what the cost, and learn from it that way - no matter what the financial implications - it's the least he can do.

Edit: or of course he could go on the Jeremy Kyle Show lol

Personally, i'd like to see all ebay scammers tarred and feathered, but thats unlikely to happen too.

The o/p is too busy wallowing in his self pity, and extracting advice from this thread on how to avoid paying for his wrongdoings.

Rosco1112

RoyaleMale wrote: »

I can smell the same thing. I doubt such a thing can happen, epecially with the data protection act.

Also the op has failed to mention any legal terms he's just claimed Hewitsons has informed him to pay them money which sounds very dubious.

Plus where's the evidence? How could Hewitsons prove the seller sold knock off items, an ebay account can be hijacked, fake details can be supplied to ebay. Surely Nike will not use solicitors unless they had evidence that such an offence was commited, can you imagine the bad publicity they would get if the trainers were real?

You are mistaken, what you will probably find is that a competitor/customer or Nike's fraud investigation unit on Ebay have realised these are fakes and bought a pair the customer must have sent them to Nike explaining these are fakes along with the sellers ID etc. Big companies work closely with Ebay to prevent this black market becuase it costs the economy billions of pounds a year so Ebay will be more than happy to shut down his account and provide all his details to Nike. Data protection plays no part here!!!

MKR you need to some how work out how much Nike will be prepared to settle for. Basically because this is your first offence in selling their shoes then all they are really interested in is that you will not do it again. Sooooo they basically just want you to sign a form when they eventually get around to issuing it to you, that you will never sell any form of Nike shoe again! not even genuine Nike shoes because once the form is signed and you were to do this again you will more than likely be sent to prison.

So find out how much they will settle for then they will send you this letter which you can sign but before doing so and sending any money write a letter asking for written confirmation that in doing this it acts as full and final settlement of the matter and they will not take any further action. They will send you a letter confirming this and hopefully you will sort this mess out without a criminal record or county court judgement against you.

Don't let this go to court, you say you thought these shoes were authentic but ignorance does not give leniency in the name of the law.

Oh and write 'without prejudice' at the end of every letter you send. This basically menas they will not be able to use these letters as evidence if it does go to court.

Hope this essay I have written helps you out mate

motorguy

Rosco1112 wrote: »

Hope this essay I have written helps you out mate

Mate? So this guy 'accidentally' sold 100 pairs of counterfeit trainers he deliberately imported from china on ebay without 'realising' they were counterfeit?? :mad:

People have bought counterfeits from this guy and others like him with their hard earned cash - why is he our 'mate'?

Wake up and smell the coffee guys - the o/p knew what he was doing, thus making him a scammer - and we're here advising him how not to take the rap for it??

Is this money saving expert, or money scamming expert?

FloFlo

pgilc1 wrote: »

While we're on the subject, i've been buying things off ebay for a friend in nigeria whos son is a missionary and was happy to pay £800 for mobile phones worth £50 for cash, but only after he has received the item. He seems to have been a bit forgetful with the paying for them part, and now i'm in deep trouble. It never occured to me that i was part of an international scam. Can anyone help me dig myself out of this too?

:rolleyes:

I think I bought your item for my son, don't worry its all above board. There is a cheque for £10, 000 on its way to you take your £800 out and send me the change in used notes (same address as phone please). Thanking you greatly sir.

Rosco1112

He is only 18 years old and looked to make a few pounds. People on Ebay buying these shoes at these prices will probably never know they are fake. I doubt very much they are of lesser quality than the authentic shoes, both are made in China!

Obviously not everyone will agree with me, it's a huge topic.

FloFlo

Rosco1112 wrote: »

He is only 18 years old and looked to make a few pounds. People on Ebay buying these shoes at these prices will probably never know they are fake. I doubt very much they are of lesser quality than the authentic shoes, both are made in China!

Obviously not everyone will agree with me, it's a huge topic.

Don't agree, if you advertised a product as genuine and sold me a fake I would expect you to be prosecuted to the full extent of the law.

motorguy

Rosco1112 wrote: »

He is only 18 years old and looked to make a few pounds. People on Ebay buying these shoes at these prices will probably never know they are fake. I doubt very much they are of lesser quality than the authentic shoes, both are made in China!

Obviously not everyone will agree with me, it's a huge topic.

Do you thus condone joyriding then as long as its only 14 year olds doing it? Or what if it were drugs being sold to make a few extra £'s? Or at what age is it ok to sell counterfeit goods and what age is it not? Or how far from the Nike factory is it ok to make fakes?

If you cant do the time, dont do the crime.

Rosco1112

FloFlo wrote: »

Don't agree, if you advertised a product as genuine and sold me a fake I would expect you to be prosecuted to the full extent of the law.

I would be very interested in your background. Have you always been a law abing person not breaking the law once? for example have you ever littered? If so then 'I would expect you to be prosecuted to the full extent of the law'.

People do make mistakes and I do not agree with Flo Flo. So you think a university student should be fines thousands of pounds for making a school boy error?

Fair enough if he had been warned and kept doing it again but it's the first time.