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

[cerberusalert]

I don't know why this Crossley character gets himself into such a tiswas about whether someone uses a template letter or not, it is still a perfectly legal document as long as it has been executed (usually by a signature). For your information Crossley a legal document does not have to be signed either to be executed, see; Select committee on Trade and Industry minutes of evidence (1996 Legislative working party)

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

 

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to indentify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

 

Now although this working party was looking into the Electronics Commerce Bill it points to . .

 

Goodman v J Eban Ltd (1954)

 

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even theough the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

 

So now taking the highlights above I go to:

 

Interpretations act 1978

 

Schedule 1

 

1973 c.37.

 

"Writing" includes typing, lithograpgy, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

[nickyorm]

it seems like he is trying to engage you into debating with him, drawing this fiasco out for as long as he possibly can and the sickening thing is people will be paying this. i wonder how many cheques have landed on his desk today. If i didn't have a level headed husband i probably would have caved in with fear tho.

A big thank you to everyone on this this thread you've helped save my sanity.

[Flyyyte]

It looks like another door is opening on this

 

http://www.theregister.co.uk/2010/09/13/ip_address_trace_ruling/

 

 

Beat me to it, spamhead! Yup, The Register report certainly makes for interesting reading, especially as it's penned by one of Pinsent Masons' lawyers (the 'Outlaw' of the authorial title.) Pinsent Mason has an excellent track record of vigilance where consmer rights and consumer protection is concerned; to them, Crossley must be anathema.

 

I don't have time to scroll back through all the posts (or even mine my own research) but I seem to recall that Logistep, or a Swiss based outfit like it, was / is pivotal to Crossley's money-grubbing scheme.

 

That said, nothing's really changed:

 

1) Crossley is still mailing out threatening letters with no evidence to sustain 'em and:

 

2) as far as I'm aware, Crossley is still unable to bring a single case to Court.

 

Anyone contacted by Crossley with a view to becoming a victim of his smoke-and-mirrors operation should devote no more than 15 minutes of th eir life to following the advice repeatedly given on here and then sit back and forget him.

[cerberusalert]

Pinsent Mason has an excellent track record of vigilance where consmer rights and consumer protection is concerned; to them, Crossley must be anathema.

I would love to be a fly-on-the-wall listening to the numerous conversations which will surely be occurring within the legal fraternity.

 

The old saying about 'history repeating itself' is true, it seems that his modus operandi is exactly the same.

[myllie]

Just received a letter from the above and was horrified. Never broken law except for the odd parking ticket. Phoned them and they said I had to write and give details why they shouldn't proceed with court action and prove that I didn't do it. We were all at work at the time so there was no way we could have downloaded "party babes" or whatever it was. Wouldn't even know how not really up to much other than forums and emails! Contacted the OFT and they suggested I write asking for evidence and that if they continue to proceed in asking for payment that I have cause for harassment. I have to send the letter recorded delivery so they have to sign to recieve it. Wondered if there is anything else I need to do as I am having palpitations just thinking about it.

[nickyorm]

i would contact the SRA, they are collecting details of people who have been targeted and are bringing Mr Crossly to an industiral tribunial, once u have given your details u will then be kept in the loop as to what is happening. Its a terrible thing to be accused advice seems to be calm down and write a letter of denile LOD, send it first class recorded, continue to deny by letter no matter how threatening they become. If you are innocent then you are safe, i dont even have the same computer that i had in january when i was accused and the time i was asscused of downing was 3.40pm, im usually found in the kitchen preparing dinner for my kids at this time, not downloading seedy hardcore porn. If you havent already its well worth reading as much of this thread as possible, i know its long but people have posted really useful information and links that have helped me alot.

[myllie]

Thanks for that and sorry to be so dumb but what does SRA mean?

[nickyorm]

no prob SRA is the solicitors Regulation Authority, this guy, Andrew Crossly has already been before them on two other occasions i cant post the link because i havent posted enough threads but if you type SRA into google its the first thing that comes up.

hope this helps

 

It would be interested to see if anyone is in scotland, see if they are targeting a certain area

[Caimbeul]

Another bit of news: http://www.theinquirer.net/inquirer/news/1733002/isps-revolt-digital-economy-act

[cerberusalert]

These are the major players in this charade; http://acsbore.wordpress.com/

[wittzend]

I cant believe ACS are still allowed to send out letters of claim when he has to appear before a tribunal.Surely the SRA must be able to suspend him until the outcome..While the SRA are letting him continue,where's the detterent for other's like GM.Absolute joke:x

[Caimbeul]

From my understanding (and this may well be wrong) - the SRA is somwhat akin to an 'old boys club' and like to look after their own and not bring the prefession into disrepute rather than protect the innocent from peolpe like ACS and GM. I would be surprised if anything major is done to stop this racket.

[WhatToDo1]

Thanks, i'm going to ring them tomorrow

[stanwixman]

Hi i got my acs law letter in june and sent a quick lod. I never recieved a reply back so should I assume he has accepted my lod? also i have today sent my second lod to G Mcmillan stating my denial. Has anyone else had a third letter from them yet?

[8of9]

Eeee, 200 pages and still no progress - looks like there's not much more needs doing on this one

 

EEEE Indeed!

 

[nickyorm]

hi stanwixman would u mind telling me the jist of ur 1st lol to acs.

[stanwixman]

hi stanwixman would u mind telling me the jist of ur 1st lol to acs.

 

i just said i didnt do it. i had no idea how it had happened and wouldnt pay thats all. as mentioned before nothing since june and they said i had 14 days to pay up etc

[nickyorm]

my husband is saying the same thing, keep it simple dont give any personal details away. are the letters from this other woman similar. i really hope they do something about him. surly they cant get away with this

[8of9]

HM GOVERNMENT RESPONSE TO THE CONSULTATION ON ONLINE INFRINGEMENT OF COPYRIGHT (INITIAL OBLIGATIONS) COST SHARING

 

http://www.bis.gov.uk/assets/biscore/business-sectors/docs/o/10-1131-online-copyright-infringement-government-response

 

TalkTalk's reaction on Cost Sharing

 

http://www.talktalkblog.co.uk/2010/09/14/talktalk-criticises-digital-economy-act-costs-ruling/

 

All hail the TALKTALK. The ISP with BALLS.

 

:hail::hail::hail::hail:

[Joe-L]

 

It would be interested to see if anyone is in scotland, see if they are targeting a certain area

 

Hi

 

Im new to this forum, today I received a letter from ACS accusing me of downloading porn which I have no knowledge of. I dont know whether to respond to the letter or leave it. I certainly cant afford to pay £495 as is being asked of me.

 

I quoted the above as I am in Scotland

 

Regards

 

Joe

[nickyorm]

im in aberdeen joe, wat are u being accused of downloading mine is something called private gems by media cat.

ive got a letter of denile which im sending and the general response is if you follow procedure it makes you look better if it goes to court (Which no one ever has).

also contact the SRA and fill in the questionaire, takes two minutes and the more people fill it in the better it looks at the upcoming tribunal

hope this helps

[stupiditto]

I sent my letter of denial off to GM over a month ago and havent received anything back from them. I did keep the letter very short and sweet. So fingers crossed......

 

I was actually looking forward to receiving a second letter lol

[cashins]

Im new to this forum, today I received a letter from ACS accusing me of downloading porn which I have no knowledge of. I dont know whether to respond to the letter or leave it. I certainly cant afford to pay £495 as is being asked of me.

 

I quoted the above as I am in Scotland

 

 

Send them the letter of denial - then ignore them.

 

They will bleat on about not recognising template letters and continue to make demands but as they will NEVER take you to court they can go sing.

 

David

[Moscowflyer123]

I like all others before have had a letter from these bloodsuckers. I have tried to put together a LOD from what I have read. I have pasted it below, I would be grateful if you all think it is sufficient ?? Or does it require more detail?

Dear Sir or Madam

I am writing to your letter dated xxxxxxxx, stating my connection was used in infringement of copyright, which allegedly occurred on xxxxxxx.

I categorically deny any offence under sections 16, 16(1)(a), 17 and 20 of the CDPA 1988. I have never possessed a copy of the work in any form, nor have I distributed it, nor have I authorised anyone else to distribute it using my internet connection.

Yours Faithfully

[ANDREW CROSSFIRE]

Hello All,

I've posted on here before, i got a letter from acs about an alleged infringement last year, i replied with an lod in May and have heard nothing since....

Until today! I got a letter from acs again, regarding the same 'work' however this is a new 'claim' alleging that the same infringement has occured this year, my ip was in the july batch.

Do you think the fact that they're making 2 claims for the same file will reflect worse on their part?

Either way, i'm not paying as i haven't done anything i'm being accused of.

I've also took a few screen shots of the file still available for download on many torrent sites, i'm sure a court would see that they're not really bothered about piracy if they can't even send a simple 'take down notice' to any of these sites.