Legal advice

  1. Stingray Member

    Messages:
    444
    Location:
    Northern Ireland
    My Stepdaughter Is in the process of starting a part time business doing Botox type work, she’s spent a good few grand doing up the garage and getting ready, next step was the social media, website and twitter path to try and get some customers, she is a fully trained nurse and was wanting to go down this route to spend more time at home with the grandkids, she picked a name for the company but it’s only going to be run as sole trader type thing.
    To cut a long story short she was only up and running a few weeks and any work she got was from friends and family, suddenly a letter arrives through the post from a solicitor saying a ltd company from England with the same name wanted her to cease trading as that name and pay £750 costs to them, when I looked up company house there are about two more companies with same/similar name, to make it worse the guy that owns this company has phoned her up and demanded £1000 of her or else he’ll call the police and take her to court and said it’ll cost her 5 figures and she’ll end up with a criminal record and never be employed as a nurse again.
    I have told her to see a solicitor as basically in my eyes he should be done for harassment, extortion, blackmail and the only thing she has done wrong was make a genuine mistake of picking a name that someone else has been using, I’ve told her not to answer the phone or respond to any emails, also to top it off my step daughter got in contact with others that have a similar name to warn them and he’s been in touch with some of them trying the same nonsense, any advice would be greatly appreciated even for piece of mind but I have told her to see a solicitor only to correspond through a solicitor.
     
  2. gaz1

    gaz1 Forum Supporter

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    9,887
    Location:
    westyorkshire
    Stingray likes this.
  3. Craig-SM

    Craig-SM Member

    Messages:
    749
    Location:
    Leeds
    It’s not a criminal offence so would have nothing to do with the police and she wouldn’t have a criminal record either. It does come under commercial law though so would be wise to speak to a commercial solicitor for advise.
    PM me the name used by your daughter and the limited company. I can have a nose around and see if there is any conflict or competition which would be the basis of their claim for damages. Any such claim would have to be justified rather than plucking figures out of the air.
     
  4. Stingray Member

    Messages:
    444
    Location:
    Northern Ireland
    Hi Craig SM, she has changed the name and changed website and twitter accounts, she should have checked before hand but it was a genuine mistake, I’ll pay for a solicitor for her as she’s skint with having young family and kitting out the garage, I’ll see how it pans out but if it continues I’ll pm you!
     
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  5. Craig-SM

    Craig-SM Member

    Messages:
    749
    Location:
    Leeds
    PM me anyway as they’re a few things you can check before seeing a solicitor and going armed with the relevant information saves the solicitor looking it up and charging you for it. A commercial solicitor will charge you around £200-250 + VAT per hour
     
    Wany, eLuSiVeMiTe, stuvy and 2 others like this.
  6. slim_boy_fat

    slim_boy_fat Forum Supporter

    @Stingray and @Craig-SM I'd be interested to know when these Companies were registered.

    Could it be remotely possible that he registered them after seeing her [anti :mad:] Social media posts and those of the others? It'd just need a couple to fall for his 'threats' and he's quids in.....:whistle:
     
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  7. Are both companies in the same trade? Has your Daughter got the website with the name? Has she registered her company? You get companies with the same name but with different interests. Has the other party got a trademark on the name?
     
    Hopefuldave likes this.
  8. Stingray Member

    Messages:
    444
    Location:
    Northern Ireland
     
  9. Stingray Member

    Messages:
    444
    Location:
    Northern Ireland
    Unfortunately yes they do the same thing but she’s not even in mainland Uk, just naivety and bad luck when choosing the name which now has been removed..
     
    Alan Reynolds likes this.
  10. I remember when Posh Spice Victoria Beckham, tried to stop the Peterborough United supporters from using the word POSH. She was unsuccessful, even though she had registered it because Peterborough had historic rights to the name.Cost a fair few bob that.
     
    stuvy likes this.
  11. Craig-SM

    Craig-SM Member

    Messages:
    749
    Location:
    Leeds
    Sorry, I can’t comment like I wouldn’t for any advice given in private
     
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  12. stuvy

    stuvy Member

    Have a rebrand and take a few moments to think of what she can build as a brand as opposed as to what google will show up with search results
     
  13. addjunkie

    addjunkie Member

    Messages:
    5,838
    Location:
    Northumberland. Reet oot in the sticks
    Seeing a brief is correct, but she should also register the other companies threatening behavior with the police. It is not acceptable to phone someone demanding money in a threatening manner.
     
  14. Hmm. He probably has historic rights to it then. If she really likes the name, find a way of changing it enough. That's why you hear people on TV saying, "not to be confused with companies of a similar name". If she's got the website name and he hasn't, that may be why he's miffed. It gets difficult when it looks like a new company is trying to get trade on the back of an established company. Check if he's got the trademark or website.
     
  15. slim_boy_fat

    slim_boy_fat Forum Supporter

    "Running for a few years but he’s definitely trying to make a few quid out of this..."

    Remember the chap who in the early days of the interweb, registered the domain name B&Q hoping to sell it to that well know retail chain?

    They outdid him by registering diy.com instead. :clapping:
     
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  16. Richard.

    Richard. Forum Supporter

    Messages:
    18,343
    Location:
    Cambridgeshire
    I’d tell him to do one if he made threats to me like that. WTF. Police, criminal record!!! He’s after a scare to make quick buck.

    So she made a mistake. It’s her first year in business, she’s corrected that mistake now and she wants to crack on.
    I’m no law expert but If he threatened me with court over that I’d tell him to go right ahead and if he wants to summon me I’ll be there.
    A court isn’t going to award him a figure he’s pulled out the air. He has to prove her mistake has financially cost him that figure.
    Tell him you’ve recorded his recent threatening phone call and you’ll be very happy to play that infront of a court if he likes.
    A court is not going to be interested in fining and potentially closing your daughters business down because of a simple rookie (now rectified) mistake that’s not actually caused any financial harm to anyone. I’d just carry on as normal and keep notes, record future calls.
     
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  17. slim_boy_fat

    slim_boy_fat Forum Supporter

    I might be wrong [it happens :ashamed:] but under telecom regs you have to warn the other person that the conversation is being recorded....hence the usual "your call may be recorded for training purposes" we get from large(r) organisations and most businesses.

    Could be enough to stop him in his tracks, come to think of it. :thumbup:
     
  18. WorkshopChris

    WorkshopChris Forum Supporter

    Messages:
    4,825
    Location:
    South East Essex
    This is the giveaway with this type of moron, always the same type lots of shouting and threatening bully boy tactics.
    Its especially good when this happens in public, and you can then inform them that if they call the police the odds are they will be the ones with a problem as it is a civil matter, not a criminal one so they won't be interested, but wasting police time and threatening behaviour, on the other hand, is there intrest.
     
  19. Shox Dr

    Shox Dr Chief Engineer to Carlos Fandango

    Messages:
    14,808
    Location:
    East Yorkshire
    I had a similar type email from a company about 25yrs ago. Said they were going to do this and that, sue me for everything etc. Turned out they wanted my domain name, that I had registered shortly beforehand.

    Told them to do one. never heard back again, weird as they were/still are a big company.
    (I still own the domain name:D)
     
  20. I don't think you do have to warn anyone about recording them.
     
    Stingray likes this.
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