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July 19, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I have received a warning regarding the following issue.
I operate 3 accounts on eBay as a commercial seller, selling a variety of electrical materials. I have also offered energy-saving lamps for sale, which I sourced from a Hungarian electrical wholesaler exporting them from China.
The value of the lamps listed ranged from 1 to 12 euros each, with a total value of all light bulbs not exceeding 300.00 euros.
I received a warning from a lawyer. I signed the cease and desist declaration and sent it back.
Then came the bill. Cost reimbursement of 1657 euros with a disputed amount of 50,000 euros.
The amount of the cost reimbursement is causing me some concern and seems too high.
Dear inquirer,
Thank you for your inquiry!
Below I would like to address your questions taking into account your input and the description of the situation:
Unfortunately, it is not possible to conclusively determine from a distance whether the warning and thus the cost claim are justified.
At least the 1657.- € are correct with an average fee value of 1.3 calculated from the 50,000.- €
However, first insight into the warning and your E-Bay offer would be necessary to assess whether the amount of 50,000.- € as the subject matter value is justified.
Very often, the subject matter values are intentionally set too high. This could only be determined after examining the warning.
Even if the warning should be justified in principle, the requested amount can often be negotiated down significantly with the help of a lawyer.
My law firm would be happy to assist you in defending against the warning. In case of an assignment, I would credit you the initial consultation fee paid here in full.
I hope this has provided you with some initial legal guidance and wish you all the best and much success!
I would like to finally point out the following:
The legal advice I provide is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive review of the facts. By adding or omitting relevant information, a completely different legal assessment could result.
I hope my explanations have been helpful. You are welcome to contact me within the follow-up option on this platform or via my email address.
I wish you a pleasant rest of the Sunday evening!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney-at-Law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
