Someone using my business name, what to do?

[Metamorfosis]

Right OK... here goes

There's a girl in my area (unqualified, uninsured, and claiming benefits whilst working on the side) who is telling people that she is me, using my business name. I have a pretty good reputation, and now I'm having to spend time rectifying the damage she is doing to said reputation...

Do I seek legal advice? Is it worth it? I can't allow it continue so something needs to be done, but no idea where to start really.

K

 

[Lynne Baker]

If you already have access to the salon geek Dropbox folder there is a template letter for just such an occasion. It's called Passing Off.
If you don't have access you will need to pm me your email address and I will send you an invitation to access the folder.

 

[Tomme]

Right OK... here goes

There's a girl in my area (unqualified, uninsured, and claiming benefits whilst working on the side) who is telling people that she is me, using my business name. I have a pretty good reputation, and now I'm having to spend time rectifying the damage she is doing to said reputation...

Do I seek legal advice? Is it worth it? I can't allow it continue so something needs to be done, but no idea where to start really.

K

That not nice.
All your hard work and time. It's a slight compliment that she has noticed your so good she's decided to pretend to be you.
Is she also using your personal name that's on your passport and birth certificate (and is it different to her own real name?) if so its also identity theft.


Could it be a genuine mistake? Does she know its a business name you use? Are you 100% sure she's uninsured? Iv not checked if your in the uk, but if you are you need to remember its not illegal to trade in outlr industry while being unqualified.

Are you 100% sure she's claiming benefits? Did you know it's ok to work while on benefits? As long as its under 16 hours and you declare all your earnings (all earnings are taken off the benefit penny for penny until all benefits are taken away.). I would report it if you are sure she is in recipt of benefit, but she may be declaring. Xoxo

 

[Metamorfosis]

Thanks Lynne, I've not managed to get hold of her address yet but I'm hoping to soon.

Yes she is definitely claiming benefits, often brags on social networking sites about how much she's making on the side (£8 approx per set of nails so I imagine she exaggerates)

She's well known in the area for being very brash and got an awful potty mouth, if anyone dares complain about her work they get a public mouthful.

She is aware it's my business name, she is definitely doing it on purpose, using my reputation to gain clients, not using my personal name though, just basically telling people she runs the business and she is me (metamorfosis)

Have tonight approached her about it to be told she couldn't give a **** and she will do what she wants

Ugh?!

Sent from my GT-I9300 using SalonGeek

 

[Tomme]

Thanks Lynne, I've not managed to get hold of her address yet but I'm hoping to soon.

Yes she is definitely claiming benefits, often brags on social networking sites about how much she's making on the side (£8 approx per set of nails so I imagine she exaggerates)

She's well known in the area for being very brash and got an awful potty mouth, if anyone dares complain about her work they get a public mouthful.

She is aware it's my business name, she is definitely doing it on purpose, using my reputation to gain clients, not using my personal name though, just basically telling people she runs the business and she is me (metamorfosis)

Have tonight approached her about it to be told she couldn't give a **** and she will do what she wants

Ugh?!

Sent from my GT-I9300 using SalonGeek

What a nasty thing to do. I would be inclined to call the job centre Monday and report her, also contact a solicitor.
Call your insurance to let them know, you never know if someone may claim against you because of her work.
Be very understated about it all. Don't go about with a banner covered in flashy lights saying she's a fraud (although I guess you would love to). A small comment to clients like "I think someone around here's using my business name as I'm getting complains, at least you get the real me eh?" Word will
Soon spread.

Hope you get it sorted soon. But I'm sure your reputation will be fine. And once its all over do a campaign with, have you had a mess with your nails? Was it by my business name? If so please come to the real x name and recurve a discount of £x remember genuine diamonds last longer and sparkle more than glass.

Reminds me of the saying, you can't polish a turd but you can make it sparkle with glitter (she's blinding people with te price rather than the quality) xoxo

 

[bobbyrazz]

If she is frauding the benefit system, please do report her. Benefits are there for people who genuinely need them... It really boils my blood.

As far as her pretending to be you, I don't know what you can do about that, maybe Citizens Advice or something would be able to help?

 

[Lynne Baker]

Um, the letter that I've put on dropbox is what she needs to do!

As far as addresses go, that's easy to find out!
Just pm me her details and I'll see what I can do!

 

[jenny miles]

Definitely report her, you need to nip this in the bud. She could cause you all sorts of problems. If she doesn't stop after you have approached her about it I would seek some legal advice! Keep us updated. Good luck. Xxx

Sent from my HTC Desire S using SalonGeek

 

[Debs001]

I hope Lynne's letter will help but in the meantime tell your existing clients what she's doing so they can at least advise anyone else they may recommend you to that you are not this person (unfortunately thats not going to help with new clients she takes on and thinks its you, but just ignore her and spread the word that you are so good people are trying to pass themselves off as you, she will b made to look the fool she is).

 

[Tomme]

Um, the letter that I've put on dropbox is what she needs to do!

As far as addresses go, that's easy to find out!
Just pm me her details and I'll see what I can do!

Is that 192.com?
Love that site xoxo

 

[Catherine S]

Ah that is horrible. A similar sort of thing happened to us, where a South African customer that we supplied solution to a few times renamed her actual business to Fresh Indulgence over in SA, then got into all sorts of things like running Groupon deals for hair straighteners and never delivering the goods to people. She sold 25 tanning machines to one guy under our name (never delivered)! People trusted her because they thought she was an official distributor of our products and handed over their money, even though a lot of what she was selling was stuff we don't even do like hair products.

The only positive thing I can say is that when all these people got in touch with us asking us why our SA rep wasn't answering their phone calls, we ended up making a lot of new friends because we did what we could to help them (wrote statements for their credit card companies and so on so that they could recover their money), and then they realised how a decent business really behaves. A lot of them were salons who then took the time to learn about who we really are and have since introduced our products.

It's really upsetting to have someone abuse your name like that, and like you, we felt almost powerless to stop it (our name is trademarked but South Africa is exempt from it being enforced, they have their own rules)... but if people have a bad experience, and by the sounds of this woman they will, they're most likely going to want to complain about it.

If she told you "she couldn't give a ****" she will say the same to them which will really upset people to the extent that they will probably have a look around under your business name for a way to make their complaint heard. You might then get people emailing you or phoning you - at which point you can explain what has happened and be united in your mutual sense of injustice!

Of course the ideal scenario is to stop her, but just saying, try not to worry too much in the mean time... it will catch up with her and when people find out they've been tricked and find out how professional you are, they'll be extremely loyal to you because they will never want that kind of bad experience again.

 

[Salzgirlie]

That is just nasty. Hope you get it all sorted out xx

 

[Metamorfosis]

Thanks for all your advice guys, going to send her the letter Lynne suggested and hope for the best, she's not through type to take notice but hey ho!

Sent from my GT-I9300 using SalonGeek

 

[411]

I would definetly report her to the Jobcentre.

She is committing benefit fraud.

Benefits are there for people who genuinely need them. Obviously she doesn't.

She has to declare every two weeks when she goes to sign her declaration to say she has NOT done any paid work in the last two weeks she is signing for. Because her wages would be taken into account and deducted from her benefit.
This is why she isn't declaring it.

Hope it gets sorted out x

 

[enlivenbylouise]

Hi i cant cant help but just wanted to say I'm sorry you're going through this, how awful. There are some right nasty people in this world I just don't understand it.
Make sure you keep all correspondence, screen shots of her Facebook or anything online.
Hope it gets sorted soon x

 

[Zooks]

Lynne, whats this letter?

And the drop box?

I am confused, they sound like useful tools to have "just incase".

Hope you get this sorted Metamorfosis.

I wouldnt hesitate to put on Facebook that you have been made aware that someone is imitating you, word will soon spread.

 

[Lynne Baker]

Ok, google Dropbox to find out all about what it is.
The letter is one from my legal people about passing off. I've turned it into a template so that anyone can use it. If you want access to the Dropbox folder you will need to pm me your email address and I will send you an invitation to use the salon geek folder.

And be very careful about going public with this. Trust me.