kilotango22
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Everything posted by kilotango22
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A question for anyone or as many of possible of you that have sent of an LOD whether it was a template or written in your own words, how long till you got blackmail letter number 2 from ACS Law giving you 14 days to pay up as they reject your response?
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Interesting link, they may think its lawful but a letter from the doctor saying it is causing me anxiety could change their minds. I certainly won't let it stress me out though either way, my next letter will be my very very last. I think two is a fair number to show any judge you have played his silly game and now he is just being a nuisance. I accept you only need to send one LOD but I don't see it can do you any harm to send a second and final one just referring him to your template and even enclosing another copy of it.
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No I don't think he will care at all but he sent out his initial batch of letters using Royal Mails mailsort, his individual replies will take him time, he won't be posting out enough to get the discount I assume so he will have to lick all the stamps personally. It takes him time, time is money, money he will not recoup from me and I will report him to the police for harrassment wether he cares or not.
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My template LOD was the simple denial, my letter will be asking him why he sends them out but doesn't accept them. It will also say no further correspondence will be entered into and any future letters from him will be classed as harrassment and reported to the police as such. Doubt they will care but you never know mate.
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I'm looking forward to receiving my letter rejecting my LOD for being a template. My second letter will ask under which basis in law they refuse to accept it as it fully complies with the code of practice which their letter of claim didn't. I then have the same right to reject their letter of claim as that too was a template.
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So if I go to see a solicitor for free legal advice he will give me a link to Wikipedia. I think I'll pass. Before I did a google when I got my letter I called up the CAB and they advised me to just pay up even though I said I hadn't done it. Glad I didn't take that advice.
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Yes I probably do mean that, it just worries me that it all seems so easy and my point being if he could do that then how hard would it be for someone to break into your wireless connection and act without your authority. It has totally put me off having an interent connection at all. Afterall, if someone steals your car and runs someone down and kills them, the police don't hold you accountable even if you were to leave the keys in the ignition.
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How can you tighten your wireless security? Mine has a WEP code, anyone who has access to my house can simply pick up the box and read the code off the bottom of the box. A friend of mine at work says there are videos on youtube showing you how to crack wireless codes and that someone who is really clued up can do it in about 5 minutes. I've just been reading about Gary McKinnon, he wrote a tiny pear script to look for default passwords, it can scan 65.000 machines in just over 8 minutes, so I'd like to know how any internet connection can be 100% secure. Even a connection which is not wireless could be tapped into from outside you're house so long as there is easy access to the line by anyone who had the intention to tap into it.
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I think the SRA will sweep it under the carpet, however it is not the first time Mr Crossley has been in trouble with them so hopefully they can come down hard on him this time. My LOD was a template, I am expecting them to reject it, I shall then write and ask them what basis in law they have for rejecting a letter which complies with the code of conduct. Now then, have you all written to your ISP's?? This is a question you need to be asking them, feel free to use this as a template, I'm sure they wont reject it: Did (Insert ISP Provider name) at anytime indicate to ACS Law that you would not oppose a court order requiring you to release my data. If this is the case can you inform me on what authority in my contract with you and under your obligations to the Data Protection Act you did so as it appears you may have breached Data Protection Legislation. Make sure you send a copy of the letter to these people: Information Commissioner's Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF
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Hi Loopy77 I'm not sure it would invalidate the letter or not either. I just find it strange that if you fail to play by the rules you can loose and if ACS law don't play by the rules you could still potentially loose. I do believe if you have shown you have obeyed the rules, if anyone ever did find themselves in court then the fact that ACS law haven't could only go in your favour. I have sent my LOD off, I have recieved my paperwork from the Solicitors Regulation Authority to fill in which I shall do now. I am also putting a covering letter with mine to highlight the fact that ACS Law hasn't followed the code. I fully expect them to sweep it all under the carpet though as it seems what ACS Law and the other companies are doing is not illegal which really surprises me. If I were to write to someone and say, Hi, we have your address, we aren't accusing you of doing anything, but if we take you to court it would cost you a fortune to prove you didn't, even though its impossible to prove you didn't do it, so be a good chap and bung us a few hundred quid and we'll go away. I'm sure the boys in blue would come knocking at my door and ask what I'm playing at. Its my intention if I start getting further letters after they get my LOD, which I am sure they'll reject as its a template to go to the police and make an allegation of harrasment against them. I think everyone else should do the same.
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@Loopy77 I have read the code of conduct for Pre-Action conduct which is available on ACS website. It states: 3.2 The letter of claim should: (a) state that the letter follows this Code and that the defendant should also do so; (b) unless the letter is being sent to the legal advisors of the defendant, enclose a copy of this Code; © identify the claimant; (d) list the remedies that the claimant seeks; (e) give details of any funding arrangements entered into. You say on your post and I believe what you say to be entirely correct the following: Ignoring the letter is probably not the best practice, since you will be in default for not responding. Responding doesn't need to be scary, if you didn't do it - deny it, at least you won't be in default and you have satisfied the "rules of the game". If you haven't done what they are alleging then keep saying so. Now then, on the letters that ACS law send out, he states that his letter fully complies with the code of conduct, however section 3.2(b) clearly states he has to send you a copy of the code, not make it available on his website. Surely by not adhering to the letter of the code of conduct this so called solicitor has not played by the rules himself? The only reason for not sending the code is that it would add a considerable amount to his postage costs. He already sends his letters out on the cheap using Royal Mails mailsort service. Adding another 22 pages of A4 would almost certainly require him to use a packet service and may not be so lucrative.
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I think you mean, which account it was allocated to.
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I thought these cases were supposed to be about 'uploading' this file, sharing it, not downloading it? In fact, why would any solicitor advise you to pay up so much money for downloading a single file? I can't imagine any solicitor would agree that is a fair sum in damages for downloading a single file. I'd go back and ask him to explain himself as all you have done is admit to downloading which is a lot different to the letters everyone else has recieved. Everyone else has had letters asking about file sharing, uploading NOT downloading.
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No, they can only get your details through a court order. Did they send you a copy of the 'CODE OF PRACTICE FOR PRE-ACTION CONDUCT IN INTELLECTUAL PROPERTY DISPUTES'. They say they comply with that code. Section 3.2(b) states: unless the letter is being sent to the legal advisors of the defendant, enclose a copy of this Code; Its around 24 pages long, my wife printed it off the web for me, they certainly didn't send me a copy so they haven't complied in my case. Their own paperwork confirms they didn't send me it either, they enclose a list of items they have enclosed. My guess is due to the shere size of it they have not sent a copy to anyone as it would add a large amount to their postage costs and I suspect they are hoping our ignorance of the law would allow them to get away with it.
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Yes the irony of it: They don't accept template letters but they send them out by the 1000 They claim to follow the the Code of practice for Pre-Action conduct and yet by failing to provide a copy of said code. (b) unless the letter is being sent to the legal advisors of the defendant, enclose a copy of this Code; They have actually failed to follow the code because they didn't send me a copy. Very dodgy indeed.
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Yes I am expecting the same from what I have read on here, my 2nd LOD would simply refer him to the 1st. If I hear from him again after that I would contact the police. If I were to do what he is doing I would probably be visited for demanding money with menaces. ACS Law have no proof if you read between the lines of their letters they are basically saying give us some money and we will go away.
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I've used a template letter, so long as you sign it its legal, if he doesn't like it he can suck my thumb!
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I wouldn't provide any evidence. In fact from what I have read on here proving anything is virtually impossible one way or another. They have to prove you did it. When they claim to follow pre-action protocol and you can show they have failed to do so that can only be a good thing. I'd love to go to court and just provide his letter of claim to a judge with a copy of the code and hopefully that would put an end to his silly scheme.
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I've had one of these letters. My LOD is ready to post off. I have complained to SRA and will be recieving some paperwork from them, they certainly knew all about this. I have just read the code of for Pre-Action conduct which is now available on ACS website. It states: 3.2 The letter of claim should: (a) state that the letter follows this Code and that the defendant should also do so; (b) unless the letter is being sent to the legal advisors of the defendant, enclose a copy of this Code; © identify the claimant; (d) list the remedies that the claimant seeks; (e) give details of any funding arrangements entered into. Well.. He certainly didn't comply with the code himself, it clearly states in section (b) he has to include a copy of this code, it does not say he has to make it available to read on his website. ACS law failed to include a copy of the code so surely their failure means they have not complied with Pre-Action Conduct. The letter of claim has a page on it stating what is included with the letter and this code is not shown as being included. For the record I didn't take part in or authorise anyone else to infringe anything and certainly will not pay his blackmail money.
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