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

[car2403]

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...

 

I'm not sure what can be done to stop them, really? It's a fishing initiative, and some mug will always end up paying, so they'll keep doing it.

[Angryman273]

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?

 

Just came across this forum whilst checking up on ACS:LAW. I had the same letter myself and i am very stressed by this not sure what to do and the advice in the next post was read all the posts. Thats 50+ pages. I am shaking so much even try to type this is nerve racking.

 

Please what is the best action to take.

 

I WASN'T EVEN IN THE COUNTRY WHEN THEY SAY THIS OCCURED.

[car2403]

Just came across this forum whilst checking up on ACS:LAW. I had the same letter myself and i am very stressed by this not sure what to do and the advice in the next post was read all the posts. Thats 50+ pages. I am shaking so much even try to type this is nerve racking.

 

Please what is the best action to take.

 

I WASN'T EVEN IN THE COUNTRY WHEN THEY SAY THIS OCCURED.

 

This seems to be the latest situation;

 

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.

 

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]

Thanks Huff&Puff. I don't understand why people wouldn't want to read through in the first place IMHO!

[teddylorry]

changed my mind, i am now sending 6 lod all reg post they will not get any money from me,i know this is the right thing to do,but it is still giving me sleepless nights.

[Et Contra Pacem Regis]

A bit of clarification on the track allocation point raised:

Although a claim under £5,000 would typically be in the Small Claims Track, These "claims" if they are ever issued are unlikely to be allocated there because:

1. ACS will want to recover legal costs for the proceedings if the consumer is putting in a defence. To do that they need it to be fast track

2. If a defence is entered, the case is likely to involve complex technical issues, such as how ACS have come to identify the defendant, etc. Which would be a circumstance considered on allocation.

3. ACS will be hoping, if they issue, for people to fail to acknowledge service and defend the claim, in which case they will simply be getting default judgment.

 

This suggests that claims may really be issued:

ACS Law to issue claims - Case Watch Law Articles and News - Lawdit Reading Room

 

Though I rather suspect that people who issue claims in a "batch" are essentially engaging in litigious spam, it would be interesting to see one of these claims, to see how bad the drafting is......

[car2403]

How can we know what is/isn't in the claim until one is received?

[johnylogan]

I intend composing a letter to them tomorrow, it was suggested I write "that I am not prepared to deal with any further template letters from them and that I would be more than happy to attend any court case"..........what do you think?, please

[Huff&Puff]

I think that's fine. It is a "put up or shut up" letter, nd often works well at shutting up debt collectors. Let's hope it is just as effective with this lot.

 

BTW, back when Davenport Lyons were playing this game, I'm sure I recall that there was a big law firm that were taking them on, and were making counterclaims on behalf of victims. Does anyone know who they were, or what happened to them?

[cashins]

BTW, back when Davenport Lyons were playing this game, I'm sure I recall that there was a big law firm that were taking them on, and were making counterclaims on behalf of victims. Does anyone know who they were, or what happened to them?

 

I seem to recall that as well but can't think who it was.

 

The Lawdit article above does make a very good point.

 

Above all do not ignore these claims, if you ignore and Judgement is awarded against you, legal costs may well be considerable.

 

For anyone out there who doesn't know how it works these days.

 

If they put batch claims in, especially through Northampton CC Bulk Centre, (where they don't even need to supply supporting documentation) If you DO NOT defend, judgement will automatically be granted against you without a judge even seeing the case.

 

David

[andydd]

I seem to recall that as well but can't think who .

 

If they put batch claims in, especially through Northampton CC Bulk Centre, (where they don't even need to supply supporting documentation) If you DO NOT defend, judgement will automatically be granted against you without a judge even seeing the case.

 

David

 

ACS aside this is starting to sound worrying, what's to stop me (or anyone) just putting fictious cases through Nottingham in the hope that many people will just ignore them and i win be default, seems to be a flaw in the sytem (that ACS are using).

[cashins]

ACS aside this is starting to sound worrying, what's to stop me (or anyone) just putting fictious cases through Northampton in the hope that many people will just ignore them and i win be default, seems to be a flaw in the sytem (that ACS are using).

 

Well, they haven't used it yet but that's the way it is I'm afraid.

 

Bulk Centre is used primarily by the Debt Collection Industry whom are often bringing many actions at the same time. The government thoughtfully set up this system for them, so as not to clutter up the courts.

 

You will find that, in this country if you are classed as a 'debtor', no one really gives a sh*t about what happens to you.

 

If a defense is entered however, the claim will then come out of the Bulk System and be referred to your local court, so entering the normal court system.

 

David

[johnylogan]

So in essence I should refute their claims and say I am happy to attend any court hearing to defend myself....yes?

[cerberusalert]

So in essence I should refute their claims and say I am happy to attend any court hearing to defend myself....yes?

 

Yes.

[nwotb]

the more you think about all of this, untill they have got evidence of you personally doing anything of the sort, and not just that its your ip address in question they havent really got any proof of any thing have they i mean some people use wireless and dont know have to secure it even if it is secure like people can hack them theres nothing that links your pc to your router so.Also im sure i seen somewhere they sent an initial 6000 letters out lets just say each letter is for £500 (some are more) and every one pays up thats £3m of pretty much profit course there gonna keep sending letters i think i will play the generated letter sending game with them and worry if i get a letter from some where official. [causing problems] cxxxxs

[Huff&Puff]

I could think of loads of defences as far as the technical side goes (without wishing to blow my own trumpet, I'm something of a computer wiz). If they ever did try and take anyone to court, I don't think it would be that hard to find some real expert witnesses who would be prepared to give their time for nothing.

 

Davenport Lyons never tried taking a defended case to court, and I can't see this mob doing so either, there are just too many holes in their arguments.

[andydd]

Yes.

 

..and will be at a court local to you...meaning a lengthy trip (maybe) for ACS.

[andydd]

the more you think about all of this, untill they have got evidence of you personally doing anything of the sort, and not just that its your ip address in question they havent really got any proof of any thing have they i mean some people use wireless and dont know have to secure it even if it is secure like people can hack them theres nothing that links your pc to your router so.Also im sure i seen somewhere they sent an initial 6000 letters out lets just say each letter is for £500 (some are more) and every one pays up thats £3m of pretty much profit course there gonna keep sending letters i think i will play the generated letter sending game with them and worry if i get a letter from some where official. [causing problems] cxxxxs

 

Its a pity that this whole saga wasnt stopped at the 'demand users info from the isp' stage. The judge at that stage should of stopped it or at least demanded further info about the detecting of users from their Ip addy.

 

Andy

[cashins]

Davenport Lyons never tried taking a defended case to court, and I can't see this mob doing so either, there are just too many holes in their arguments.

 

Agree with that.

 

They don't need to, the money's been rolling in anyway. Even if only 10% cough up, that's £300k

 

David

[cashins]

Its a pity that this whole saga wasnt stopped at the 'demand users info from the isp' stage. The judge at that stage should of stopped it or at least demanded further info about the detecting of users from their Ip addy.

 

 

You would have thought so especialy as Davenport Lyons pulled the same trick.

 

The worry is that, (correct me if I am wrong), the Solicitors Regulation Authority, which is supposed to do what it says on the tin, did damn all about Lyons and I wouldn't hold your breath about this lot.

 

David

[SL8R]

I have been following this with interest, and as previous post and "links" have implied this firm is obviously working with Davenport Lyons. Given the unproven technology that is being used to justify their claim and the tactics used, i think a class action would be needed to stop this rediculous escapade?

[cashins]

and as previous post and "links" have implied this firm is obviously working with Davenport Lyons.

 

As I understand it, some of Davenpost Lyons staff 'moved' over to ACS

 

David

[b16ave]

Hi all , Just recieved my second letter from these people,,still demanding £500 within seven days,,,,(dont think so sunny jim !!!),not a penny will be given.

 

How many other people have had second letters ?

 

Davie

[Nikkinooch]

Hi all , Just recieved my second letter from these people,,still demanding £500 within seven days,,,,(dont think so sunny jim !!!),not a penny will be given.

 

How many other people have had second letters ?

 

Davie

 

I have received a 2nd letter (where my demand from £500.06 to £625.00) and replied with 2nd LOD (template I might add). I am also expecting to receive a 3rd letter (probably with a higher demand - take me to court Mr Crossley PLEASE!) from the charming Mr Crossley.

 

My understanding is that many, many people have received 3 letters but I am not sure if anyone has reached the letter 4 yet ......

[bobsposts]

I just received a letter sent second class (such is their urgency) relating to a film they have never contacted me before about but yet claim I have not responded to them about.

I did have a letter from Davenport Lyons, is there a connection somewhere? What approach should I take?