Icy1 v ACS law

[Icy1]

Hi Im sorry I am new to this I just wanted to add that I have received a letter asking me to pay £500.00 to ACS for using Bittorrent 0n 21.5.08 I am not aware that I have done this. Actually I am not sure how to. I went to CAB who have advised me to go to my local council trading standards people they were not very helpful and told me this is authentic and I will have to find a solicitor or go through a Student Advice Centre. I went back to CAB who are wonderful and have arranged a interview with a Solictior on Thursday 2.7.09.

[Tezcatlipoca]

If you don't mind telling us, what is it being claimed that you downloaded? The use of torrent software in and of itself does not constitute an offence, criminal or otherwise.

 

Assuming it is alleged that you downloaded this on your home connection, is it only you that uses your internet connection, and does your router also broadcast a wireless network?

 

Remember that the onus is on them to prove that you personally downloaded illegally shared material, not simply that it was downloaded.

[maroondevo52]

Hello and Welcome, ICY1.

 

I've moved your thread to the appropriate Forum.

 

Regards.

 

Scott.

[Icy1]

If you don't mind telling us, what is it being claimed that you downloaded? The use of torrent software in and of itself does not constitute an offence, criminal or otherwise.

 

Assuming it is alleged that you downloaded this on your home connection, is it only you that uses your internet connection, and does your router also broadcast a wireless network?

 

Remember that the onus is on them to prove that you personally downloaded illegally shared material, not simply that it was downloaded.

 

Thanks for your reply. It says I downloaded Scooter jumping over the world. My daughter user this computer but she says im being polite she would not listern to that rubbish.

 

I have modem (sorry I am not very good at this stuff) Im on Tiscali broadband does that make any sense what you asked me.

[Icy1]

Thanks for your reply. It says I downloaded Scooter jumping over the world. My daughter uses this computer but she says im being polite she would not listern to that rubbish.

 

I have modem (sorry I am not very good at this stuff) Im on Tiscali broadband does that make any sense what you asked me.

[Huff&Puff]

Wade through this lot:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198192-acs-law.html

 

Don't worry though, it's just a nasty scheme to try any extract money from the unwary

[Tezcatlipoca]

Thanks for your reply. It says I downloaded Scooter jumping over the world. My daughter uses this computer but she says im being polite she would not listern to that rubbish.

 

I have modem (sorry I am not very good at this stuff) Im on Tiscali broadband does that make any sense what you asked me.

 

Thanks, Icy. As Huff&Puff has already posted, you can pretty much ignore these people, they're just on a fishing trip.

 

Quite aside from the question of whether or not a download was actually made , remember that the legal onus is on them to prove it was you who downloaded it. Which they can't.

 

I'd consign the letter to its correct place in your nearest bin, if I were you. In the unlikely event you get bothered again, post here and we'll try to help as much as possible.

[Icy1]

thank you everyone I am feeling a bit better now. I did get a bit upset and my network connection was lot allowing me to log on, so more paranoia. I am going to see a Solictor on Thursday evening and will keep you informed of the outcome.

 

Thanks once again for all your help.

 

Cheers

 

Den

[lucky charm]

Hi, I'm new to all this but have been reading these posts with great interest as I too have received a letter about Scooter. I have been in touch with my ISP and they have no knowledge of ACS requesting information on me, which makes you wonder where they have got my details from. I am currently seeking legal advice.

[maroondevo52]

Hello and Welcome, lucky charm.

 

Have a look at this thread...............

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/198192-acs-law.html

 

Regards.

 

Scott.

[Icy1]

Hello everyone

 

I saw Solicitor did not know anything about this, could not help me as he did not specialise in copyright law. However, thanks to everyones help i seemed to have all the information. I was told to wait until Court papers arrive, not to reply to these people. Also they would have to prove where they got their information from. Felt a little disheartened about this but have decided to see what happens. I will go back to the CAB if the papers arrive. I have passed my info to watchdog and shall keep you posted.

 

Good luck everyone.

[maroondevo52]

All the best with that Icy

 

Regards.

 

Scott.

[spamheed]

Sounds very much like a [problem] to me.

 

Like it says in the adverts "Copyright theft is a crime"

"Innocent until proven guilty" ring any bells?

So where are the police in all of this?

Where and when have you been found guilty?

Who was the judge at this hearing?

Who represented you?

 

Just another bunch of chancers who have probably gained access to someones client list and is trying to milk it for some easy dosh.

 

I wouldn't think so, not without a day in court

[Huff&Puff]

I think it is highly unlikely that you will ever see court papers, the [problem] works by scaring people into paying. If you do get court papers, don't worry, there are a million defences;)

 

Do expect to receive a few more threatograms from them though.

[lucky charm]

Hi just an update on my findings, my ISP got back in touch with me today saying that ACS Law had been in touch with them and they had confirmed that I'm a broadband customer with them, no other information. The guy from my ISP provider said that the company works on behalf of the government and I need to take this up with them as they can't help me with anything else. I have no idea what to do next to be honest. The legal advice I obtained wasn't very useful and they've basically told me that it would be more costly to me getting a solicitor to work on behalf of me than to pay the £500! Any advice would be greatly received.

[Huff&Puff]

The legal advice I obtained wasn't very useful and they've basically told me that it would be more costly to me getting a solicitor to work on behalf of me than to pay the £500! Any advice would be greatly received.

 

This is precisely why they set the amount at the level that they do, low enough to make legal advice not an option, and not so high as to make sure that nobody will pay. It is using the legal system as a form of blackmail

 

Having said that, you really don't need a solicitor. ACS (and their predecessors Davenport Lyons) have sent out in the tens of thousands of these letters, and so far all they have done is cherry picked a tiny handful of cases that they have managed to get default judgement on. And even with those there are some doubts as to whether they were "genuine" cases, or whether it was all staged in order to claim in press releases that they had won court cases. Nobody who has shown the slightest willingness to contest the claim has yet been taken to court, and they never will be IMO. If they lose in court, and so far as I can see they have no real evidence of anything at all, then it's game over for them.

[Icy1]

I dont know if this will help but I know that you can get free legal advice from the student law office at your local university. Unfortunately we have to wait until the students will be back in September. I am from the Newcastle area so my student law office is at the Northumbria University. I know if this does go further I will be going to see them.

[Icy1]

Just got post today thought is was over. They are demanding £500 in 7 days. Has anyone heard anything more from them!!!!!

[Huff&Puff]

They will keep on sending you letters for a while, that's standard practice

 

You can either send them another letter of denial, or just ignore them. I suspect you'll get another threatogram or two whatever you do, but I'd be very surprised if it went any further than that.

[martid12]

subbing to this thread!!

[Icy1]

Hi sorry I dont know what subbing to this thread means, can you explain. Also I contacted my ISP Tiscali they said they have never released any information about me, they have never heard of ACS either. They advised me to send the letters that I had received and would pass them on to the their Fraud Dept. I suggest everyone does the same.

[Belaflat]

Icy1.

The thing to remember with allegations like this is they have to prove you downloaded the material.

If you have a wireless network as many do these days and it is unsecured which most are, anyone within range can piggyback on your connection and download material via your IP number.

Even if it can be proven that something was downloaded, try proving in the above scaenario who the guilty party is.

Hope you understand what I am telling you.

[Icy1]

Thanks yes I understand what you mean now. I have a modem does that make any difference.

[Huff&Puff]

Hi sorry I dont know what subbing to this thread means, can you explain. Also I contacted my ISP Tiscali they said they have never released any information about me, they have never heard of ACS either. They advised me to send the letters that I had received and would pass them on to the their Fraud Dept. I suggest everyone does the same.

 

That's the sort of idiotic reply that I'd expect from Tiscali They have given out your information, they were ordered to by a court. That's one of the many things that is wrong here, ACS have gone olong to a court saying "Icy1 and others have been downloading copyright material and we want his or her details" and the judge has just ordered ISPs to give it out without any evidence being shown that anybody has actually downloaded anything at all, let alone whether it is actually copyrighted. And ISPs like Tiscali don't make themelves look any better by lying about it afterwards

[Belaflat]

Thanks yes I understand what you mean now. I have a modem does that make any difference.

Everyone has a modem to transfer data to and from your PC.

A router takes that data and transmits it to other PC's via a network connection, ie, a Card or USB connection.

 

ACS will have absolutely no way whatsoever of disproving that you didnt have a wireless connection at the time of the alleged infringement nor of proving that it was you who downloaded the alleged material.

 

Just as a little demonstration, I have checked my wireless connection and there are 7 networks in range for me. 5 of them unsecured. I I have just left my own connection and connected to a Netgear router and opened up a webpage. Logged back off again and back to my own connection. Its that simple (although I would also stress illegal).