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

[VictimOfScam]

Hello all to this thread!

Me and my family are also now victims and have uploaded edited scans of the claim documents that where sent to me a week ago, i noticed many of you have asked for someone to do it, i hope these scans are helpful for research x

The Law Firm is (Tilly Bailey Irvin) working on behalf of (Media & More GHBM & CO.KG)

 

 

Edited March 1, 2010 by VictimOfScam

[ccsnet]

Domain name:

tbilaw.co.uk

 

Registrant:

Tilly Bailey and Irvine

 

Registrant type:

UK Individual

 

Registrant's address:

York Chambers

York Road

Hartlepool

TS26 9DP

United Kingdom

 

Registrar:

Webfusion Ltd t/a 123-Reg.co.uk [Tag = 123-REG]

URL: 123-reg | Domain names | Domain name registration

 

Relevant dates:

Registered on: 06-Mar-2003

Renewal date: 06-Mar-2011

Last updated: 18-Mar-2009

 

Registration status:

Registered until renewal date.

 

Name servers:

ns3.jodoshared.com

ns4.jodoshared.com

 

WHOIS lookup made at 23:58:26 28-Feb-2010

 

and

 

Domain name:

law.co.uk

 

Registrant:

PSINet UK Limited

 

Trading as:

Telstra Europe Ltd

 

Registrant type:

UK Limited Company, (Company number: 3830643)

 

Registrant's address:

DNS Billing

1st Floor

Platinum Building

St Johns Innovation Park

Cowley Road

Cambridge

CB4 0WS

United Kingdom

 

Registrar:

Telstra Europe Ltd t/a Telstra Europe Ltd [Tag = PSINET]

URL: Managed Hosting, Networks & Data Services | Telstra International

 

Relevant dates:

Registered on: before Aug-1996

Renewal date: 20-Dec-2010

Last updated: 02-Feb-2009

 

Registration status:

Registered until renewal date.

 

Name servers:

pri1.dns.uk.psi.net

pri2.dns.uk.psi.net

pri3.dns.uk.psi.net

 

WHOIS lookup made at 23:59:59 28-Feb-2010

 

BTW all - finally had a really good letter back from Rt Hon Stephen Timms Minister for Digital Britian. I'll post it up at some point but a sumary is: He thanked me for explaining the issues around IP and linking to the person etc - they are aware.... they know P2P data is easy to currupt how ever as the Judge in this case allowed the private data to be given out then he must have had good enough reason to ( EDITORIAL - ok debatable I know ) - in any case its not for any 'Government to try and dictate to a judge what evidence they might of might not accept'.

 

Theres a bit about out of court settelments been normal in law in general how ever 'Harrasment' can 'not be condoned'.

 

BTW - Its been 'recognised' that the actions of 'one or two law firms' in pursuing mass cases of the alleged infringements could colour peoples perception to their proposed legislation. He wouldnt comment on those directly how ever said it "could be symptoms of the problems facing copy right owners in the digital age".

 

All that said I think the key information is in the first paragraph in relation to the detection methods to be used in these tempary disconnections / letters etc.... and tbh my most concerned area because imho it needs to be the tightest.... any way here goes.

 

"I am grateful to xxxxxxx for his explanation of how IP addresses work. We are familiar with how IP Addresses are allocated and the issues reasid and agree this is a complex area. That is why rather than try and set out the process and standards required on the face of the bill its will be for industry experts working with copy right owners and consumer groups to develop and agree on robust procedures and high standards of evidence that will be required in triggering a copy right infringement report. This will form part of the code underpinning the obligations which will require Ofcom approval before it can be approved in turn by Parliament"

 

I do agree with what he says about the bills aims though... that its more to change peoples habits and attitudes to digital copy right in much the same way smoking has been dealt with.

 

Any way - thats it for now although its needless to say I will be communicating back some concerns in general how ever on the whole I'm happy I have got a good response and understanding they have an 'awareness' of the problem.

 

Terran

[VictimOfScam]

Hello, i have uploaded scans of the threatening documents if you would like to see it, its on the very last page of this thread x

[victimlesscrime]

I also received onr of these TBI letters. After panik I sat down other people in house and eventually one came clean. What he siad was a bit scary- he reckons he remembers clicking on a file from 'emule' r something and a dialog box came up with 'filewatcher' on it for about 5 secons and he thought it was sending a message or somthing.

 

Any acs people come across this method? also thast must be some kind of virus- can they use that in cort?

really shakey

[cashins]

Yet another outfit jumping on the bandwagon.

 

Despite thousands of similar letters being sent by ACS , Davenport etc, no successful action has ever been brought in a UK court.

 

Send a letter of denial. If they continue after, that just ignore them.

 

David

[scooby555]

just an update ive passed my 21 days and have not had a letter or anything else from acs law so hopefully and maybe i wont

[Scooby Doo69]

cashins,

 

to confirm, Davenport Lyons DID take at least one person (maybe 3?) to Court and got defualt judgements. This means the Defendant(s) did not submit a defence or contest the cases in Court and DL were 99% onto a winner (Civil Law is based on the balance of probability, unlike Criminal Law).

 

To the best of our knowledge, ACS Law haven't taken anyone to Court over this and you can be sure if they did and won would have it splattered all over their web page and the media.

 

The issue comes with the process being untested in a contested case and they run the risk of losing and setting a precedence for torrent copyright infringement, thus instantly losing the legal threat and the cash cow drys up overnight.

 

Of course, even if they win, will in affect the income from the mailshot campaign? Probably only a little.

 

Time is of the essence here and milking the process before the hammer comes down and going to Court all takes time, Months in some instances.

[Scooby Doo69]

just an update ive passed my 21 days and have not had a letter or anything else from acs law so hopefully and maybe i wont

 

Fellow Scooby,

 

It's all about a question of priorities.

You are categorised probably as a non-payer.

 

I expect the list goes as follows:

 

1) Those who paid up or state they are going to pay

2) Those who admit guilt, but claim they can not pay

3) Those who deny guilt, but have given vital information away (e.g. questionnaire, etc)

4) Those who did not reply

5) Those who deny guilt

6) Those who deny guilt and know the law, are legally represented or clearly prove they are unable to pay

 

It's not a moral crusade (althought that's what they are claiming), it's all about the Pound sign, so work out where you are on the list and unless the process is wound up by a change in the law, you will more than likely hear at some time via another demand for monies, just not yet.

[scooby555]

ok i'll get a lod writen out and send it off then cuase i defently didn't do nothing

[cashins]

to confirm, Davenport Lyons DID take at least one person (maybe 3?) to Court and got defualt judgements. This means the Defendant(s) did not submit a defence or contest the cases in Court and DL were 99% onto a winner (Civil Law is based on the balance of probability, unlike Criminal Law).

 

 

Sorry, should have said defended action.

 

They did trumpet one case claiming they had judgement for around £16k As however noboby, (including the press) has ever been able to track the person down, there is doubt they ever existed.

 

I also believe there was a commercial case.

 

David

[Scooby Doo69]

ok i'll get a lod writen out and send it off then cuase i defently didn't do nothing

 

Ignorance is no defence to the law and leaves ACS in a situation where they do not know if you admit guilt or not and means they will more than likely have another stab at you.

 

I haven't received one of these demands, but if I did I would send one single LOD and let them know that I would not be entering into any further discussion on the matter.

[Scooby Doo69]

Sorry, should have said defended action.

 

They did trumpet one case claiming they had judgement for around £16k As however noboby, (including the press) has ever been able to track the person down, there is doubt they ever existed.

 

I also believe there was a commercial case.

 

David

 

No problem David, it just important for newbies the facts are straight.

 

I doubt whether the case is ficticious as the Solicitor could be held liable.

As for the others, who knows as they weren't reported on.

 

BBC NEWS | Technology | Game sharers face legal crackdown

 

The fact still remains that these cases were uncontested(?), cost money to litigate, the result is unpredictable and even if they win they have no guarantee of seeing the damages.

[Huff&Puff]

I doubt whether the case is ficticious as the Solicitor could be held liable.

 

In an ideal world that would be true, but we see certain firms of solicitors who act unlawfully on a daily basis here (split claims, stating that they have a judgement when they don't, and plenty of other dodgy dealings). Those firms have had countless complaints made against them, and not a single thing has ever been done :(

[derr]

I sent a LOD to Tilly Bailey Irvine iwthin 14 days as stipulated. A week later I still had no reply. I took some advice from Which computing who are also onto this issue. They said to follow it up witha phone call and I spoke directly to the woman responsible for the letter in the first place. She said that a LOD prompts further investigation and apprently my ISP address was spotted downloading/doing sttuff (I dont really understand the jargon) 829 times within a two week period last July. I dont have a clue what this means but I pointed out to her it sounds outrageous and that the computer is just a family computer used mainly by my four young kids? She said I will be receivinga letter asking me to name any other adult who might be responsible- have been not sleeping since. Just want it to go away. Incidentally two of the days we definately werent home. Also had not ever downloaded internet security naively. Need help

[Huff&Puff]

Stop worrying, you've sent the LoD. Now just sit back and ignore them, they aren't going to take anyone to court, at least not a defended case anyway. They would lose and they know it.

 

You were badly advised to phone them, they just use the opportunity to bully you, which they have done.

[n11186]

I sent a LOD to Tilly Bailey Irvine iwthin 14 days as stipulated. A week later I still had no reply. I took some advice from Which computing who are also onto this issue. They said to follow it up witha phone call and I spoke directly to the woman responsible for the letter in the first place. She said that a LOD prompts further investigation and apprently my ISP address was spotted downloading/doing sttuff (I dont really understand the jargon) 829 times within a two week period last July. I dont have a clue what this means but I pointed out to her it sounds outrageous and that the computer is just a family computer used mainly by my four young kids? She said I will be receivinga letter asking me to name any other adult who might be responsible- have been not sleeping since. Just want it to go away. Incidentally two of the days we definately werent home. Also had not ever downloaded internet security naively. Need help

When i got my letter in june of last year i was S*ITING bricks i blasterd the kids, me and the wife was arguing etc etc. The kids told me they sweard down it was not them, and the wife could not turn a P.C on so after a few days i sat and worked the days out, and we was on our hols at the time of there accusation, so then i sent a letter of denial and told them it was NOT me or my family and asked them to give me more evidence, BUT they faild they just sent more crap saying my I.P address was the infringer bla bla bla, then they sent me a new claim wanting less money, and i just keept telling them if they think there evidence is so fool proof TAKE ME TO COURT but still to this day about 7 month on NOTHINK, and im still waiting and still willing to go to court and if my day comes i will bring all the big boys with me the media. So stop worrying m8 life is to short.

[unclebulgaria67]

If you want to know more about how these things work, google speculative invoicing handbook.

 

Also allegedly ACS:Law are being investigated by the SRA.

 

This is going nowhere.

[NitrousOxide]

Have a read through some of my past threads. It seems this is becoming a good business model for anything related to intellectual property.

Simply selling second hand items on ebay is producing the same results.

 

Also,

Isn't it the case that in copyright cases, you must specifically state a person and what they did?

Edited March 5, 2010 by NitrousOxide

[Scooby Doo69]

@derr

 

There is good news and bad news.

 

The good news is that if you have sent a LOD all you need to do is sit tight and the issue will more than likely go away.

 

I agree with the point that telephoning them is only confirming that they have bait at your property to pursue (it's not unheard of for a virtual IP address such as a printer to be accused). Each nugget of information given over is like a gold mine for the Solicitor to pursue. If you haven't already done so, send a firm Letter of Denial and advise them that you will not be entering into any further correspondance on the matter. Don't tell them anything else such as who lives at the property, status of wi-fi security, etc.

 

Now the bad news. Get some security on your Wi-fi router today. It's like leaving the front door of your property open, going on holiday and being suprised when you return to an empty house. Whilst the security (like most things in life) aren't 100% fool-proof, it certainely makes this more secure. It looks like some low-life has attached themselves to your internet connection and used it to download stuff.

 

Good luck!

[Yorky2008]

BBC News - Lords force rethink of government's online piracy plans

[Scooby Doo69]

Two Davenport Lyons Solicitors have had a bullying complaint sent to the SRA disciplinary panel by the SRA.

 

On 1 March 2010 the SRA decided to refer the conduct of two of the Partners of Davenport Lyons - Brian Miller and David Gore - to the Solicitors Disciplinary Tribunal.

 

Now for ACS & TBI...

 

Bullying law firm complaint pursued - Which? Computing magazine - Press - About Which?

 

Will be interesting to see if any victims could claim compensation from DL if a charge is found to be proven.

Edited March 5, 2010 by Scooby Doo69

[cashins]

In its complaint, sent to the Solicitors Regulation Authority (SRA) in December 2008, Which? said it believed the conduct of Davenport Lyons had been ‘bullying’ and ‘excessive’. The SRA agrees that there are grounds to call Davenport Lyons to account and has referred the matter to its disciplinary tribunal.**

 

 

15 months - must have been a tough decision.

 

David

[Nikkinooch]

Hi all - I have not posted on her for a long time but just thought I would give an update. I received 1st letter back in June last year to which I sent 1st LOD. I then received 2nd letter from ACS:Law stating that they could not take my LOD on face value as it was a template and they increased the cost and gave me I think 21 days to reply/pay. I sent them 2nd LOD (template) with extra paragraph stating that just because it was a LOD did not make it any less truthful than if I had worded it myself and that its contradictory behaviour as they them selfs use templates. This letter was sent back in August 2009 and I have not heard anything from them since. I am hopeful that this is the end of the whole thing but if not I will be instructing a solicitor to act on my behalf and all communication to be done between legal parties.

[unclebulgaria67]

Has this all been put on hold by ACS ?

 

If they are under investigation by the SRA as alleged by some, Which consumer association are looking to bring group legal proceedings and the legal profession including the judiciary are not impressed by this, why would then continue?

 

I have come across suspicious forum posts where people keep bumping threads, when no letters have been received. I am not saying you have done this, but be aware that this is happening.

[Huff&Puff]

If they are under investigation by the SRA as alleged by some, Which consumer association are looking to bring group legal proceedings and the legal profession including the judiciary are not impressed by this, why would then continue?

 

They would continue, because they want to screw as much money as possible out of their victims before they are stopped. If they are stopped - as I said in a post above, we see various firms of solicitors who act unlawfully on a daily basis on this site, and the SRA don't do anything about them