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crazybadger

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Posts posted by crazybadger

  1. Morning all,

    I’ve contacted a solicitor who deals with computer and IT law, they will be contacting me shortly to arrange a meeting I will try to get a better understanding of what’s going on, but I will only be able to speak with them if they offer an free interview. (I really can’t afford their legal fees at the mo).

    Still it may prove t be useful

    In the mean time I’m considering writing a letter back to Davenport similar to a few others; I don’t want it to drag on too long while I wait.

    Has anyone got any tips as to what is the best terminology or wording to put in this letter?

    I assume asking for more detailed information puts them off?

    Anything else they would help to make them realise I wont be bullied?

    Regards

    Crazybadger

  2. *update*

     

    Orange have replied stating that they HAVE been submitted with a high court justice order to hand over IP addresses

     

    i have asked them whether they did charge Davenport Lyons admin fees to do so and why they didnt inform me about the handing over of data

    (Davenport are trying to charge me for those admin fees)

     

    i'm awaiting a reply

     

    i will be seeking legal advice shortly to see what happens

     

    regards

     

    crazybadgers

  3. i will do my best

     

    The info online at the moment from people with previous accounts of Davenport Lyons is a bit inconclusive.

     

    i will however do my upmost to put people at ease if i can ( and just as importantly myself)

     

    i must admit that since having researched this i am a lot more less worried of going to court then i was when i first opened the letters two days ago!

     

    Crazybadger

  4. I’m still trying to speak with orange's legal department.

    After which I will try to get that hour’s free consultation from a law firm

    Just to let anyone know if you do receive these letters it is better to consult someone on a legal basis just be sure.

    Remember! You are dealing with what can only be considered a shady law firm and there’s nothing worse then that!

    Speak with citizen’s advice bureau, (check website for local numbers)

    They might be hard to get hold of and will probably advise you to speak with consumer direct 08454 040 506

    Explain the situation and they will contact Trading standards swell

    Then speak with your ISP legal department to gather whether they have given your details over to Davenport Lyons

    finally go on line and check 'community legal services' its a website that will give you local solicitors in your area, a lot of them will give you a hours free consultation, this should be enough for you to find out where you stand

    Also if you really do think you need further legal aid but can’t afford it, the Citizens advice bureau has links on their website for you to apply for free legal aid, (not everyone is entitled to it)

    I will keep you posted on any developments

    Please remember I’m in the same boat, don’t just assume anything find out where you stand in all this

    If people on here have successfully ignored Davenports Threats then that’s great but they seem to be people who where threatened last year. Some on here like I have only just been threatened and are unsure if there have been any new developments in the law

    A few thoughts though............

    Don’t you think it’s strange that all of these incidents are to do with letters sent from the same law firm?

    Why aren’t there any reports of people receiving letters from other law firms who represent other computer developers?

    Why haven’t orange notified me in person or by letter regarding my contact details being passed on?

    It’s always Davenport Lyons!

    I still smell a rat!

    Regards

    Crazybadger

  5. Just to update you the more I look into this the more it seems a [problem] to scare people into giving money away or face legal proceedings.

    I’m checking with my ISP if they have received a court order and if that turns out to be false then I will ignore it completely

    I will however get a an hours free consultation from a solicitor

    In a court of law they will have to prove that they have evidence that it was you (personally) who downloaded and shared information.

    So far as far as I can see this would be impossible as no internet connection is completely safe so impossible to prove unless you have a static IP address.

    Also they would have to seize your hard drives for evidence in a court of law and this would be impossible, only people like Trading standards can do that, and that would be under a criminal conviction not a civil dispute.

    Still waiting to hear from my ISP and will be speaking with a solicitor soon!

  6. I have spoken to CBA who are looking into it, the chap I spoke to wasn’t too computer illiterate, so i did my best to explain all I could about p2p and the circumstances.

    The question is do they have a right to demand money off me without any warning?

    I have never profited or had the intention to make money.

    The situation is that they have used a company in Switzerland to track IP addresses.

    Then they have obtained a letter from the high court justice to force ISP to hand over details of those IP addresses on the dates they have tracked.

    The ISP has handed over that info, following that Davenport Lyons have sent letters threatening court proceedings or an alternative of a written agreement stating that

    1. Never to download, share distribute in the future

    2. To delete any digital or hard copy files

    3. to Davenport hundreds of pounds in damages

    If this payment isn’t made in 28 days then they will continue with court proceedings stressing that this will run into thousands of pounds!

    Also they only give the option of payment in one lump sum, (which I now lawfully they cant do, if you cant physically pay more then say £10 per month then they have to except that offer)

    They have sent a copy of the high court justice agreement to me requesting the ISP (almost all of them) hand over address details

    I need to know where I stand legally and what I should say in response to them.

    I have a wireless modem the orange livebox, would this have any affect on the situation?

    The date of the downloading was in Dec 2007, could I expect more of the same?

    I’m worried as I don’t have a great understanding on law or how serious this is or whether Davenport Lyons are just trying to bully people out of money.

    Do I deny all knowledge and demand detailed evidence?

    Note*

    Just to inform you all will writing this I have spoken again with CBA who have told me to speak with consumer direct and trading standards

    I will let you know how i get on

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