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

[Mattyhatty]

Yes, thats what we like to see.

 

Escape from the sh*t they created.

[Mattyhatty]

I just got my second letter from ACS LAW - and ohhhh look. It is a template letter rejecting my template letter.

 

A bit of a joke, because in the middle of the template letter i wrote for the accused, was a free text and personal reason to why they were no where near a computer at the alleged time of infringement. This under those fantastic copyright laws - it proves as a void and would go no where. which makes it annoying because as a civil dispute they can keep on coming.

 

Is there a template letter for the 2nd letter please? haha!

 

cant remember which page it was on.

 

 

Also, is it worth getting a little sly and mentioning that they breached protocol from the start? has any one mentioned that and received a response regarding it?

[cashins]

You have made your position clear so I don't really see why you would have any futher truk with them.

 

Unless of course you want to have a laugh at their expense.

 

David

[Mattyhatty]

il happily stick the vague responses, i can see my cockyness highlighting me as a court case example haha

 

so will re iliterate the personal defence and find a 2nd letter for template rejections and re word it to why they should read it.

[Mattyhatty]

Has any one got a direct link to the SRA? I think im going to add my complaint now.

[kilotango22]

http://www.sra.org.uk/solicitors/solicitors.page

 

I wouldn't be telling them they have breached protocol, I haven't even told them that the ISP company which have supposedly identified me as a subscriber is not a company I have ever heard of, I'm with somebody else, I assume their mail merge for their template letters has screwed up along the lines, must be difficult getting all them 1000's of templates correct.

 

If I'm a lucky one and get taken to court I'll drop it all in front of them then, should be worth a few quid to me

[cerberusalert]

Has any one got a direct link to the SRA? I think im going to add my complaint now.

 

http://www.sra.org.uk/contact-us/

[floppydog]

@kilotango22 - Just a little note to say that the ISP they are quoting is the one who had that IP address on line at the time. Please remember that O2, Orange, Plusnet, Sky etc etc rent lines off of other companies to make sure they can supply their quota.

[kilotango22]

@kilotango22 - Just a little note to say that the ISP they are quoting is the one who had that IP address on line at the time. Please remember that O2, Orange, Plusnet, Sky etc etc rent lines off of other companies to make sure they can supply their quota.

 

That may be the case, but if you are a customer of orange and your interent goes down you don't call up sky to enquire whats wrong, your ISP is the firm you are under contract to, they are the ones you pay your money to and they are the ones you give notice too when your time to quit comes.

 

By your reckoning and it could well be right, talk talk customers should also be getting these letters, but their ISP doesn't roll over.

[floppydog]

As you said about Talk Talk,I'am sure that they have more info than they are giving us. When they have asked for the ISP provider they will be given the info in the style of Be-Unlimited at that time used by B Sky B. So if it said Talk Talk they would obviously ignore it. IMO.

[crossleyp]

this thread has made for some interesting reading and provoked some thought. I too originally recieved a letter from gallant macmillan regarding my supposed illegal download and after sending my reply, admittedly using a template from the internet as a guide, and have now received their second letter stating they wont accept this as its a template. Makes my blood boil but I can see that some people would pay up just to get them off theur backs.

Will be contacting my ISP to ascertain why they divulged my details and maybe taking my business elsewhere, maybe talk talk

[day67]

Just got my second letter from ACS LAW - and look it's a template letter rejecting my letter.

 

Didnt take long to respond, 26 days.

They cant make there mind up which gender i am..???

It proves a point that they dont read any of the letters, but how can they when they have over 1000 people sending LOD's

Do i respond to this second letter refering to the first letter.

[day67]

May invite the 25 guests reading this thread to join and voice you opinion.

[Guest Cartaphilus]

Yes, lets, seeing as they also appear to follow me around on this forum ...

[johnsmith999]

by 8of9 » Mon Aug 16, 2010 2:41 pm

Meanwhile, over at Plusnet, Fletch is back from his Hols...

 

Today at 19:30 »

 

All;

 

Per Bob's post I am back from holiday - sorry for not being clear on this in my last update. I'm going to post out an update tomorrow late afternoon / early evening on where are up to with ACS Law.

8of9

 

Hopefully we should get some "Interesting" News later today. I just hope that an ISP - Any ISP challenges his "evidence" in court, rather than just saying (Like Talk Talk) that they will contest it and so get taken off the NPO. Now is the time for the ISP's to take a stand and see what (if any) evidence they really have. If it can be proven that he does not have a case then it will stop this business model in its tracks,

 

The Government has got rid of one bunch of Parasites, Wheel Clampers, now is the time to get rid of this set of Parasites IP Lawyers.

[kilotango22]

As you said about Talk Talk,I'am sure that they have more info than they are giving us. When they have asked for the ISP provider they will be given the info in the style of Be-Unlimited at that time used by B Sky B. So if it said Talk Talk they would obviously ignore it. IMO.

 

Thats not what it claims on my letter, it merely states that my ISP (Internet service provider) XXXX has identified me as a subscriber. I am not a subscriber to ISP XXXX I am a subscriber to ISP YYYY if you see my point, the company they have named has different terms and conditions and tarifs.

 

The company you have named there, Be Unlimited are indeed an ISP with their own T&C's quite different to all the others and soon you will not need a BT line to subscribe to them.

 

I think it would all help anyone if it ever got to court if you can show even little things like that, when lets face it, none of us can actually prove we didn't do it just as ACS or any of the others can't actually prove we did. I Like to think that me being of previous good character and not Mr Crossley already having been dealt with 3 times by the SRA who cannot even identify who you pay for your internet service would be believed by any judge in the land on his so called evidence.

[Mattyhatty]

If only we can contact the courts ourselves and book a date to get it over and done with

[Jd 1984]

May invite the 25 guests reading this thread to join and voice you opinion.

 

Hi, my situation is this. I am being sued by acs law for apparently downloading and sharing 'evacuate the dancefloor', the amount is £295. I have sent off a lod and have just received my second letter saying they will not accept my lod because it's a template found online. I have phoned acs law twice now firstly because I didn't have a clue what it was about as I have never heard of the song (I listen to heavy metal) and the guy on the phone who was actually quite nice said send them a letter saying it wasn't me who downloaded it, the second call was a bit more angry as I had then researched it online and watched the one show etc and realized what was happening, funnily enough it was the same guy who answered the phone 100%.

 

I don't want to go into anymore details really as they probably look at these forums but I did not download the file, I can't prove I didn't and don't know how to, neither can they so no money will be leaving my bank account and going to acs law unless by some miracle they take me to court and win.

 

Sorry rant over

[8of9]

As you said about Talk Talk,I'am sure that they have more info than they are giving us. When they have asked for the ISP provider they will be given the info in the style of Be-Unlimited at that time used by B Sky B. So if it said Talk Talk they would obviously ignore it. IMO.

 

The way it works is:

IP addresses are collected from a Torrent of a Copyright file (Probably placed there for this purpose)

The ISP of the IP addresses is identified. You can do this quite easily using a WHOIS enquiry. They would automate it.

A list of the infringing IP's is sent to the appropriate ISP's with a letter informing them of their intention to apply for a court order (Norwich Pharmacal Order), for them to reveal the owners of the IP's, and (most importantly), if they are going to contest the application.

This is where TalkTalk said that they would challenge the order and were subsequently omitted from the application. All the others received the order to reveal the identites of their IP addresses.

Letters of claim followed.

 

A clause in the NPO says that The person seeking the court order must have a genuine intention of commencing proceedings.

It says in the order that the applicant must supply to Plusnet "Within six months of the date of disclosure the applicant shall provide a written report stating precicely from the relevant names disclosed (1) how many of those persons were sent letters of claim, and (2) against which persons legal proceedings were issued"

That date was 3 August.

That is why what is going on now between Plusnet and ACS Law is so important.

While this loophole (NPO) is being used thiis will continue until it is challenged by a judge or before a court.

[8of9]

That is why what is going on now between Plusnet and ACS Law is so important.

 

http://community.plus.net/forum/index.php/topic,85908.464.html

[day67]

Hi, my situation is this. I am being sued by acs law for apparently downloading and sharing 'evacuate the dancefloor', the amount is £295. I have sent off a lod and have just received my second letter saying they will not accept my lod because it's a template found online. I have phoned acs law twice now firstly because I didn't have a clue what it was about as I have never heard of the song (I listen to heavy metal) and the guy on the phone who was actually quite nice said send them a letter saying it wasn't me who downloaded it, the second call was a bit more angry as I had then researched it online and watched the one show etc and realized what was happening, funnily enough it was the same guy who answered the phone 100%.

 

I don't want to go into anymore details really as they probably look at these forums but I did not download the file, I can't prove I didn't and don't know how to, neither can they so no money will be leaving my bank account and going to acs law unless by some miracle they take me to court and win.

 

Sorry rant over

 

That OK.

I could do some damage with my paintball gun on the field, but it would be in vain.

All i would say is to send a second letter refering to the first letter (LOD)

This what i have been adviced to do.

[Jd 1984]

That OK.

I could do some damage with my paintball gun on the field, but it would be in vain.

All i would say is to send a second letter refering to the first letter (LOD)

This what i have been adviced to do.

 

It's so annoying, I phoned them up and argued about the lod and he said write back in your own words. I don't understand why he couldn't take my denial over the phone. Has anyone actually sent a second letter of denial and had a third letter off acs law, if so is that when they issue court proceedings or has no case gone that far?

[baffledbygm]

My LOD was in a size 4 font and I sealed the envelope with snot. If they're gonna reject it give em a reason!

[kilotango22]

It's so annoying, I phoned them up and argued about the lod and he said write back in your own words. I don't understand why he couldn't take my denial over the phone. Has anyone actually sent a second letter of denial and had a third letter off acs law, if so is that when they issue court proceedings or has no case gone that far?

 

Apparently you wil get another with a questionaire in it, you are not legally obligded to fill that in, all they are trying to do is to get you to incriminate somebody else.

 

I live alone but may well say I share my broadband account with Andrew Crossley of ACS Law.

Edited August 18, 2010 by kilotango22
Typo.

[NO REPLY]

Hi, is this still going on with ACS Law ? it was 2009 when he was threatening me with Court BUT im still here willing and waiting, anyway i saw this website and thought it could be of some intrest to some people on here its called (solicitors from hell) but im very supprised ACS is NOT on it, well not yet anyway but he is heading in the right direction , anyway if any one takes a look on this website you will notice they are asking for info about bad solicitors because they are on making a program for the BBC so maybe Mr Crossley could get his name on this list who no,s ? not that im saying he is bad i will let god be the judge on him, but i personaly think he is going to the hothouse for his actions. GOD BLESS

Edited August 18, 2010 by NO REPLY
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