Gloves Off

As I have no lawyer for the time being, I went in myself. The meeting was tense but courteous enough, and lasted almost an hour during which I first had hoped that the person i was talking to would finally see for themselves a full picture of the situation and the unfairness of their actions. Regrettably, by the end of the hour, she was arguing and insisting that the money Amazon paid in escrow when it had been first condemned ought to be returned to them while assuring me that they’d be open to settle. That was a clear signal that they would not bulge.

The meeting was followed-up by the below message, which I provide translated for convenience:

“Dear Mr Divisia.

We have transferred the information sent this morning to our client and are awaiting her return.As we indicated to you this morning, it is in the interests of all parties to resolve this dispute. If Amazon is ready to compromise, in order to put an end to the litigation and the lengthy proceedings, this could not be for an amount greater than that to which it could be condemned in the worst scenario in the event of continuation of the procedure.

However, it seems premature at this stage, when no settlement agreement has been reached, and the decision condemning Amazon by default in 2018 was struck by an opposition which resulted in a decision in favor of Amazon, to claim to your first lawyer the payment of this amount, which should in the current state of things, and on the basis of the decision rendered on opposition, be reimbursed to Amazon.”

To which I replied:

“You think procedure in progress, I think article 1382 of the (Luxembourg) civil code. and any other if necessary. I gave you my terms of an agreement.”

(that article deals with the responsibility of the consequences from one’s actions, not just the action).

It took almost a month. On 02 June 2023, I got the following message:

“Dear Mr Divisia,

As mentioned in our email of May 8, 2023, if Amazon is ready to compromise, in order to put an end to the litigation and the lengthy proceedings, this could not be for an amount greater than that to which it could be condemned in the main proceedings in the worst case. scenarios in the event of continuation of the procedure (ie. EUR 8,199.36.-).

If your position should change and you should be open to concluding a transactional agreement for this amount within a reasonable period of time, please confirm this to us.”

I responded by return:

“I notice that you are even reducing the amount you previously offered me.

Brief reminder of the facts: More than 6 months of all-out lies from a support service which left me no other choice than to launch a procedure in Germany, this one rigged by conditions legally recognized since as abusive and of which you were perfectly informed in Luxembourg (and knowingly ignored), Arbitrary seizure of 10,000 euros from my account directly endangering my family as a punitive measure, a means of conciliation which turns out to be non-existent, two hearings in Luxembourg where you refuse to appear to be finally convicted by default, and then you have the audacity to complain about not having knowledge of the facts while nevertheless denying them, offering me to compromise for half the amount, a mafia method! A refusal followed by your counter-procedures and personal attacks, lies in front of the court, perjury and seizure of every possible and imaginable aspect of procedure in absolute contempt of all evidence and to top it all, blackmail, with a cut by 20 of my FBA selling abilities when I again refused your insult to transact the sole original lost amount after all you have done to exhaust me financially in endless procedures, all while sending me written promise to help me get back on the platform if I signed the protocol which would absolve Amazon of any wrongdoing, and even your attitude during our interview, repeating, even demanding that the money deposited following the first judgment be returned to you even though you know perfectly well: 1) that this money is not due to you, since no court decision has been taken to this effect, and 2) that in any case, this sum should have been paid to me by an enforceable court decision after the theft that I suffered and of which you and Amazon have always been fully aware; money that I, myself, agreed to put in escrow as a gesture towards you when nothing forced me to! I have since seen what trying to trust you pays off! The facts are obtuse, and all your lies won’t change that. Therefore, denouncing you becomes a duty! I have seen you at work all these years and now know who the real criminals are, you have on your hands the blood of people who commit suicide in despair because of your methods, your lies and your intelligence in playing the law against the truth! It would encourage you to be silent! But you will answer eventually. If Justice exists, before a judge. One day, your reflection in a mirror will send back your true image.

In the meantime, having neither your means nor your propensity to manipulate Justice, I am satisfied with the indefinite suspension of the decision of the 3rd chamber, particularly if it bothers you! There’s no immediate hurry for me, especially without a lawyer on the job. I am primarily awaiting the result of the ongoing Dutch investigation, as you know.

Copy of this email will be on my blog which is growing in audience. You have had a copy, I believe, of these articles from Le Nouvel Obs and Marianne published during the Covid period. It remains to be done, especially in television. I have promising contacts

In other words, I refuse today like yesterday your proposal which is an insult.

Pierre-Andre Divisia”