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

[teddylorry]

hi guys just posted lod as i said i would by reg post .

i think it s now a case of calming down sticking to our guns, i didnt down load the song so im paying nought!!!!!!!!!!!

YOU GUYS NEED TO JUST DO WHAT YOUR DOING TOO and keep telling us what is happening with you .

 

no one on this forum has been told they are going to court yet,and look how many people are on it and how long its been going .

Its definely a cat a mouse game and they rely on their scare tactaics to pay up. but they have yet to prove it was you who sat at the computer and did what they said. .

By the way wife is now really pi..ed so should get interesting;)

in their letter they say 7 days to pay or else,if we all got the same letter,how do they know we all got them,as it would seem they say that they did not receive any lod from us, even though using reg.letters have to be signed for and can be checked on line with the post office.

[bobsposts]

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.

 

Sounds good buddy, perhaps if push comes to pull you could let us all know some of the loop holes, if any of us wanted to defend ourselves

[satrinxa]

I've just received my 2nd letter. It looks like it was composed by 10 year old with learning difficulties.

 

These oxygen **EDITED** need bringing down.

 

I'd never heard of Scooter until this mob of **EDITED** invaded my letter-box. The album is remaindered on Play.com and available for the princely sum of £5.99 (free delivery!!!!). Why would anyone with sense waste bandwidth downloading p1sh like that?

Edited September 7, 2009 by satrinxa
Removing potentially libellous wording

[Jakeboy]

I have received my second letter and am replying with the following: 'I did not download anything and therefore I reject your invoice', put that in your pipe and smoke it ACS:Law (I await my third letter with anticipation)

[Angryman273]

Just sent my LOD recorded delivery. Also, went to the Citizens Advice Bureau, they were very good and checked my LOD for me. They also said that they had two other people in this morning and they are forwarding all details to "Trading Standards" as they already have a mounting case into them. They also said to take any subsequent letters to them so they can pass them all on to Trading Standards".

 

The best I can suggest is TALK to your local CAB office they will almost certainly have had other complaints and if they are half as good as mine will help with any paperwork.

 

see **EDITED** very helpful info

They also have letter to be sent to the "Solicitors Regulatory Authority" and the "Information Commissiners Office" and for good measure I also logged an entry on the BBC Watchdog page.

Edited September 7, 2009 by car2403
Removing unauthorised link

[Drexl Spivey]

I'm not involved in this at all , but was wondering how an ISP could identify you (your modem) as having that address at the time . I can understand some ISP's where you use a login that you specify , ie would have your particular name or identification as a login . But on sky , my isp, the login is integral to the router they supply you with . So I guess they would use the mac code of that modem against a database of the address it was supplied too. But do they keep such a database ? . In my case I don't even use a sky supplied router but 'borrowed' a login from the modem I replaced, and therefore another mac code entirely . So, I'm wondering how they'd identify a sky broadband user , where the login is modem dependent and I know they sell them off on ebay. So anyone could have that mac code that is supposedly yours.

[andydd]

Just sent my LOD recorded delivery. Also, went to the Citizens Advice Bureau, they were very good and checked my LOD for me. They also said that they had two other people in this morning and they are forwarding all details to "Trading Standards" as they already have a mounting case into them. They also said to take any subsequent letters to them so they can pass them all on to Trading Standards".

 

The best I can suggest is TALK to your local CAB office they will almost certainly have had other complaints and if they are half as good as mine will help with any paperwork.

 

see **EDITED** very helpful info

They also have letter to be sent to the "Solicitors Regulatory Authority" and the "Information Commissiners Office" and for good measure I also logged an entry on the BBC Watchdog page.

 

Watchdog did do a feature on the 'same' case when it involved davenport lyons, DL more or less gave up when it emerged they had falsely accused an elderly couple of downloading gay porn.

 

Andy

Edited September 7, 2009 by car2403
Quotes edited post

[andydd]

I'm not involved in this at all , but was wondering how an ISP could identify you (your modem) as having that address at the time . I can understand some ISP's where you use a login that you specify , ie would have your particular name or identification as a login . But on sky , my isp, the login is integral to the router they supply you with . So I guess they would use the mac code of that modem against a database of the address it was supplied too. But do they keep such a database ? . In my case I don't even use a sky supplied router but 'borrowed' a login from the modem I replaced, and therefore another mac code entirely . So, I'm wondering how they'd identify a sky broadband user , where the login is modem dependent and I know they sell them off on ebay. So anyone could have that mac code that is supposedly yours.

 

The login (I assume you mean IP address) isnt router dependant. Sky (like others) don't use a static IP address, it will hand you an IP address when you login, 99% of the time this will stay the same, but may change should you reset the router, etc. I assume that all ISPs keep a database of IP addy's handed out, but how far back it goes and how accurate it is is anyones guess !

[cashins]

Watchdog did do a feature on the 'same' case when it involved davenport lyons,

 

Interesting.

 

Would be an idea for you guys to contact Watchdog and see if they are interested in another go round.

 

David

[the_shadow]

The login (I assume you mean IP address) isnt router dependant. Sky (like others) don't use a static IP address, it will hand you an IP address when you login, 99% of the time this will stay the same, but may change should you reset the router, etc. I assume that all ISPs keep a database of IP addy's handed out, but how far back it goes and how accurate it is is anyones guess !

 

This might be superceded now but back in 2001 the MINIMUM was:-

 

“Retention of communications data under part 11: Anti-Terrorism, Crime & Security Act 2001“

 

The code provides for the following retention time periods:

 

• SMS, EMS and MMS: Data retention period 6 months.
  
• Email: Data retention period 6 months
  
• ISP: Data retention period 6 months
  
• Web Activity Logs: Data Retention period 4 days
  

The following data is required to be stored for the retention times mentioned above:

SMS, EMS and MMS: Calling number, IMEI – Called number, IMEI – Date and time of sending – Delivery receipt – if available – Location data when messages sent and received, in form of lat/long reference.

Email: Log-on (authentication user name, date and time of log-in/log-off, IP address logged-in from) – sent email (authentication user name, from/to/cc email addresses, date and time sent) – received email (authentication user name, from/to email addresses, date and time received)

ISP: Log-on (authentication user name, date and time of log-in/log-off, IP address assigned, Dial-up: CLI and number dialed, Always-on: ADSL end point/MAC address (If available)

Web Activity Logs: Proxy server logs (date/time, IP address used, URL’s visited, services)

S.

[Drexl Spivey]

No, I mean your modems login details . You enter details to get your modem to connect to the ISP. Well, on sky, those details aren't specific to the user, they are specific to the modem . If they identify that particular modem to have been assigned that IP address at that particular time , they are going by its login details/mac code . Therefore they must have some database that says they gave you that particular modem with that particular mac code/login . Thereby determining the address/name . What if you are like me and are not using the modem as denoted by their database, what if that modem (not in my case , i still have it) is sold on ebay and some other person is using the modem that has the mac code apparently assigned to you.

 

By the way, to the sky person. I'm keeping my non sky provided router . It adjusts the speed dependent on the sig/noise ratio , providing constant connection. I keep the router before the ISP, so bleh)

[the_shadow]

No, I mean your modems login details . You enter details to get your modem to connect to the ISP. Well, on sky, those details aren't specific to the user, they are specific to the modem . If they identify that particular modem to have been assigned that IP address at that particular time , they are going by its login details/mac code . Therefore they must have some database that says they gave you that particular modem with that particular mac code/login . Thereby determining the address/name . What if you are like me and are not using the modem as denoted by their database, what if that modem (not in my case , i still have it) is sold on ebay and some other person is using the modem that has the mac code apparently assigned to you.

 

By the way, to the sky person. I'm keeping my non sky provided router . It adjusts the speed dependent on the sig/noise ratio , providing constant connection. I keep the router before the ISP, so bleh)

 

They have the telephone number from which the connection is made (Call Line Identifier).

 

S.

[Drexl Spivey]

I recall some other issue with using an IP number for the pursuit of that registered "owner" for monies . Platte media / MBS , thou it never went to court to disclose the alleged transgressors details/address . But the same principles applied when defending , an IP number does not a perpetrator make .

 

The call number Identification would make sense , oh well , wasn't sure how it worked . Thanks for the clarification.

Edited September 7, 2009 by Drexl Spivey

[cerberusalert]

The call number Identification would make sense , oh well , wasn't sure how it worked . Thanks for the clarification.

That doesn't prove anything either, particularly on a wi-fi network.

[Drexl Spivey]

No, it doesn't . I was just thinking in terms of if you go to a website that identifies your IP number , it will give your locality etc . This could only work on the call number/ exchange system , not on the mac code / login of the router.

 

I agree it proves nothings as towards the allegation that it was that person allocated the IP number at the time that committed the deed.

[count orlok]

I thought 1000s of people where supposed to be getting their court summons today, anybody got one yet?

[Trevor79]

I too have been following this thread for a while and I have just received my second letter demanding payment within 7 days or else!! I originally thought it would be best to ignore but after reading back I changed my mind and sent a LOD (recorded delivery) using the template available. Was hoping they would give up but no sign of that yet? Does anyone know how many people have received these letters from ACS law?

[cashins]

Was hoping they would give up but no sign of that yet? Does anyone know how many people have received these letters from ACS law?

 

6000+ according to reports

 

David

[GTIFreak]

I have just recieved my second letter to, i have responded with LOD and complaint to SRA and OFT, will be keeping a close eye on things here.

[Armagedon]

Hi all just registerd

 

I got a letter on friday there saying that i have 7 days to make payment by ACS

 

now i previously got a letter for DL back in nov 2008 demanding 550 for a scooter album i ignored the letter initially after getting advise from a family friend who studied english law

 

now almost 10 months later i get another letter but from ACS law should i just ignore the letter again or send a template letter back of my denial

 

over that 10 months my harddrive did pack in so i got a new one so surely even if i had or hadnt downloaded any file i would no longer be visible is that correct?

[caledfwlch]

With refference to the above post - surely a county court looking at a small claim, which is what these seem to be, would have absolutely no authority to seize a computer anyway?

 

Wouldnt ACS law have to make a criminal complaint, and instigate a criminal investigation by the Police etc to gain such access? not the quick route to an easy few quid that this company seems to be hoping on.

[Armagedon]

it is funny becuase the original DL letter said if i dont respond or pay within 21 days i may be takne to court that was over 10 months ago

[Drexl Spivey]

 

now almost 10 months later i get another letter but from ACS law should i just ignore the letter again or send a template letter back of my denial

 

 

You could read here for suggestions as to how to reply to ACS.

 

**EDITED**

Edited September 8, 2009 by car2403
Unapproved external link removed

[nicknack09]

Hi

I have been reading this forum ever since I received my first letter of claim in June.

 

I am grateful to all the advice given on this site, however, I have just seen on acs-law.org.uk that the following update has been posted,

"Update: the first batch claims have been prepared and were filed at court on Friday, 4 September 2009. Service of the proceedings will be made by first class post and will be with defendants by Tuesday, 8 September 2009 at the very latest.

 

The second batch of defendants will be selected on Monday, 14 September 2009. "

 

 

 

 

 

I'm not quite sure if this is possible. We received a letter dated 2nd September, which it appears from the forum is roughly when other "alleged" letters where sent, judging by when posts regarding the 2nd letter started. How can they bring court orders already if we haven't even had the chance to respond within 7 days

 

Interested to see CAB are providing a great help. We are going to go this week also. Also contacted a solicitor so intrigued what they will say.

 

I'm also going to draw up a list, probably just for my own gratification, of all the inadequacy in this whole matter

[Huff&Puff]

For the benfit of new members, I think a summary of our advice is that you should send a Letter of Denial, by Recorded Delivery. It is probably useful to add our usual advice of not signing the letter, but to print your name (there are excellent handwiting fonts available for free download if you want). Once the LoD has been sent, sit back and ignore everything else that comes through the post, unless you receive an N1 (court papers). If anyone does recieve court papers, I will gladly assist with the technical side.

 

Debt Collectors can play the game of sending threatening letters for years, so don't expect that they will give up easily - so far they appear to be using classic debt collector techniques. If it goes on long enough, you will start to laugh at the iodiocy of the threats though