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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • The Phantom
      Letter from Police, intention to prosecute RTA - advice please on how to proceed

      By The Phantom · Posted

      Hi there   thank you for the reply. No, it's not a silly question at all. I am convinced I didn't hit anything with my car. I was going very slowly and it was the guy standing next to his lorry in the road who punched and kicked my car as I went by. It's cause I saw him do it in the mirror.  I initially thought he did it because he thought I was passing him maybe too closely whilst he was messing around with his lorry ?  That's why I stopped and got out and asked what he thought he was doing hitting my car. He then just hurled abuse at me. Not making any accusations such 'you hit me' 'you hit my lorry' or you did this or that. He just swore and shouted at me. At which point I said I would be making a complaint to his company for his threatening behaviour and vandalism for punching my car. I went to my car , got my phone to take a photo of his number plate but then he came towards me again and I thought if he now hits me I am going to come second. I am a woman in her mid 50s travelling on her own and this guy looked like a Millwall football supporter (short, rotund, skin head) so I decided to leave this situation. I got back in my car closed the door and drove off before he could reach me.  I later checked my phone and noticed the photo was too blurred, as I turned and rushed back to my car too quickly before the camera could focus. So I thought it was pointless making a complaint as the guy couldn't be traced anyway, so I forgot all about it until yesterday. But this is all I can think of, it must have to do with this incident as it is in the same street.   
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    • BankFodder
      Packlink's contractual relationship with Evri , Evri's relationship with you, your relationship with Packlink

      By BankFodder · Posted

      Please read the following thread very carefully. It is extremely relevant where you are suing Evri on the basis of a contract which you originally made with Packlink who are domiciled in Spain. A judgement has been obtained and we have applied for transcript and it will be put up on this thread as soon as we receive it probably about the end of July. In the meanwhile, read this thread, see what has been discovered about the Packlink/Evri/customer relationship and look at the witness statement very carefully. It's a long thread but don't give up. Once you have the transcript of the judgement, then I will do a more careful and explanatory post here   https://www.consumeractiongroup.co.uk/topic/459707-evri-lost-my-ebay-parcel-£844-court-claim-issued-judgment/
    • AndyOrch
      PERCH/TM LEGAL Claimform - old MYJAR pdl - 6 year old debt Statute Barred ?

      By AndyOrch · Posted

      So if the breach occurred say Dec 2017 (first missed payment) and the default notice was issued Sept 2018 and the claim was issued 7th June 24 the claimant will of course be arguing it is within the limitation period (by 3 months)
    • jmxo
      Evri lost 2 parcels approx. £600 (part 2)

      By jmxo · Posted

      Yep, I would  have brought up the other things like asking for their contract and receiving no response etc. but the mediation phone calls were rather short. Evri just said the contract was not with them (i said 1999 act response etc.) and the goodwill offer thing. Whole process took about 10 minutes in total. Seems like they don't even want to negotate in mediations anymore. "they're only given a certain amount that they can agree to in mediation per day" I mean its hard for me to say if thats the mediator paraphrasing or aa direct quote from evri I will look through that thread and share what I find, also for what its worth I also have everything I made for the previous claim WS and bundles etc. that I can tweak for this parcel, since it did go almost all the way to court and is a virtually identical case. that + this new stuff you shared above should be helpful to me

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.
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ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...

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andydd

andydd

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can someone explain to me how the IP address system works? how they can be sure it was your IP address if the continually change or do the ISPs keep a recored of every IP address assigned to you?

 

In theory, yes, although a mistake at this stage would identify the wrong person and its not really in the ISP's interest to 'help' ACS law.

 

Andy

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Shaggy123

Shaggy123

Posted
Posted
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.

 

Being on holiday wont be an acceptable explanation as you could have left your pc on, used remotely anywhere to access it from your holidays or simply left your wireless unsecured. I'd have thought if someone would have been back in touch after 7 months though so you may be in the clear.

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Shaggy123

Shaggy123

Posted
Posted
can someone explain to me how the IP address system works? how they can be sure it was your IP address if the continually change or do the ISPs keep a recored of every IP address assigned to you?

 

Yes, they keep a record. There are still margins for error though in the transfer of data, plus, your IP could have been spoofed.

 

Even if they have your IP it still doesnt say it was you. Wireless networks are easily cracked or left wide open unsecured.

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unclebulgaria67

unclebulgaria67

Posted
Posted

I have read that the P2P sites may have software which alters the IP addresses in some way, so that the indentity of the downloader is protected.

 

If this is correct then this may be a possible explanation as to why people have been wrongly accused. We have all read about people that have been accused of downloading gay porn or addicted to base etc, when they are a pensioner couple in their 70's, with a wired connection and no others use their PC's. Also people that have been on holiday, PC's switched off.

 

The information that ACS are using is dodgy and would never be used in court.

We could do with some help from you.

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Huff&Puff

Huff&Puff

Posted
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I have read that the P2P sites may have software which alters the IP addresses in some way, so that the indentity of the downloader is protected.

 

You are correct, some P2P applications do indeed use IP spoofing, and openly boast of doing so. It is just one of many reasons why this whole sordid business is so deeply flawed.

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cashins

cashins

Posted
Posted

You are correct, some P2P applications do indeed use IP spoofing, and openly boast of doing so. It is just one of many reasons why this whole sordid business is so deeply flawed.

 

Judging by the number of actions being brought, ASC know this too.

 

David

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NitrousOxide

NitrousOxide

Posted
Posted
You are correct, some P2P applications do indeed use IP spoofing, and openly boast of doing so. It is just one of many reasons why this whole sordid business is so deeply flawed.

It would be a good idea to send that with your LOD. They prey on ignorance.

Start on the front foot, start as you mean to go on and never be intimidated into paying if you've done no wrong. Show them you are well prepared to fight.

The system of tracing infringers by IP is seriously flawed and these people know it. If they cannot prove how and when a specific person did it it would be nigh on impossible to do so in court.

I strongly suspect this is a business model, rather than protecting intellectual property rights.

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Scooby Doo69

Scooby Doo69

Posted
Posted
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.

 

You can get legal advice for free. Most Solicitors offer 15-30 mins free advice in the hope that they will get your business. You have the Citizens Advice Bureau as well.

 

If it was me, I'd wait and in the unlikely event that you are taken to Court, that would be the time you instruct a solicitor. Sending a letter to ACS will cost you money and any response would be sent to them from ACS. You will be charged for receipt. Before you know it, you have a Solicitors bill running into hundreds of pounds.

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Scooby Doo69

Scooby Doo69

Posted
Posted
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.

 

Nope, ACS have clearly stated that they will continue until they were stopped. To be honest, you wouldn't expect anything different. ACS is a business and chasing file-sharing claims is good business, easy lucrative money. It's another form of ambulance chasing which recently has been capped.

 

Why would ACS stop and kill the cash cow?

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Scooby Doo69

Scooby Doo69

Posted
Posted
It would be a good idea to send that with your LOD. They prey on ignorance.

Start on the front foot, start as you mean to go on and never be intimidated into paying if you've done no wrong. Show them you are well prepared to fight.

The system of tracing infringers by IP is seriously flawed and these people know it. If they cannot prove how and when a specific person did it it would be nigh on impossible to do so in court.

I strongly suspect this is a business model, rather than protecting intellectual property rights.

 

Very good point, we know from the DL model that was leaked that they tended to target the technical minded less than those that were not. Knowing your stuff around how P2P works may help???

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multi

multi

Posted
Posted (edited)
It would be a good idea to send that with your LOD. They prey on ignorance.

Start on the front foot, start as you mean to go on and never be intimidated into paying if you've done no wrong. Show them you are well prepared to fight.

The system of tracing infringers by IP is seriously flawed and these people know it. If they cannot prove how and when a specific person did it it would be nigh on impossible to do so in court.

I strongly suspect this is a business model, rather than protecting intellectual property rights.

 

No, it wouldn't. They have a stock template replies in these cases that their evidence is infallible. It is very unlikley you'll be able to argue them away. I wouldn't attempt to engage with them on points of evidence. If they're wrong they're wrong and you have nothing to fear. They don't even accuse you of committing the infringement as required by the CDPA 1988, as they have no evidence of that.

Edited by MARTIN3030
Google CAG instead.
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cashins

cashins

Posted
Posted

No, it wouldn't. They have a stock template replies in these cases that their evidence is infallible. I wouldn't attempt to engage with them on points of evidence. If they're wrong they're wrong and you have nothing to fear. It is very unlikley you'll be able to argue them away.

 

 

I would agree.

 

From what I have seen so far, the more you engage with them, the more they chase.

 

In my opinion it's best to keep it to a staight LOD, then ignore them.

 

David

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multi

multi

Posted
Posted (edited)

Aaaaannd you can see what I mean about mental moderators.

 

Is there any reason you edited my post, Martin?

 

I did not link and am trying to point people in the direction of useful information.

 

Why is this a bad thing?

 

I have notified the site team about your behaviour.

Edited by multi
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Caimbeul

Caimbeul

Posted
Posted

Just a word of warning, i was browsing the ACS-Law (i can think of a few appropriate acronims) website and noticed a small paragraph claiming that they will hold you responsible for copyright infringement if you quote or post things on forums from their website.

How pathetic are they?!

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multi

multi

Posted
Posted
Just a word of warning, i was browsing the ACS-Law (i can think of a few appropriate acronims) website and noticed a small paragraph claiming that they will hold you responsible for copyright infringement if you quote or post things on forums from their website.

How pathetic are they?!

 

Could you point me to where it say that?

 

Rather rich, seeing as they committed copyright infringement themselves in articles on their website: ACS:Law Anti-Piracy Lawyers Are Copyright Infringers | TorrentFreak

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derr

derr

Posted
Posted

so is there no point in proving to them that you were not at home in the periods they say you were infringing?

Why are TBI seemingly looking predominantly at July 2009?

I am furious at BT too for getting me into thsi situation- have cancelled my broadband subscription in protest

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n11186

n11186

Posted
Posted

I am furious at BT too for getting me into thsi situation- have cancelled my broadband subscription in protest Nice one and i think all customers should do the same thinking as you M8 LEAVE BT i would not give them any of my business ever again and also tell as many friends and family as pos to protest with you.

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Huff&Puff

Huff&Puff

Posted
Posted
It's hardly BT's fault, they were ordered by the court along with all the other IPs to disclose the information, if they hadn't they would have been in contempt of court.

 

Quite so. I wish anyone luck in finding an ISP that will guarantee to refuse to comply with a court order ;)

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the_shadow

the_shadow

Posted
Posted
yes but other ISPs are standing on a principle and not giving in.

 

Haha really? which ones then?

 

All they can do is defend/oppose the court action and with the data bill about to get passed into statute I cant see any judge opposing a request for information.

 

S.

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patrickq1

patrickq1

Posted
Posted
Could you point me to where it say that?

 

Rather rich, seeing as they committed copyright infringement themselves in articles on their website: ACS:Law Anti-Piracy Lawyers Are Copyright Infringers | TorrentFreak

 

The legal requirements for claiming litigation privilege are well established and are not in dispute. Communications between a solicitor or the client and a third party will be protected by litigation privilege where the communications are for the dominant purpose of obtaining legal advice in connection with, or conducting, litigation reasonably in prospect: Re Highgate Traders Limited [1984] BCLC 151.

COURTESY OF DAD

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patrickq1

patrickq1

Posted
Posted

so you can put what you want on here since it is privelaged information and you need to discuss what help you require he cannot do anything to you ..in fact let him take you to court then he would have to show just cause and also explain with his expert witnesses how they proccessed information about your isp...and you can then use expert witnesses in DEEP PACKET INSPECTION to prove the case for your isp could possibly have been hijacked...end of i do not know why people worry about all this HE CANNOT AND WILL NOT TAKE YOU TO COURT

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