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

[Bloody-Angry]

No, not suspicious, when I originally recieved the 1st letter back in April I obviously knew absolutely nothing about their little [problem] so i tried to phone them but nobody answered the phone, so I emailed them my mobile number and asked them to contact me ASAP.....hence the phone call last Monday.So much for them getting back to me ASAP 6 months later huh!!

[11223344]

First post here- just to respond to someone's query about recent letters. No letter recieved from a solicitors but a letter received direct from one of the "rights holders". Luckily found this forum and other websites to help me figure out how to respond. I am furious!!! Luckily I have evidence that it couldn't have possibly been me downloading thier porn but it makes my blood boil that some people have paid up. I wanted to spit on the letter I sent them back! Looks like panic is setting in if the solicitors are being avoided- scraping the barrel to try and get cash- like the greedy rats they are.

[wittzend]

No, not suspicious, when I originally recieved the 1st letter back in April I obviously knew absolutely nothing about their little [problem] so i tried to phone them but nobody answered the phone, so I emailed them my mobile number and asked them to contact me ASAP.....hence the phone call last Monday.So much for them getting back to me ASAP 6 months later huh!!

 

You sure it's not one of your mates winding you up,after all "the've spoken to your nieghbours and your into that sort of thing".I didn't mean to infer that your post was suspicious.

[Bloody-Angry]

The phone call was genuine, I haven't mentioned the matter of the alleged offence to anyone else, just the wife.

His reference to my neighbours was an out and out lie to try and panic me but as Mr Miller found out, it will take a lot more than his whinging lying voice to unhinge me

[WhatToDo1]

The phone call was genuine, I haven't mentioned the matter of the alleged offence to anyone else, just the wife.

His reference to my neighbours was an out and out lie to try and panic me but as Mr Miller found out, it will take a lot more than his whinging lying voice to unhinge me

 

I guess it just shows how low they are willing to sink to try and get money out of people.

[cerberusalert]

It seems as if HMCRS should be looking into ACS too; http://acsbore.files.wordpress.com/2010/10/terence-emails-partial-8of9.pdf

[piglette]

Looking at all those recent e-mails from Terence Tsang it seems strange that his new boss says (Playing down Tsang's links with ACS, Brassley told reporters:) "He is not under any contract with ACS Law and has not worked for them or with them since joining our firm."

 

Seems strange, as those e-mails are dated August 2010 and hadn't TT joined Cramer Pelmont in April?

 

http://www.thinq.co.uk/2010/10/4/acslaw-man-tips-new-law-firm/

[ant-1965]

I have recieved a letter from Gallant Macmillan, posted my letter of denial. many thanks to everyone on here for the great advice. Seems that this law firm are claiming they intend to take people to court, it seeems the general opinion here is this will not happen but wondering if they dare risk it ?

[STC12]

hi 11223344- Thanks for the post. What is the name of the rights holder who has sent you a letter ?

 

ant-1965 - All I can say is that despite what GM say, they have never taken anyone to court, Dont worry, it wont happen !

[blashey]

but can i take that risk as i admitted it to them

[wozgeog]

@blashey " i admitted it to them" In that case you would be easy to take to court. Best hope for you is to try to negotiate a lower figure.

[blashey]

tried that they said no

[lou22]

' Anyway it turns out that accessing another Sky router is easy, there is a web site dedicated to generating your unique Sky password and its been active since 2008 '

 

Can some one please pm me the details of this website , the more ammunition i have against sky the better.Thanks

[cerberusalert]

Google 'hack sky router'.

[Shaggy123]

but can i take that risk as i admitted it to them

 

First you said you downloaded it and deleted it because you didnt like it. Then you changed the story to you downloaded it then bought it. You're sticking to the second story now but either way it's irrelevant.

 

While you were downloading you were also uploading and that's what they're interested in. Whether you own the works or not is of no consequence to them. You didnt own the works so should not have been uploading it.

 

Either way they have an admission from you.

[Mattyhatty]

Blashley - its unfortunate that you admitted to it. Seems a lot did admit it due to fear. It clouds peoples judgement and makes them panic and submit to these leeching bully law firms.

 

They will probably bully you with further literature and letters with 'possible' court dates. Id still not pay in your position. Id be seeking how to write 2nd and 3rd letters but seek legal advice. And if legal advice says 'pay', seek legal advice else where, i dont believe its the only solution.

 

I dont believe the price asked for is realistic and i feel its extortionate and also the way they gathered your info and determined it was you was all an assumption until you admitted it. you were fished out.

 

Keep looking into it to see if there is a way you can avoid the full charge.

[Shaggy123]

Some of you may find this article interesting:

 

http://www.wired.com/epicenter/2010/10/the-legal-blackmail-business/all/1

 

Just as we all knew. He doesnt care one jot about the damage illegal downloading is doing to the music industry. It's all about making money.

[piglette]

The new Legal Ombudsman Adam Sampson was on the BBC Today programme this morning http://www.legalombudsman.org.uk/ I assume everyone can complain to him now. Apparently he can impose compensation from a law firm for which there is no appeal.

[Michael Browne]

The new Legal Ombudsman Adam Sampson was on the BBC Today programme this morning http://www.legalombudsman.org.uk/ I assume everyone can complain to him now. Apparently he can impose compensation from a law firm for which there is no appeal.

In order to make the complaint. you have to have been a client of the lawyer concerned, so I don't think the LO is going to be of much use against ACS

[sduffield]

Just a quick note for those whom still have outstanding letters to reply to. There has been a test case where the duty of care was tested in a court of law and found that one person can not be held responsible for the actions or losses by third parties. The case was Smith v Littlewoods Organisation Ltd in 1987. The judge residing on that case said "The law does not recognise a general duty of care to prevent others from suffering loss or damage caused by the deliberate wrongdoing of third parties. A closer relationship between claimant and the wrongdoer is required to establish such a duty"

 

Therefore the account holder can not be held responsible for any wrongdoings, damage or loss caused by third parties in civil law.

[andydd]

Although its a bit late now but If for some strange reason you do want to pay up to ACS or GM to stop the threat of court action, you should simply put in your letter than you are paying under protest and maintain your innocence. This puts them in a very difficult position (as Crossley confirms in one of his emails).

 

The end result is, court action wont be taken coz youve paid up, BUT ACS/GM would be in a very dubious legal position by accepting money off someone who claims innocence, also it leaves the door open for you to claim back the money in the future

 

Andy

[johndeevoy]

I don't have time to wade through 223 pages of this thread but surely it has been posted before that ACS Law are committing fraud by pretending to act on behalf of a client, whoever owns the copyright for the material in question, when they have not been instructed at all. I'm from Northern Ireland and I know that it would be an offence that the Law Society here would strike a solicitor off for (pretending to act for a client without any instructions and asking for money which the firm then keeps! Ridiculous!).

 

Surely it is the same in England - solicitors cannot just go around pretending to represent people who have not given them any instructions?! This is also fraud in the wider context and there should be a criminal investigation on top of each solicitor working for that firm having their licence to practise revoked.

[sduffield]

I don't have time to wade through 223 pages of this thread but surely it has been posted before that ACS Law are committing fraud by pretending to act on behalf of a client, whoever owns the copyright for the material in question, when they have not been instructed at all.

 

Unfortunately ACS Law and others do have to permission from the client to pursue alleged copyright downloaders/uploaders so therefore they have a legitimate claim.

 

Sending letters demanding payment is not illegal in the UK and this is why the speculative invoicing industry has sprung up in recent years.

[Shaggy123]

I don't have time to wade through 223 pages of this thread .

 

In which case you're not really in a position to offer an informed opinion.

 

but surely it has been posted before that ACS Law are committing fraud by pretending to act on behalf of a client, whoever owns the copyright for the material in question, when they have not been instructed at all. I'm from Northern Ireland and I know that it would be an offence that the Law Society here would strike a solicitor off for (pretending to act for a client without any instructions and asking for money which the firm then keeps! Ridiculous!).

 

Surely it is the same in England - solicitors cannot just go around pretending to represent people who have not given them any instructions?! This is also fraud in the wider context and there should be a criminal investigation on top of each solicitor working for that firm having their licence to practise revoked.

 

This is why you should have read the thread before offering an ill informed opinion.

 

ACS Law are not pretending to act for anyone. They are actually acting for clients.

[stupiditto]

I sent a LOD off to GM nearly 2 1/2 months ago and they have stopped chasing me, no more letters at all..... Anyone else had this outcome?