ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...

[car2403]

Do not phone them.

 

There is a template letter of denial in this thread - it is in your interests to read the whole lot, as lots of questions have been asked and answered already.

 

In short;

 

- they have no claim against you, so you have no legal obligation to pay them

- some believe these are fishing attempts, let others pay as you don't need to

- you should send a letter of denial, then ignore any further letters unless they take Court action

- they have NOT taken action against anyone on this thread, AFAIK (EDIT: There are some saying the claims have been issued, but are not coming back with their own threads, or more information on this thread - this leads me to believe that those posts are NOT genuine)

- Complain to everyone you can think of; Trading Standards, the Solicitors Regulation Authority, your Local MP... the more people at the party, the better for you

 

Any other concerns you may have will have already been dealt with on this thread

Edited October 4, 2009 by car2403

[brokebutnotbeatn]

So read back a day at a time! Somethings are worth investing some time in! As I said. feeling very grumpy!

[car2403]

So read back a day at a time! Somethings are worth investing some time in! As I said. feeling very grumpy!

 

Have another Bacardi - I find that helps!

 

(Unless you're an alcoholic... hick...)

[cashins]

Thats why i was asking! just came across this thread and would be here for DAYS reading 49 pages!!

 

OK, post 970 sums it up nicely.

 

This company are using procedures that would be recognised by anyone who has been on the wrong end of debt collectors, that is:

 

Use an automated system that sends demands for money along with a series of dire threats that escalate as time goes on, (just as their predecessor Davenport Lyons did).

 

Sit back and wait for the money to roll in from people that don't know any better.

 

Their website talks of victories in California and Germany WHERE THE LAW IS DIFFERENT.

 

Davenport Lyons NEVER WON A DEFENDED CASE IN BRITAIN and nor will this shower for the reasons in post 970.

 

After you have sent an LOD you have two choices.

 

Ignore them

 

Tell them to F*** off.

 

David

[brokebutnotbeatn]

Bacardi - now thoses were the days. Too busy saving pennies and acting as chauffeur to 3 children nowadays! But, its the thought that counts! Feeling better already!

[andydd]

Clearly they are just using the standard DCA tactic of sending out a load of computer-generated letters at predetermined intervals, irrespective of whether you have corresponded with them previously. Which makes me think that it is even less likely to go anywher near a court room, as that kind of behaviour is unlikely to go down very well with judge.

 

 

When you look at it logically what would they be putting before a court?

• We optained an IP address using a secret method, which we will not divulge, and so cannot prove that it is accurate in any way, shape, or form.
  
• Even if the IP address is accurate, we cannot how that the defendant did the actual downloading, or even that any downloading took place
  
• We are completely ignoring any letters of denial that we receive
  
• We are claiming damages that bear no relation at all to our actual losses, and changing the amounts demaned as well
  

I don't think so somehow.

 

Youve put some very good points across there .

 

I'm amazed at how long this is dragging on for, but it is also worrying that some maybe niave people have paid these scumbags, even if they are totally innocent.

 

Andy

[andydd]

Hi People,

 

 

I'm baffled to understand why the government is not asking ISP's to block users from downloading over p2p, for most ISP's if not all, its the single highest consumer of bandwidth in the network (if you allow it), most customers just leave their p2p applications running all day & night.

 

 

Quite simply because using P2P is not illegal, it is used for many legitimate purposes, ie..Some fanstasy wargames, swapping legitimate uncopyright songs/films and the BBC iplayer originally used P2P although I believe it now uses a different system.

 

BBC iplayer specifically is up there amongst the highest consumer of bandwidth.

 

Andy

[patrickq1]

Andrew Crossley was already fined by the UK’s Solicitors Regulatory Authority (SRA) for engaging in “conduct unbefitting a solicitor” (pdf) back in 2006. We believe that a law firm claiming to uphold copyright law on behalf of its clients but infringing copyright in the process warrants the same label, but we’ll let the Conduct Investigation Unit at the SRA decide.

[patrickq1]

**EDITED**

tell mr crossley to take a run and jump

Edited September 5, 2009 by car2403
Removing unapproved link

[howdoudo]

Hi

I have been reading this forum ever since I received my first letter of claim in June.

 

I am grateful to all the advice given on this site, however, I have just seen on acs-law.org.uk that the following update has been posted,

"Update: the first batch claims have been prepared and were filed at court on Friday, 4 September 2009. Service of the proceedings will be made by first class post and will be with defendants by Tuesday, 8 September 2009 at the very latest.

 

The second batch of defendants will be selected on Monday, 14 September 2009. "

 

 

 

[cerberusalert]

Hi

I have been reading this forum ever since I received my first letter of claim in June.

 

I am grateful to all the advice given on this site, however, I have just seen on acs-law.org.uk that the following update has been posted,

"Update: the first batch claims have been prepared and were filed at court on Friday, 4 September 2009. Service of the proceedings will be made by first class post and will be with defendants by Tuesday, 8 September 2009 at the very latest.

 

The second batch of defendants will be selected on Monday, 14 September 2009. "

 

 

 

 

You'll probably find that the people they are taking to court are either the ones who have totally ignored them & they are hoping for a default judgement and/or the ones that have admitted and failed to make payment.

[teddylorry]

what about the all us who are getting letters saying we have not replayed to their first letter

[cerberusalert]

They are doing what they are accusing their victims of doing.... using template letters. They will be going for the 'easy victims', the ones that haven't actually responded to them.

 

When they say you haven't replied to them they actually mean you have replied to them admitting the debt.

[teddylorry]

have sent back my second lod back,telling them to phone the post office with the ref. no. i gave them and see how they can tell me i did not respond to them.have also informed them anymore letter will be passed on to the police.

[car2403]

Hi

I have been reading this forum ever since I received my first letter of claim in June.

 

I am grateful to all the advice given on this site, however, I have just seen on acs-law.org.uk that the following update has been posted,

"Update: the first batch claims have been prepared and were filed at court on Friday, 4 September 2009. Service of the proceedings will be made by first class post and will be with defendants by Tuesday, 8 September 2009 at the very latest.

 

The second batch of defendants will be selected on Monday, 14 September 2009. "

 

 

Interesting...

 

If anyone does receive Court papers, please do let us know. Probably best to start a new thread in the legal issues subforum, then post a link back to it on this thread;

 

www.consumeractiongroup.co.uk/forum/legal-issues

 

There's a beginners guide to CAG in my signature showing you how to start a new thread, after you've followed that link.

 

I think next week may get interesting.

[johnylogan]

I too received aletter today which sent me in a right tizz. I have responded to them and denied the accusations, but they say they have not received anything from me - sent last recoded, and if I don't respond in 7 days the price goes up to £1K. Glad to see I am not alone and don't feel so isolated, I too thought it was for the court to decide on any payments.

[caledfwlch]

Is it normal small claims court?

 

Surely such a court is not even remotely qualified, or skilled enough to hear a case that involves serious IT technical arguments as would be involved in these, if someone from CAG gets a letter next week?

 

Not to mention that under current british law, the "proof" they have is insufficient and provably easy to spoof. So easy, in fact that should they decide, ACS:Law themselves would have no problem leaching innocent IP addresses from around the web and then manufacturing "proof" of downloading.

 

This is hopefully one american borrowed tactic that I hope will explode in their face extremely nastily.

 

And isnt entrapment against the law?

[car2403]

The track it would be allocated to, should they issue a Court claim, will depend on the amount claimed - small claims track being £5k or under - and the complexity of the claim details.

 

I suspect these will be claims for money for use of copyright material, rather than actual copyright claims.

[mr.ton]

In my time away from here recently ()....i have been doing some undercover research about ACS Law & this whole saga in general by reading round various other sites/blogs etc...

I am of the conclusion that things are not going well at all for ACS Law & that they are yet to take 1 single person to a court.

I therefore would treat these claims of what ACS are going to do with caution as their bark seems to be bigger than the bite at the moment.

[cashins]

I therefore would treat these claims of what ACS are going to do with caution as their bark seems to be bigger than the bite at the moment.

 

Agree with that.

 

Could be however that they will try some, (as bog standard debt collectors do), in the hope of getting further money in.

 

Statistically, the chances of an individual getting one are low. As I understand it they have been sending letters to around 6000 people. To file on everyone, (which they couldn't physically cope with anyway), would mean their clients coughing up a total around £300,000 in court fees. That's not going to happen.

 

David

[Huff&Puff]

We should put them on notice that if they do actually bring any cases, we will go over them with fine tooth comb. I was very suspicious of the case where DL got a default judgment for £16000 and then crowed about it by issuing press releases to all and sundry. Let's just say that it wouldn't be difficult at all to set up a "case" to lose in order to gain the publicity value. Allegedly.

[brokebutnotbeatn]

Let's be realists - they'll be raking it in. Even people who find this thread are on the verge of paying them! Its unbelievable but no-one is stopping them...says it all, really...

[gethjones]

I have had a letter from ACS:LAW three months ago because i have downloaded a scooter song the fine was £500.We went to see the trading standards and they told us to leave the letter alone and forgett about it.But yesterday we received a 2nd letter demanding a payment of £500.If they do not receive the payment in 7 days the fine will go up to £1000 and we will have to go to court and pay for court cost.What do i do?We called ACS:LAW and we talked to a woman and shee told us that shee does not deal with music and she would put us to that department the number on the lette (020 71932493).An automated service said that they are either they are closed or buissy.

[Huff&Puff]

I have had a letter from ACS:LAW three months ago because i have downloaded a scooter song the fine was £500.We went to see the trading standards and they told us to leave the letter alone and forgett about it.But yesterday we received a 2nd letter demanding a payment of £500.If they do not receive the payment in 7 days the fine will go up to £1000 and we will have to go to court and pay for court cost.What do i do?We called ACS:LAW and we talked to a woman and shee told us that shee does not deal with music and she would put us to that department the number on the lette (020 71932493).An automated service said that they are either they are closed or buissy.

 

You need to read your way through the whole thread, I appreciate that it is very long. All the advice that you need is contained therein

[nwotb]

I have had a letter from ACS:LAW three months ago because i have downloaded a scooter song the fine was £500.We went to see the trading standards and they told us to leave the letter alone and forgett about it.But yesterday we received a 2nd letter demanding a payment of £500.If they do not receive the payment in 7 days the fine will go up to £1000 and we will have to go to court and pay for court cost.What do i do?We called ACS:LAW and we talked to a woman and shee told us that shee does not deal with music and she would put us to that department the number on the lette (020 71932493).An automated service said that they are either they are closed or buissy.

yeah i got the same two letters and done exactly the same as you they can whistle for any money for something i havent done and even if any one was guilty the evidence is **** poor dont you think