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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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AJ. Sorry it has been so long in my getting back to

Resolved Question:

Hello AJ.
Sorry it has been so long in my getting back to you. I have not heard fro Getty Images direct. I have however received an e mail from a debt collection agency.
received on Christmas Eve.
Letter from them and my response below.
Can you please advise?
I do hope you had a lovely Christmas.
Happy New Year.
Kind regards.
Valerie Harber.COEDLLYS UCHAF COUNTRY HOUSE
LLANGYNIN, ST. CLEARS
CARMARTHENSHIRE SA33 4JY
24/12/2015
Your reference :
Case Number :(###) ###-####Amount : 600.00 GBP
Re : Unauthorised Use of Getty Images’ Photograph
Dear Sirs,
IMPORTANT: FAILURE TO RESPOND TO THIS LETTER MAY LEAD TO LEGAL ACTION BEING TAKEN
AGAINST YOUR BUSINESS.
We refer to our previous settlement demand letter to which we have not received a
reply.
You have been notified that unauthorised use of the image(s) consitutes copyright
infringement under the Copyright, Design and Patents Act of 1988. Copyright
legislation provides for strict liability, meaning that you can be found liable for
infringement regardless of your level of knowledge of the infringement or your intent.
You should now make payment of the full outstanding amount within 5 days of the date of
this letter, payment should be transferred into our bank account 20423165 SORT CODE 20-
18-15 IBAN Code GB38 BARC 2018 1520 4231 65 SWIFT Code BARCGB22 BARCLAYS BANK PLC
CARDIFF BUSINESS CENTRE PO BOX N° 69 CF10 1SG CARDIFF, stating our reference number.
If you prefer to pay by cheque, we instruct you to make the bank cheque(s) payable to
ATRADIUS COLLECTIONS.
ON-LINE: www.payatradius.com
Voice recognition Tel No.: *********** Cheque: Make the bank cheque(s) payable to ATRADIUS COLLECTIONS quoting our ref

We can also accept debit card payments over the phone with a transaction fee of £2.50.
Credit cards can be taken but the will incur a transaction fee of 2.5% of the amount
paid at a minimum of £3.50.
This facility can also be easily accessed online without the need to make contact with
our office. Payments can be made securely by going to www.payatradius.com.
We urge you to comply with our request, if you do not respond we will have little
alternative but to advise our clients to escalate this issue through a law firm. If
done so, costs incurred, if legally recoverable, could be charged to you.
If payment has already been made, or you believe you have received this letter in
error, please inform us immediately.
Yours faithfully,
GREG BONSER
Atradius Collections
Tel. : +44 (0) 29 2082 4077
Fax : +44 (0) 29 2082 4508***@******.***

Reply.
Dear Mr. Bonser,
I refer to your demand e mail of today sent at 7.15pm Christmas Eve (24th December 2015).
You make reference to your previous correspondence. I have not received any previous correspondence from you relating to this or any other matter, either by e mail or letter. I note that you have not attached a copy to this e mail.I have responded in full to Getty Images and am in fact awaiting a response to my last e mail to Getty Images, dated
30th October 2015.
I am unable to obtain legal advice on this matter as you have waited until everyone has closed for the Christmas holidays before
sending out your “Demand” e mail, making your unwarranted demands impossible to act upon in the time frame.Happy Christmas.
Yours faithfully,
Valerie Harber.See More from***@******.***
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
I have read this thank you. What is it you would like to know specifically about this? I note you are waiting to hear back from Getty.
Alex
Customer: replied 1 year ago.
Hello Alex,
Do you have access to the e mail sent to AJ and the advice given? Do you need me to forward this info to you?
I am awaiting a response from Getty. As you can see I e mailed "Anne" at Getty on 30th October as advised by AJ and have not received a reply.
The debt collector states they have contacted me before receipt of the Christmas Eve e mail, which they maintain I have ignored.
I have not received any previous communication from them.
This I think is another Bully tactic.
I sent another e mail to "Anne" this morning and have yet to receive any response.
(She may of course be away until the New Year).
Kind regards.
Val Harber.
Expert:  Ash replied 1 year ago.
Yes I have seen it Val. However I dont think you should pay. Any email you send you should get a delivery receipt and read receipt in future, you should be able to amend your settings to this.
I agree as to your reply. Do not be forced into giving a response. What you have been sent is standard, its nothing else, not personalised its a usual copy and paste letter.
So do not pay until you get a response. Remember any emails you send should be send with delivery and read receipt.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
I shall try and get that sorted today. Thank you Alex.
Can you advise me where my best defence is in this matter? is it because they have acted
against the law in accordance with S.40 of the Administration of Justice Act 1970 - on the basis they have not satisfactorily explained what law I am alleged to have broken;
or
that there is a case from last year in the European Court of Justice called Svensson (C-466/12) - which states that a free to access websites that posts links to protected works on other sites without permission of the copyright holder would not be guilty of infringement.) or for another reason? This will help focus my mind on this matter.Where can I find out more about the European Court ruling?
I look forward to hearing from you.
Happy New Year.
Kind regards.
Val.
Coedllys.
Expert:  Ash replied 1 year ago.
The case is here
http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d2dc30dde0301eda7a4e4d21b110a54c8a460a8c.e34KaxiLc3qMb40Rch0SaxuSahr0?text=&docid=147847&pageIndex=0&doclang=EN&mode=lst&dir=&occ=first&part=1&cid=1531668
They haven't acted illegally. But they have not told you what law you have breached which is what they need to.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hello Alex,
Thank you for the link.
How long should I wait for a response from Getty Images? how many times should I re send the mail requesting a response?
Should I just ignore any further correspondence from the debt collectors and just keep attempting to get a response from Getty?
Thank you.
Val.
Expert:  Ash replied 1 year ago.
Yes I would wait until Getty respond. If they write then just respond and say you are waiting for their client to respond
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hello Alex, Sorry my server keeps dropping off.
How long should I wait to hear from Getty? How many e mails should I send? Should I re send on a weekly basis for example? What would deemed a reasonable waiting time. Do Getty have to have judgement against me for example before
they can send in debt collectors? I have of intentions of paying these people, but it is good to know.
Thank you. Val.
p.s. will do your rating .
Expert:  Ash replied 1 year ago.
I would only send the one and get a read/delivery receipt. Then if you are contacted again by debt collectors send them a copy of the email and say you are waiting for the client to respond.
Alex

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