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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...


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When I first received my letter of claim I stupidly rang them up to ask what it was all about, they said I shared it with x amount of people.

How can they prove this?

 

i can't see how they can know who your computer is 'talking' to regarding this, so how can they possibly know how many people you have shared it with? i'd say they have either;

 

* counted how mant ppl are sharing the file and used this

* counted how mant ppl are sharing the file and guessed a proportion of this

* lied, and picked the number out of their arse

 

i believe number 3 to be most likely

 

no way for them to tell who you have shared with. they can only know that you shared with their computer

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So to recap

Tilly Bailey, Irvine. Ceased

Davenport Lyons, Ceased (but transferred clients/work/staff to ACS)

ACS: Law, continuing but referred to SDT

Gallant Macmillan, initial and follow up letters sent. No court cases listed and no 3rd letters sent (but would be due sometime soon)

 

I have two questions.

1. If you send a Lod, receive a 2nd letter from GM and decide not to respond is it possible for GM to get a default judgement? Or would you have to receive a summons sent by the court itself?

2. Which quoted £75000 to defend one of these allegations (http://www.which.co.uk/news/2010/03/file-sharing-accusations-from-tilly-bailey-irvine-205193) can anyone verify or counter this? I thought small claims court claims were limited, even if you added "costs" on after a failed defense, surely £75k is high!

 

And a final random thought.

If ISPs are not held liable for what passes over their network, how can an end user? Be it encrypted or open WiFi.

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One LOD is all that is required - They cannot get a default judgement if you have sent a LOD.

I have received a second letter from ACS saying they do not accept internet template LOD - they can say what they like, but it remains a valid LOD. I am sending today a second LOD in my own words, stating clearly : 1. I did not download / upload the track in question 2. I did not authorise anyone else to upload / download the track. Hopefully this will stop the letters.

But remember : they have to prove that you did what they claim - it is not up to you to provide them with any evidence. Do not enter into discussions with them about your wireless security, (eg you turned it off one day to let your kids use their Ds), or about other people staying in your house etc. this just gives them more to write to you about.

 

If you didnt do it, tell them that - then its up to them to PROVE that you ( and you alone as the recipient of the letter) DID do it. This is something they cannot do and they know this. They just keep writing to you in the hope that you eventually pay them some cash. Remember, they have taken not one person to court as they know they cannot prove you did it.

 

What they are doing is legal but relies on you being scared into paying them cash - dont pay them as this gives them more cash to scare more people into paying them.

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i can't see how they can know who your computer is 'talking' to regarding this, so how can they possibly know how many people you have shared it with? i'd say they have either;

 

* counted how mant ppl are sharing the file and used this

* counted how mant ppl are sharing the file and guessed a proportion of this

* lied, and picked the number out of their arse

 

i believe number 3 to be most likely

 

no way for them to tell who you have shared with. they can only know that you shared with their computer

Completely agree with you - the amount of cash they claim from you is based on a random number of people they THINK you have shared the file with.

Again this has never been tested in court.

Also, the copyright law they claim to be relying on states that the copyright has to be "wholly or substantially" infringed.

Even if you did download / upload the track, bit torrents work by uploading tiny fragments (bits) of the file : Is this wholly or substantially ? Again, this has never been tested in court, for good reason as ACS and GM could well lose this argument, meaning the amounts of cash they claim off you would be questioned !

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I don't understand why it would cost £75,000 to defend yourself, if that's the case then we will all be paying up innocent or guilty. No wonder none have ever gone to court if it costs that much to defend yourself.

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2. Which quoted £75000 to defend one of these allegations (http://www.which.co.uk/news/2010/03/file-sharing-accusations-from-tilly-bailey-irvine-205193) can anyone verify or counter this? I thought small claims court claims were limited, even if you added "costs" on after a failed defense, surely £75k is high!

 

Copyright claims are not heard in small claims, I beleive they come under multi-track rules hence the no limit on costs but stand to be corrected :smile:

 

S.

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I don't understand why it would cost £75,000 to defend yourself, if that's the case then we will all be paying up innocent or guilty. No wonder none have ever gone to court if it costs that much to defend yourself.

 

You might read this first......

 

http://torrentfreak.com/wrongfully-accused-of-file-sharing-file-for-harassment-100831/

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I had a reply of GM within 3/4 weeks and have sent a further LoD as their reply didn't offer any proof or conclusive evidence that I did or authorised any file-sharing. It simply added another IP address which they claim strengthens the "inference of wrongdoing".

 

What did you put in your LoD to make them go away? :-)

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I had a reply of GM within 3/4 weeks and have sent a further LoD as their reply didn't offer any proof or conclusive evidence that I did or authorised any file-sharing. It simply added another IP address which they claim strengthens the "inference of wrongdoing".

 

What did you put in your LoD to make them go away? :-)

 

 

My LOD was pretty much the same as everyone else's.I'm just hoping recent developments with ACS has them deciding to drop the [problem].

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I had a reply of GM within 3/4 weeks and have sent a further LoD as their reply didn't offer any proof or conclusive evidence that I did or authorised any file-sharing. It simply added another IP address which they claim strengthens the "inference of wrongdoing".

 

What did you put in your LoD to make them go away? :-)

 

Nothing different to anyone else.Thats wy I'm curious to know if there has been any other letters delivered.May'be theve quietly given up.

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Anyone heard from ACS since the tribunal announcement in regard to a new claim? The deadline for BT to supply the names from the November 2009 NPO was 19th August or thereabout. 10 000 names supposedly! Not like ACS to hang around...

Anyone know whether ACS can trade any names that they obtain through their NPOs? When DL ceased their actions did they pass on their information to ACS?

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Nothing different to anyone else.Thats wy I'm curious to know if there has been any other letters delivered.May'be theve quietly given up.

 

Ahhh if only :-) I doubt it very much yet. You probably just confused their tickboxes. Maybe they only have 2, paid, or not paid.

They're having to redesign their xls now to add a line in for "offered lower sum".

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Anyone heard from ACS since the tribunal announcement in regard to a new claim? The deadline for BT to supply the names from the November 2009 NPO was 19th August or thereabout. 10 000 names supposedly! Not like ACS to hang around...

 

 

Anyone know whether ACS can trade any names that they obtain through their NPOs? When DL ceased their actions did they pass on their information to ACS?

 

I've not heard from them for a while and its a shame. I only get bills and junk so getting these demands from him makes me feel kind of important, its a bit like having a special friend :-)

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I have not heard back from ACS law since i sent my lod off in june but i have had a second letter from GM saying they acknowledge my lod but as I didnt say why i didnt do it then they will still pursue this matter something about practice direction. they say i provided no alternative explanation as to who might have done so. They say mere denials are incompatible with practice direction and that in the absence of a proper explanation as to why i didnt do it then the inference of wrongdoing remains. They say that if i give them details of anyone over the age of 16 who may of done it then the letter of accusation will be channged to them and the case against me will be dropped. that is my wife an she certainly didnt do it. Its my birthday tomorrow so nice birthday im going to have !! how can i prove i didnt do it and what will happen next if i deny it again . i cant afford to pay the fine let alone any costs that might come of this.

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I have not heard back from ACS law since i sent my lod off in june but i have had a second letter from GM saying they acknowledge my lod but as I didnt say why i didnt do it then they will still pursue this matter something about practice direction. they say i provided no alternative explanation as to who might have done so. They say mere denials are incompatible with practice direction and that in the absence of a proper explanation as to why i didnt do it then the inference of wrongdoing remains. They say that if i give them details of anyone over the age of 16 who may of done it then the letter of accusation will be channged to them and the case against me will be dropped. that is my wife an she certainly didnt do it. Its my birthday tomorrow so nice birthday im going to have !! how can i prove i didnt do it and what will happen next if i deny it again . i cant afford to pay the fine let alone any costs that might come of this.

 

You dont have to prove you didn't do it,THEY have to prove you did,if you didn't do it relax,have a great birthday try not to worry.Nothing is going to happen apart from the w@nkers sending you more letters.As long as you send a LOD youv'e done your bit.If you haven't already done so complain to the SRA and your MP.

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Ahhh if only :-) I doubt it very much yet. You probably just confused their tickboxes. Maybe they only have 2, paid, or not paid.

They're having to redesign their xls now to add a line in for "offered lower sum".

 

 

Or a new line for" told to F@CK OFF":lol:

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I have not heard back from ACS law since i sent my lod off in june but i have had a second letter from GM saying they acknowledge my lod but as I didnt say why i didnt do it then they will still pursue this matter something about practice direction. they say i provided no alternative explanation as to who might have done so....... .

 

Have GM replied to the letter you sent to ACS Law or have you had a letter from both ACS Law & GM ?

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I havent had a reply from acs law yet? I got a letter from GM yesterday and its freaking me out. THey say that LODs cannot be accepted and that My reasons were not enough. They say if I cant prove it wasnt me or give good enough reasons it wasnt me then their clients will still pursue the case. I cannot afford the fine let alone court costs if it ever came to that. I am paranoid that my pc was compromised in someway for sky to show me as downloading the said tracks. How can I prove other wise? I was under my gp last year for depression and this is the last thing i need right now. I have written a second lod but havent posted it yet. I have said that I cant possibly prove it wasnt me and that I know nothing of file sharing etc and my health is suffering -and to ask them again to drop their claim> should i send this. I am also dreading anotheer letter from ACS law as its been three months now and no reply to my original lod. Please can someone advise me and help put my mind at rest thanks

Edited by stanwixman
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I havent had a reply from acs law yet? I got a letter from GM yesterday and its freaking me out. THey say that LODs cannot be accepted and that My reasons were not enough. They say if I cant prove it wasnt me or give good enough reasons it wasnt me then their clients will still pursue the case. I cannot afford the fine let alone court costs if it ever came to that. I am paranoid that my pc was compromised in someway for sky to show me as downloading the said tracks. How can I prove other wise? I was under my gp last year for depression and this is the last thing i need right now. I have written a second lod but havent posted it yet. I have said that I cant possibly prove it wasnt me and that I know nothing of file sharing etc and my health is suffering -and to ask them again to drop their claim> should i send this. I am also dreading anotheer letter from ACS law as its been three months now and no reply to my original lod. Please can someone advise me and help put my mind at rest thanks

 

Read the "speculative invoicing handbook- what to do if you get a questionnaire". Though you didn't get a questionnaire it should reassure you. I haven't recieved a reply from my LOD yet but I've decided I'll reply once again and that will be the end of it as far as I'm concerned. They have to prove you did something wrong. Its not up to you to prove you didn't- how can you? You can't! Its impossible. It's something that supposedly happened 8-9 months ago. You might not have the same computer or hard drive. If you say you weren't in at the time they could say "well that doesn't stop your computer being on". If you say it could have been someone else in your house they'll say "well who?" and it you say your Wifi might have been breeched they'll say "it's your fault for not securing your connection" which is bullcrap because there is no law to back this up- I've been told you cannot be held responsible for someone else misusing your connection without your consent. Whatever you say they won't accept it and they'll know more about you so don't bother. If they do decide to drop your case they won't have the decency to let you know because they don't have to and they don't give a crap about the welfare of you and me. The fact that you cannot prove your innocence was pointed out in the House of Lords months ago and it's well known.

 

I've lost sleep and sanity over this too, but the longer I go without a letter from them the more relaxed I feel. I've complained to my MP about this and they know how much it stinks.

 

No court cases have happened yet that weren't default judgements or people who confessed. I can't honestly imagine this even getting to court for so many reasons.

 

I know I've repeated what a lot of people have already said (sorry!). But I'm coming as a scared newby who isn't worried anymore. This thread has been invaluable.

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