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Ask James Mather Your Own Question
James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I purchased a Rosetta Stone language course from a website

Customer Question

I purchased a Rosetta Stone language course from a website in America. I never used the software and after a few months decided to sell it on EBAY. When I advertised the product I was contacted by Rosetta Stone who said the copy was a fake. I explained to them I purchased the software in good faith, that it was a single copy and I was unaware it was fake. They are asking me to pay them £600 in compensation. They say that if I do not do this by Tuesday next week they will Sue me and I will be liable for the costs. They are also threatening me with a criminal record.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Do you have a specific question?
Customer: replied 4 years ago.

I need to know if they can require me to pay them £600. I am not a criminal and was not copying the software. I simply purchased it online using my credit card and then tried to resell it many months later when I decided I was not going to use it.

Expert:  James Mather replied 4 years ago.
Have you given them the link that you bought it from?
How did they contact you?
Customer: replied 4 years ago.

I have given them the link. They contacted me via letter. I responded by email and they have since sent me two emails. They say I have until Tuesday to accept their out of court settlement otherwise they will sue me and I will be responsible for any costs. The site is still active and selling their fake software. It is





Expert:  James Mather replied 4 years ago.
It is under £10 k and even if they win, they will not get solicitors costs, only court costs which are fixed.
Dont respond by email any more. It is too easy. Tell them that you will be unable to reply any more by email and that they must contact you by Royal mail and you will only deal with correspondence from their solicitors. If they continue to contact you tell them that they are harrassing you and you reserve the right to refer the matter to the police under Protection from Harrassment Act.
Dont give them yr address even if they ask. Ignore their requests for it.
To be frank it isnt worth sueing from USA unless the amount is about £15k as it isnt logistically worth it.
To be honest they would be stupid to take you to court becuase the most they could hope for is the loss they have suffered upon the sale of one course is that profit BUT, if you havent sold it they suffered no loss.
Wait till you get a solicitors letter and even then, I am of the opinion to tell them to get stuffed

Customer: replied 4 years ago.

Although the website was in America it is actually the Rosetta Stone UK legal department who are asking me to settle. Does this change anything?






Expert:  James Mather replied 4 years ago.
It makes it easier for them logistically but my answer remains the same.