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Ebay. GHD Straighteners. Solicitors. Help Please!!!
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Has a case of this nature ever gone to court? I'd love to know the outcome.
Also, how did the law firm get the OP's details? Did eBay supply that? Is that allowed (privacy laws etc)?
S.0 -
simpywimpy wrote: »I meant a KNOWN genuine pair as the OP said she wasn't entirely sure they were genuine. It does seem unfair to be sent a bill for what has been described as a good faith sale
Which is where I have a problem. You are again assuming that the OP might not have genuine GHDs in which case I suggest they should withdraw them from sale. if you don't know if something is genuine it is best to assume they are not, and act accordingly not start making fraudulent statements.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0 -
Hi
Just wondered what your outcome was to the GHD/ Jemella problem. I too have received a letter from JMWs the same as yours and i'm not sure what to do about it. My situation is pretty similar to yours......
Look forward to your reply.
Davina
Hi
I have read your post re. the letter from JMW solicitors and your listing of the GHDs on ebay. I myself have received a letter from JMW today with pretty much the same content although it seems they have added a paragraph:
'.....lack of knowledge provides no defence to an action for either trade mark infringement or passing off. In any event, we note that our client has previously removed an ebay listing of counterfeit irons that was placed by you. Despite this removal, and you subsequently receiving an automated email from eBay explaining why the irons were removed, you chose to re-list the irons on at least one occasion.
We would strongly advise you seek independent legal advice as to the contents of this letter'.
My scenario is slightly different to yours and I would like advice if possible from anyone who can help, before I contact the solicitiors.
Around feb of this year my partner spotted a pair of the new pink GHDs on ebid. As my gHDs had broken we decided to purchase the pink ones from ebid - it was the first time either of us had used the site and we set an account up with my details. To be honest I did not know whether they were genuine or not when we purchased them - I am not sure how you can. We paid around £60 for them in the hope all would be ok.
They came and looked absolutely genuine - I comared them against my others which were also the new MK4 and the box, CD, booklets etc looked as normal. They also worked just like my others but then suddenly stopped working about 4 months later. I decided to sell them on ebay - I sold my other broken ones and had no problem. I stated they were broken, put on a photo and gave all the relevant details. Then they got removed and I got the automated email from ebay but I decided to re-list them - mainly because as far as I was concerned they were genuine (in hindsight, stupid to relist I know). They had the hologram, serial no. etc which I then stated on the relisting. I sold them for about £30 maybe a bit less - the sale was possibly the day I relisted them. That was it!
Now I have the letter. I am worried as they are asking for £200, implying I am trading counterfeit ghds (they can aparently be classed as counterfeit if Jemella are unaware you are 'supplying' them?).
I have read the other posts and will write back with the truth - my details are limited though as it was a while back.
Does anyone have any suggestions - I am concerned as I sold them and didn't end up giving them away like the other post said.
This was a genuine mistake and am hacked of as I have neither the time nor the money to pursue.
Grrrrrrrrrr!!!!!!!!!!![/QUOTE]0 -
Has a case of this nature ever gone to court? I'd love to know the outcome.
Also, how did the law firm get the OP's details? Did eBay supply that? Is that allowed (privacy laws etc)?
S.
While I approve of any attempt to stamp out counterfeits, this seems heavy handed to say the least. I wish I had the time and money to buy a genuine pair, from an approved distributer, then list them with a generic photo on ebay, and see what happens then. I like to see the proof they have they were counterfeit in court.0 -
So are they genuine or not?
You can enter the serial number on the hologram label on the ghd website to register them and that will tell you.0 -
Please can someone help me, I too have received a letter of the same nature from JMW solicitors - they are demanding £350 by 10th Dec but I do not feel I have done anything wrong and in any case do not have that kind of money, can someone who has gone through this, let me know how you resolved it.
Many thanks!0 -
Get to the CAB (Citizens Advice Bureau) ASAP if I were you.
I havet read the whole thread but my impression is that someone out there is making a lot of money out of innocent people selling genuine 2nd hand product on Ebay.£2 Savers Club 2016 #21 £14/£250
£2 Savers Club 2015 #8 £250£200 :j
Proud to be an OU graduate :j :j
Life is not about waiting for the storm to pass but learning to dance in the rain0 -
ALL
why dont u go buy a pair for £100 keep receipt
then email solicitors the serial number and then take them back
hopefully they will just see they are real
newbie
save u morethan paying £350+0 -
newbie1980 wrote: »ALL
why dont u go buy a pair for £100 keep receipt
then email solicitors the serial number and then take them back
hopefully they will just see they are real
newbie
save u morethan paying £350+
Fraud what a great idea!:rolleyes: I'm sure part of the serial number will tell them when they were manufactured so a great way to get into more trouble0
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