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abmahnung recieved (ebay gewerblicher verkäufer) commercial seller

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Hi TT members,

once again I am here looking for your Help/Advice. Hope you guys doing well.

 

I am a commercial seller of ebay and recently got a abmahnung from a lawyer called scholz (aus hannover), who representing a handy company of ebay. Dispute amount ist about 1200€ (1,3 Geschäftsgebühr §§2, 13 RVG, Nr. 2300 VV wert : 20000 euro) with 7 days notice period. 

the lawyer pointed out 3 reasons and 2 of them are silly (missing some text form in my auction).

First I thought it was a threaten (because.. as a commercial seller, i receive often threatens including from scammers with false lawyer names)

but this one has become serious. He filed a case in the court (online) on the 8th day and i got a letter from the Court saying Beschluss with following..

Kotenfestsetzungantrag
1000€ (1,3 verfahrensgebühr §13 RVG, Nr. 3100 VV RVG)

Gegestand 16000€

 

I understand in this case I need to proceed with a lawyer.

I dont have rechschutz versicherung, as the contract is very expensive for me because I am not a a full time seller in ebay

So in this case without giving my details I contacted 3 different lawyers online, who are familiar with this particular case.

they offered me nearly a price of 500€

 

My questions are..

1. first letter from laywer says, 1200€ (1,3 Geschäftsgebühr §§2, 13 RVG, Nr. 2300 VV wert :Gegestand 20000 euro)

and second letter from Court says, 1000€ (1,3 verfahrensgebühr §13 RVG, Nr. 3100 VV RVG :Gegestand 16000 euro)

both have different amount and different letters in brackets.

are these 2 different settlement ?

or 1 settlement with 2 different names ?

 

2. instead of paying 500€ for a lawyer. I feel its good to give a try for a negotiation with the lawyer, who sued me. is it a good idea contact him with my details for a negotiation? or should I deal with the lawyer ?

 

Thanks guys and stay safe.

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1 hour ago, jay107 said:

 

 

I understand in this case I need to proceed with a lawyer.

I dont have rechtschutz versicherung, as the contract is very expensive for me and blah blah blah...

 

 

Translation: "I thought these kinds of things happen to other people, not me!"

 

It's the same thing that happened to an acquaintance of mine who cancelled her supplemental dental insurance plan because she thought it was just "money down the toilet" since she only got professional cleanings twice a year...and now she's trying to pay off a €9.000 bill.

 

Insurance...if you're not asking for it--you're asking for it!

 

(You can't afford €45 a month for an insurance package that also includes legal insurance???)

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OP- sounds too complicated for online advice. Just pay the fines or pay a lawyer. And get legal insurance for next issue!

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