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    • Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;
    • It already is epidemic. perhaps he meant the next stage ... pandemic.   https://www.cdc.gov/csels/dsepd/ss1978/lesson1/section11.html   media existing to sell newspapers / advertising space / looking to get viewer numbers ... who’d have thought it.   The media has a responsibility to give decent advice : appropriate concern rather than generating panic.
    • Latest update:   He managed to get through to BC before they closed earlier this evening. Last payment of £175.00 was 03/02/2014. Issue date for the claim 30th Jan 2020   Is he skewered? No supporting paperwork?   CCA and CPR waiting to go.   What next?   Thanks   stephenXL
    • Hi,   I'm looking for advice regarding a court claim being made against me by Erudio regarding an old student loan. I've received a claim through the Scottish Simple Procedure process for almost £4000 regarding a loan taken out in 1999. The original loan would have been for approximately £1800 to my best recollection.   I can't say for certain at the moment (will need to call SLC to verify) when the last time I deferred was - it was a long time ago and I've no recollection of sending anything at all to Erudio at any point, nor was I aware that they required a deferment form as well. I had been paying off my other student loans taken out a few years after this one (04, 05 and 06) through my earnings to the SLC even though I was under the repayment threshold at the time, and I've only earned over the repayment threshold for just over the past 2 years. I was happy enough for paying them off in this manner so I had never felt the need to continue to defer with the SLC, and never really paid much attention to the statements sent by Erudio as I'd incorrectly assumed that they would be paid through this manner as well. At this point, I have recently received a letter from the SLC stating that my loan repayments are coming to an end very soon, but it would appear that this hasn't made any payments towards the loan that Erudio have taken over.   I've been reading through the topics posted over the past couple of weeks for and reading about others in similar situations to try and ascertain the best plan of action.   Particulars of claim: (copied directly from the claim, account numbers and monetary values redacted)   Name the issuing court: Edinburgh Sheriff Court   Who Is The Claimant: Erudio Student Loans   Who Are the Solicitors: Shoosmiths LLC   What type of action? (Simple/Ordinary): Simple   Section D1: The claimants are a finance company which inter alia operates the business of debt purchasing. By virtue of a debt purchase agreement ("the Agreement") between claimants and Student Loans Company ("the Original Owner") dated 22/11/13, the claimant acquired title to and was assigned the right to payment in respect of all debts and other monetary claims of any nature due at the date of agreement, and in particular in relation to the the contract hereinafter condescended upon. The said assignation was intimated to the defendant by way of written notice on or around 22/11/2013. The agreement between the respondent and the original owner upon which this action is based was regulated under the Consumer Credit Act 1974. Further information in relation to that agreement is contained in section D$, where we set out the sums due and the basis upon which they fell due. As at the date thereof, the sum due in terms if the said agreement amounts to £xxxx.xx.   Section D4: The said contract agreement between the Original Owner and the respondent is a regulated credit agreement in terms of section 189 of the Consumer Credit Act 1974. It is also regulated by the relevant Education (Student Loans) Acts and related regulations. It is dated 26/10/1999, and relates to a Student Loan Agreement with the account number xxxxxxxxxxxxxxxx. The said agreement required the respondent, following completion of their course of study, and upon meeting certain conditions relating inter alia to their income , to make payment of the sums due by the way of consecutive monthly installments. The said installments were required to commence in the April following the respondent meeting certain income criteria and were to be based upon a percentage of the respondent's income over the said threshold amount. It was a term of said agreement that a failure to meet any installment on a due date would render the account in default and would entitle the claimant to serve a notice of default on the respondent requiring the respondent to remedy the breach within 14 days which failing the claimant would be entitled to demand repayment of the loan in full. On or around 22/04/2019 the respondent failed to make payment of the sum which had fallen due and the said account thereby entered into default. A default notice was issued to the Respndent on 22/04/19. The Respondent failed to remedy the default following upon service of the said notice and the account was terminated in accordance with that notice. The account remains in default. The sum due in thereunder is due and payable now. As at the date hereof, the sum due in the terms of said agreement amounts to £xxxx.xx. In terms of the Agreement, and the written notice hereinbefore condescendedupon, the right to receive payment of the sums due in terms of the said account vests in the Claimant.   Date of raised claim [or court stamp date from writ] :- 23rd Jan 2020   Last Date Of Service [or from form 07]:- 17/02/2020 - this was delivered before then.   Last Date For Response [or from form 07]:- 09/03/2020   What Documents are listed in Box E2:[or in your form requesting the same?] A copy of the credit agreement, statements of account and notice of assignation will be produced in any defended process to follow hereon.   Is the claim for ......an Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt? :- Student Loan     BOX D5 what has the claimant stated: IN FULL or [Pleas in law from the writ] I want the court to order the respondent to pay me the sum of £xxxx.xx …..   from your knowledge: answer the following:   When did you enter into the original agreement before or after 2007? After 2007, started the course approx 1998, loan taken out 26/10/1999 as per the info they gave me   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.:- Debt purchaser (Erudio), Shoosmiths LLP   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to my recollection although I was aware that Erudio had been sending statements regarding a student loan   Did you receive a Default Notice from the original creditor? Possibly but not to my knowledge   Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Possibly but not to my knowledge   When was you last payment:- Uncertain, will need to confirm with SLC if payments made towards this loan, no payments ever made to Erudio to the best of my recollection   Why did you cease payments:- Was paying off student loans through earnings, never realised that this one was being treated seperately   Was there a dispute with the original creditor that remains unresolved? Not to my knowledge, SLC had taken payment through my earnings even though I was below the threshold as I hadn't deferred but I was happy to proceed with this.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No     From the previous advice given, I'll get the CCA request done and also the CPR 34.14. The amount claimed seems very high and I've got no breakdown of how they have come to this figure. I've also been reading through the threads about how to set out the defence - the PercyPercy thread is of particular interest as there are similarities between the two, as I never gave any paperwork sent to me due attention and have ended up in this situation as a result.   Thanks in advance, and I'll supply additional info as quickly as possible if required.    
    • Hi everyone    I received a ParkingEye claim form today that was issued on the 24/02/2020.   I'm not sure what info I need to upload on a parking charge claim form so I’ll upload the form and wait for instructions.    Any help much appreciated    Andrew      Claim Form.pdf
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Delta82

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

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But as blashey has already admitted guilt the argument over the cost of damages would likely have needed to involve a legal professional, which would far outweigh the cost of making their agreement at £200. I agree the actual damages would likely have been in single figures, but to argue it in court whilst paying by the hour would have been more costly.

 

 

This is quite inaccurate, for the legal company to get this money through the Courts they would have to issue proceedings and claim an amount "£".

 

Even if one pleaded guilty to the downloading in Court they could still contest the amount claimed and put the claimant to proof that this amount claimed is fully justified and not some figure plucked out of thin air to unjustly enrich the claimant.

 

As Bashey has formally offered £100 which represents 140 times the cost of a song downloaded legally on itunes, I believe Bashey has a good case for putting to any judge that 140 times the amount the track should have cost (don't forget the artist would only get a %age of the itunes fee anyway not the full amount) probably represents 200 times the perceived loss to the claimant and was a fair and very generous offer.

 

If I were Bashy I would now write back stating that his initial offer 200X the rights holders perceived loss was a most generous offer, but the claimants representatives greed in asking for several times this amount now leads him to formally recind this offer with immediate effect and invite them to put the matter before a judge where you will take some pleasure in presenting a copy of this most generous of offers which the claimant has greedily refused.

 

Don't think you would see a summons in a hurry.....

Edited by Jasper1965
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As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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good post

 

dx

siteteam

 

dx waves to the 5 spies..sorry guests


please don't hit Quote...just type we know what we said earlier..

 

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Cheers dx.

 

Might be worth pointing out that under "The Bill of Rights 1689"**:

 

"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void";

 

** BOR 1689 is Constitutional law ie takes precedence above statutory law unless the statute expressly revokes such rights (copyright laws don't btw).

BOR1689 is still in force and was famously used in the Metric Martyrs case.

 

IMO and this is only IMO:

 

BOR is quite clear, speculative invoicing may not be unlawful but fining somebody without first obtaining a conviction is "illegal and void".

 

Would it be difficult to persuade a judge that the other £499.11 or similarly large sums (left on the claim after deducting the actual cost of a song) that these companies wanted represents a penalty or fine rather than a fair and proportionately representative compensatory demand????

 

A problem ACs etc have is that they have asked everyone for a similar sum not for downloading but for UPLOADING the media.

let's pretend for a minute that *li's software is accurate and two fictitious letter recipients really did download the media. One must assume that these recipients would only download the media once but that's not an offence so look at the uploading for which they claim these vast sums.

recipient one downloaded once and it uploaded once

recipient two downloaded once but left the file on his pc for six months and uploaded over 100 times.

recipient one is asked for £500

recipient two is asked for £500

 

To be proven proportional recipient two must be asked for £50,000.

By asking for a flat rate sum regardless of how many times an offence was committed ie the multiple of perceived damages suffered by the rights holder, it must hold that the sum requested does not represent compensation but is instead a penalty charge or fine.

 

Of course their logging software isn't capable of proving how many uploads either recipient made so no wonder none of these Co's can afford to step near a Court and have it put to forensic analysis.

Edited by Jasper1965

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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Hello. This is my very first post. On Wednesday 20th October I received a letter from ACS:Law stating my IP address had been identified as having downloaded a musical work entitled 'Fever' ("The Work"). They are after £295 and me signing to say I would destroy the dowloaded copy(s) and promise not to distribute it. I went into initial blind panic as it meant nothing to me (even now I have no idea what 'Fever' is though I suspect from the name it is some sort of modern dance music. For the record, I am a 50 year old male whose musical tastes are classical and jazz!

 

After I calmed down somewhat, I googled ACS and this site came up. I couldn't believe there was over 4600 posts and have spent the past 5 hours reading from page 200 onwards (figuring that I'd get enough good advice from the later posts). These posts have covered the fiasco of ACS's data security - and that has made me feel a lot better. I would like to say thank you to all the posters with your numerous viewpoints and tomorrow night I will be composing a LOD which will be brief and professional -as advised by many of the posters on here.

 

I just wanted to let you all know that ACS are still trolling for customers and perhaps are now using a different artist (or musical work?) as the basis of their claim. I've not seen in the last 30 pages of posts any reference to 'Fever' and wonder if any other posters on here have come across this one.

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pers

i make ref to the prevoius post to yours and advise to do nowt.

 

not ONE person has ever been taken to court.

 

dx

siteteam


please don't hit Quote...just type we know what we said earlier..

 

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The SRA sent me an email back in Sept saying ACS Law are under investigation and will let me know their decision in due course. Regarding the 2nd letter you are right there are various views and like you I will ignore this letter.

 

Harbs

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---- 8

Don't think you would see a summons in a hurry.....

 

 

Might be worth pointing out that under "The Bill of Rights 1689"**:

 

"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void";

---- 8

 

Some VERY good information there. I love forums for just this wealth of community knowledge.

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Hello. This is my very first post. On Wednesday 20th October I received a letter from ACS:Law stating my IP address had been identified as having downloaded a musical work entitled 'Fever' ("The Work"). They are after £295 and me signing to say I would destroy the dowloaded copy(s) and promise not to distribute it. I went into initial blind panic as it meant nothing to me (even now I have no idea what 'Fever' is though I suspect from the name it is some sort of modern dance music. For the record, I am a 50 year old male whose musical tastes are classical and jazz!

 

The friend I'm helping has received the same. Never even heard of this "Fever" bollox! Looks like they're now reducing the blackmail figure in the hope more peeps will likely fork out the 295 quid than the 500+ previosly offered. Don't worry and most of all don't pay. Probably a last ditch attempt to line their greedy pockets before the impending big fine they are likely to get from the data breach.

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£295 is the standard "charge" for music. £500 for pornography, or so it would seem.

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Hi guys im new here too! Had no idea this forum existed until last week when I too received the letter regarding the song 'Fever'. It seems these parasites have made their way to N. Ireland now! I have been worried out of my mind since it happened I cant sleep i am so stressed! You guys seem to have a wealth of knowledge on the subject and it has made very interesting reading.

 

I have sought legal advice through online sites and they all say not to even bother replying and throw the letter in the bin! then from reading the many forums that are out there dedicated to this subject others suggest that If you dont reply you run the risk of them applying for a default judgement against you, it is suggested from advice on these forums that I should reply with a basic Letter Of Denial (LOD) as required by the pre-action protocol. So tbh my heads wrecked as to what approach to take, the prospect of facing months of threatening letters is filling me with dread!

 

Thanks for listening and for all the advice that you provide here.

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Hi all,

new to this site myself. "fever" would appear to be flavour of the month and i recieved my letter from ACS on 15/10/10. After initial panic i scoured the web and found sites like this which have been greatly suppotive. They are asking for £295

and i am about to send my LOD. After the initial fear i am so angry that they suggest something of which i am innocent of.(who the hell are "fever"anyway?) I feel for those who are perhaps more vulnrable who have paid in the hope that it will all go away though i read that they tend to come back for a second bite at what they view as a"cash cow" if you do what they ask.I will keep in touch to let you know how things proceed. Once again thanks for the support

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Is fever the name of the track or the group,:???:

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pretty sure its the group. I think they may be scandinavian by the names of the members but i aint sure on that one. excuse spelling if incorrect.

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Hi guys im new here too! Had no idea this forum existed until last week when I too received the letter regarding the song 'Fever'. It seems these parasites have made their way to N. Ireland now! I have been worried out of my mind since it happened I cant sleep i am so stressed! You guys seem to have a wealth of knowledge on the subject and it has made very interesting reading.

 

I have sought legal advice through online sites and they all say not to even bother replying and throw the letter in the bin! then from reading the many forums that are out there dedicated to this subject others suggest that If you dont reply you run the risk of them applying for a default judgement against you, it is suggested from advice on these forums that I should reply with a basic Letter Of Denial (LOD) as required by the pre-action protocol. So tbh my heads wrecked as to what approach to take, the prospect of facing months of threatening letters is filling me with dread!

 

Thanks for listening and for all the advice that you provide here.

 

Only chance they would ever get judgement by default is if they filed court action and you ignored official documents sent from the court. TBH I wouldn't even bother waste a stamp on these lowlife turds, and who's to say you actually received their letter of claim anyway. They mass mail thousands by 2nd class post. I'm of the view that if you ignore them they will move on to easier pickings. Their letters don't even comply with pre-action protocols so IMO you don't even need to send a LOD.

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exactly

 

well said

 

dx

siteteam


please don't hit Quote...just type we know what we said earlier..

 

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Only chance they would ever get judgement by default is if they filed court action and you ignored official documents sent from the court. TBH I wouldn't even bother waste a stamp on these lowlife turds, and who's to say you actually received their letter of claim anyway. They mass mail thousands by 2nd class post. I'm of the view that if you ignore them they will move on to easier pickings. Their letters don't even comply with pre-action protocols so IMO you don't even need to send a LOD.

 

Has anyone on this forum, that can speak from experience, have actually ignored ACS letters and they have stopped pestering them?

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Is fever the name of the track or the group,:???:

 

Got a gut felling it the artist and the song is Cascada: Fever.

They seem to be milking this artist for all its worth due to the poor album sales by this Euro pop CR*P.

God help if this artist comes to the UK........the fan base due ACS Law would out number there true fans..........:mad2:

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From the Siteteam........

 

We refer all members to this excellent post by Car.......

 

"Now, I'd say there's enough evidence in this thread alone to suggest that ACS (and their counterparts) are abusing the Legal System, so I'd be saying to a Court that I ignored the letters for that very reasoning - any Judge that hears a claim for this is likely to consider their behaviour inappropriate.

 

Remember that the Civil Procedurelink3.gif Rules are flexible enough for a Court to apply them in the real World - discussing whether you should or shouldn't reply, according to the Rules, is irrelevant, as it's for a Court to decide if what was done in the circumstances was reasonable. I can't see a reason for considering a lack of response unreasonable given the feeling of emotion in this thread and the numbers involved.

 

Now, if they were taking everyone that had threats to Court, that would be a different matter.

 

Ultimately, CAGlink31.gif is a forum for airing views and advice is given based on experience - hence the different approaches suggested. It's for the readers of this thread to have sufficient awareness of their own situation to make a decision on how to proceed with it, although hearing differing viewpoints definitely assists with this process."

We suggest sending one LOD and then not replying further.

 

we are closing this thread now.

if your issues are not answered by the wealth of info in this massive thread then start a new one in this forum

DX

siteteam


please don't hit Quote...just type we know what we said earlier..

 

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 3409 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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