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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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We are a small family independent wine business - our

Resolved Question:

Hello - We are a small family independent wine business - our Italian Sommelier downloaded an image in Feb 2016 for our ecommerce website by accident that belonged to a food image library they are now demanding a payment of £1600 - £3000 within days.
As soon as the image was identified we removed it & sent them a letter of apology (we usually buy our images from ShutterStock with whom we have an account)
When looking online there are various comments about this company and their aggressive approach - what next?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Have they threatened to commence legal proceedings against you? How long was the image on your site for? Kind regards AJ
Customer: replied 1 year ago.
They have demanded a payment within a week - followed by higher payments & then legal challenge
They say that it was uploaded in 2014 but the site was not built until 2015 - our sommelier downloaded it in Feb 2016
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. I would write back to them as follows:(i) say you are not prepared to accept these threats;(ii) There have no right to continue increasing any fees for which you deny any liability;(iii) Say you immediately removed the images as soon as the issue was raised, and they have provided no proof that they either own the images or that they have suffered anywhere near that loss;(iv) It is a criminal offence to pursue someone for a debt they do not owe or to cause harassment S.40 of the Administration of Justice Act 1970;(v) Say if they continue to pursue you, your reserve the right to seek to recover the costs of defending yourself. If they if continue to chase (or even sue you which is their prerogative, rightly or wrongly) then I would recommend trying to settle this matter - may offer them a couple of hundred pounds in recognition of the limited usage, but make clear the sum they are demanding is not in proportion to any losses they have suffered. I look forward to hearing from you.Kind regards AJ
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Expert:  Alex J. replied 1 year ago.
Hi, I am afraid I am not available for a phone call at this moment - can I assist any further on this Q and A thread? Kind regards AJ