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

[Time on my hands]

jonnyboy86,

 

 

Use it in conjunction with the advice on this forum. Some people choose not to use the template as sometimes ACS send a stupid letter back saying they won't respond to templates.

 

I used it for guidance and wrote my own.

 

ACS Law send that as a standard reply. You will be accused on using a template whether or not you did. The reason for his is because unless you give them a line of attack, accusing you of sending a non-valid letter is the only reply they have.

 

Ok. This is strange. I have today received a letter addressed for someone else, who has clearly had the same kind of correspondence as the rest of us. I can't give too much away as i feel that either myself or the person in question may be identified. I have no idea what to do at this point. I've tried to find the person using the internet and failed. If anyone knows how i may be able to track someone down using alternative methods, please get in touch.

 

They are using a mail-merge to send thousands of letters. This kind of mix-up has happened before (reported on the other forum about a year ago).

[tp123]

Recieved email from SRA.

 

Is it normal for the SRA to request a copy of the letter by ACS Law? The email address is different to the one I sent my complaint to.

 

Am I being paranoid?!

[zero_flight]

I haven't been asked to send a copy of my letter to the SRA, they just asked for specific details from me. So I'm not sure about that. Its understandable about the paranoia, as you don't know how low this company will stoop. Judging by previous tactics that they've employed, the answer to that one is extremely low.

[smiler876]

i would be very wary of that email asking for a copy of your letter,

SRA just asked for some details off mine, not the whole thing

[whereswally]

Can you paste the email address they sent it from on here please?

[shapesandcolours]

hi all,

 

Had my letter a couple of weeks ago and after reading the forum, posts from you all I'm now ready to send my LOD. I know we should not use the templates but as a guidance could somebody tell me where I can find them. Thanks

[Scooby Doo69]

The law doesn't state that you can't use a templated response. After all ACS use a template to send out their claims. It's them trying it on.

 

As long as the facts are included, why not.

 

Google ACS Law and it should lead you to beingthreatened web site.

 

They removed the initial LOD template as they feel the first response should be personal.

 

Just write a simple LOD if you are innocent denying the claim, stating your reasons why.

 

The most important thing is to give away minimal information as ACS will quickly pick up any nuggets of information (e.g. whether your internet connection is wireless, secured, etc) that could result in a follow up letter.

 

Good luck, you are not alone.

 

Scoobs

[Scooby Doo69]

Can you paste the email address they sent it from on here please?

 

Does it matter Wally? The SRA web site will give the official e-mail address and telephone number for them.

 

Simply call them to confirm whether the e-mail address is genuine or not.

 

If it was me I'd only send correspondance to the generic SRA e-mail address anyway.

 

Perhaps the SRA want to sample the letters being sent out.

[tp123]

Cheers Scooby Doo69,

 

I have confirmed the email is legit. (It is also referenced on page 93 of this forum). Just me being paranoid. It is the first I've heard of them asking for a copy of the letter having read through this and other forums. I hope it is a sign that their investigation is picking up momentum.

 

Regards

[whereswally]

Does it matter Wally? The SRA web site will give the official e-mail address and telephone number for them.

 

Simply call them to confirm whether the e-mail address is genuine or not.

 

If it was me I'd only send correspondance to the generic SRA e-mail address anyway.

 

Perhaps the SRA want to sample the letters being sent out.

 

Just wanted to check if the domain was the same for him, just helping is all

 

But agreed, I would call them and confirm if unsure.

[Scooby Doo69]

Just wanted to check if the domain was the same for him, just helping is all

 

But agreed, I would call them and confirm if unsure.

 

No offence intend Mate.

 

Your help on here is much appreciated

 

Scoobs

[KDYPAR]

I have just received a letter from ACS Law this week asking me to pay £495 for allowing people to upload a film from my pc via a p2p.

I have never even heard of this film before let alone downloaded it or uploaded it.

I have been reading this forum and I am going to use a template LOD to reply to them.

I must admit to being worried about this letter because I have never heard of this sort of thing before.

I would be very thankful for any more advice on the matter.

[whereswally]

Hi KDYPAR,

 

Just going to be lazy and repost info for you. It should point you in the right directions and has helped a few people recently hit by these letters.

 

 

Guys who have been affected by the recent claims, who are innocent..read on:

 

Step's to follow (imo):

 

1.) Calm down now

2.) Get your head around the fact that this will take TIME

3.) Google the website "being threatened"

4.) Read the forum "Slyck", where we can talk and provide useful links/templates

5.) READ

6.) Reply with a LOD (Letter Of Denial) by their reply date, but leave it till the last minute and send recorded delivery. Do not give away any personal information on the case which could be turned against you.

7.) Complain to the SRA (Solicitor Regulation Authority)

8.) Complain to everyone who will listen and remember, you are not alone.

 

There is a large amount of material on this on many sites such as BBC, Guardian, Which? computing etc. The only way you will focus, is by reading up on it.

 

It is not a [problem]. It is a very clever backdoor legitament case of dishonesty and taking advantage of a loophole in the current laws. You must treat this very seriously by keeping a copy of everything sent/received and make sure you cover this from the angle that everything will be used in evidence in court.

 

If you do give them too much info or put up personal info that can be used against you, then their case gets bigger on you.

Known to date....there have been 0 court cases over their "allegations".

(disclaimer) This post is a very quick summary and all steps above does not count as legal advice and I will not be held responsible for any problems that arise as a result, it has however, helped many many people deal with this distressful allegation pursuit.

 

 

 

In answer to a few important and basic questions for the newcomers:

 

 

1.) Should I ignore the accusation if I am innocent?

 

No, you should not under any circumstances ignore these letters. By ignoring them, it opens the door for ACS:LAW to raise a "no denial present or no defence" case in civil action, which basically is the same as you admitting that you did it......which if you are innocent, isn't what you want.

2.) How long should I wait until I reply?

I would say that it's in your best interest to reply within the date they specify to pay their imaginary "all inclusive settlement fee", which should be roughly 21days as their standard first letter shows, but check your letter of claim. However, leave it until the last minute of the deadline till posting (recorded signed for) and keep a copy of all paperwork including the signed for receipt. This way, if in the unlikely circumstances that it goes to court, you have all the paperwork to say that you did deny their allegations within the schedule specified. It also allows you more time to read and more time to pass for the SRA to take action.

 

I believe in some circumstances they pressure you for the settlement within 7 days, which is frankly absurd. I would advise at this stage to reply with a copy any LOD's you previously sent and say something along the lines of "please see previous correspondence on stating my innocence and my position hasn't changed, I will therefore not be communicating with you any further on this matter. This will force them to be in a position to "proceed with civil court procedures against you", which as we know, would not work for them and has not happened to date. As soon as they go to court and lose, they will simply not have a leg to stand on and their scheme comes tumbling down with them.

 

3.) Using a template letter to reply

 

If I am totally honest, I have read many cases of people using the template letter and sending it to ACS:LAW. I actually can see where ACS:LAW are coming from, as people are obviously not personalising the guided template enough and would not look great in court, especially as it is something we want to use against ACS:LAW...(their use of a templated letter of claim, how ironic!).

 

I would advise customising the template letter so that you repeat their accusations and intentions, state your position on the matter and keep the language comprehensive, understandable to yourself and also only providing them with info that they have used before. I will repeat again - do not under any circumstances provide them with any further information for them to use against you (personal/family/router/isp etc details).

 

I would also recommend that you do not make any threats, emotional statements or suggest that you will commit yourself to any action that you are not prepared to fully carry out.

 

4.) Should I ring ACS:LAW?

 

Personally, I would advise against it. Firstly, they are unlikely to answer and you might provide a guilty answer phone message for their records for a case against you. It is very obvious that Andrew Crossley (if you do speak with him) is completely fanatic about his quest and even if you do speak with him, he is highly unlikely to change his position given the sheer amount of negative publicity and pressure already put onto him. You will most likely get a receptionist there who forwards all of his mail to him and she won't understand or care about the dishonest practices at all.

5.) How many letters should I reply to?

 

I would advise replying within the requested deadline (21/14/7days) for at least the first two letters of claim, then reply on the 3rd with "no further communication etc" (see paragraph 2 of question 2). It is up to you whether you deem it necessary to reply to the 3rd/4th/5th + game of legal letter ping pong. I would expect their wording to change as the letters progress, more bullying tactics to be used and unless they have any substantial magical evidence to convict an innocent person.....expect more of the same (if they have the time) to chase you until the SRA pull their finger out.

 

PLEASE ask any questions if you are unsure, there are people on here that have been issued letters of claim by ACS:LAW for over a year now and with the experience and numbers that we have, can fight this together.

 

I hope the above helps, but I am not a legal advisor, just offering advice in my spare time....there is plenty more info out there and templates on being threatened.

 

WheresWally?

 

 

 

**Let's all still push contact with BBC watchdog**

 

BBC - Watchdog - - Got a story

 

 

[KDYPAR]

Thanks whereswally

 

I have just read my letter again and under the Unlawful act and consequences section it actually states they have evidence that I am responsible for the infringements directly or by giving someone authorisation.

Surely this is just speculative isn't it? How could they possibly know what I am doing on my computer and even if it is me.

[whereswally]

They don't.

 

All they have is an IP address of an internet account to which they believe an infringement of their client's work has been carried out on.

 

If you didn't do it, then you have nothing to worry about and their evidence does not and will conclusively prove that you committed the alleged offence.

 

Only reply when you are ready (do some reading!), but make sure you reply within by the deadline.

[YODA456]

I can't believe this is still going on. They originally sent me a letter last June for an alledged infringement the year before! I haven't heard from them since October 2009. I don't know whether I can say I'm in the clear as it constantly hangs over me, but if there's anything I can do with the plans to bring ACS down then let me know!

 

Hi, I'm new to this forum. I received my letter and court order was dated 17/02/10. I was given 21 days to reply. I'm interested to hear some people saying they haven't heard anything for over 6 months, some for nearly a year. Is there not a time limit that ACS should be replying to us? Surley if they haven't got back to you in at least 3 months, they shouldn't beable to proceed any further? Would the courts (if they ever took anyone to court) not take a dim view in ACS dragging their heels and keeping people waiting!

[YODA456]

Yes ACS: Law did the same to me, I asked them for more information and they told me that I was not entitled to it. I had all the information that I needed. However, when thinking back the person on the telephone did not appear to know what they were talking about, it sounded like they were reading off a piece of paper. That was about two weeks ago and I have not wasted anymore time on them.

 

 

I'm not entirley sure but shouldn't ACS provide the defendant any or all of the evidence they have? I'm sure this is standard and is part of the civil procdure rules. If they do take someone to court and suddenly present the judge with evidence the defendant hasn't had a chance to study would they not look upon ACS unfavourably?

[shenme]

Hi, I'm new to this forum. I received my letter and court order was dated 17/02/10. I was given 21 days to reply. I'm interested to hear some people saying they haven't heard anything for over 6 months, some for nearly a year. Is there not a time limit that ACS should be replying to us? Surley if they haven't got back to you in at least 3 months, they shouldn't beable to proceed any further? Would the courts (if they ever took anyone to court) not take a dim view in ACS dragging their heels and keeping people waiting!

 

Apparently there is a period of 4 or 5 years from the date of the alleged infringement where they can bring proceedings against you, though I don't know how favourable a judge would look at them dragging their heels and neglecting contact.

But, to clarify, I really don't think that they will be issuing proceedings against anybody (maybe with exception to those who did it and admitted doing so).

I won't lie and say that I am not still a little worried by all of this, but it's purely because there has been no formal end. However, I can assure all the new guys that as worrying and stressful this situation is, it will ease up. It won't be the all encompassing evil in a couple of months time so long as you follow the advice of others on here.

Stay strong, think rationally and realise that you're not alone!

[Bberryuser]

Hi.

 

I understand some ISPs have refused to handover client information to the likes of ACS Law. Does anyone know who they are?

 

Also has anyone paid ACS Law and got a letter shortly afterwards for another downloaded file? Not that I am intending to do so but this would really prove what their primary objective is.

[devonwoman]

As far as im aware Talk Talk are the only ISP that are refusing to give out peoples information. With regards to people paying i have seen on other websites where they have been sent another letter after paying up, so doing this does not get them off your back. Once they know you will pay they will keep coming back it seems.

[Scooby Doo69]

No ISP can refuse to provide customer information as it's a court order.

What appears to have happened though is Talk Talk refused to play ball which saw them not included in the lastest batch.

 

Makes you wonder why they were dropped when the evidence ACS Law has is so water-tight?

 

;-)

[shenme]

Has anyone seen the latest "News" from the ACS:Law camp? Andrew Crossley addressing the masses to rebuke claims of bullying, extortion and the right for the accused to respond!

All it will take is for people to search for him and to see the letters for themselves. Oh and they're going to be at Cannes offering their services!

The man is pathetic

[Yorky2008]

Blimey, got a link?

[Scooby Doo69]

They don't like links on here. Searching ACS Law should do the trick.

 

What is amazing is how many times He's threatened that litigation is coming (last was in 2009 I think) yet no one has seen or heard to back this up.

 

You'd think with their cast iron evidence that once they got a case win they'd be splashing it out across the web site.

 

I think this will not go down well with the SRA and of the like. Like their whole process, it's built on sand

 

[Yorky2008]

I found it, here is what AC wrote on his website

 

Written by Administrator Saturday, 01 May 2010 23:26 A personal letter from Andrew J. Crossley

 

I have been operating the file sharing litigation aspect of my practice for a year now. I would like to counter five commonly held misconceptions about what my firm does:-

1. It is said I accuse individuals of infringement of copyright in my initial letters. This is not true. I make an enquiry of the recipient of my initial letter following receipt of evidence that their internet connection was utilized for the purposes of infringing copyright of our clients (or their licensors’ copyright, as appropriate);
2. It is suggested that I accuse people of downloading. This is not true. I state that the internet connection was used to make the copyrighted work we are concerned about available to others (in other words, uploading, not downloading);
3. I am accused of demanding payment in my initial letters of claim. This is not true. The recipient of the letter of claim is afforded the opportunity if they wish to close the matter off and avoid the issue continuing by entering into a compromise agreement to bring the matter to an end. They are under no compulsion or obligation to do this and the compromise agreement is an entirely voluntary process;
4. It is said our data collected is inaccurate and cannot be relied on as sufficient evidence to pursue a claim. This is not true. The data suppliers we use have all separately and independently been assessed and monitored to determine their accuracy and integrity of data captured. Reports by independent experts are produced and made available to court in advance of our application for disclosure and on each occasion so far the court has felt able to grant our applications, with these reports in mind. The only known and cited example of data being “wrong’ is that of the Murdochs (a Davenport Lyons matter). In fact there was no error with the data captured, but an error by an ISP in giving the wrong name to the law firm; and
   
5. It is suggested that I never issue any claims. This is not true. It is fair and correct to say that I try to avoid litigation wherever possible and exhaust all other avenues falling short of litigation prior to proceedings being issued (open offers of settlement, extensive correspondence, CPR Part 36 offers, final warning letters and so on), but proceedings have been and will continue to be issued in appropriate cases. Litigation has always been the final option in the processes I invoke on behalf of my clients and the number and frequency of such actions is shortly to increase significantly. However, each case will be assessed on its individual merits before a decision is taken to issue proceedings.
   

Andrew J. Crossley

1st May 2010