ACS:LAW Court Claims

[andydd]

Source

 

Are you really so sure we should ignore such threat-o-grams?

 

Well..what has happened to the many tens of thousands of people who have ignored them so far..absolutely nothing. If you had a chance to read the leaked ACS emails you will see that about 30% paid up, of the remaining, about half sent a LOD and the other half did nothing, the end result is the same..ACS took no action...and it is even less likely now that they ever will.

 

It is not surprisng that the original thread was closed, as it just repeated itself over and over. There really was no new information or advice to add.

 

Andy

[andydd]

But the new wave of letters aren't all standard LoC's from ACS, but court claims. There is a difference. It's cost Andy some £'s to get them so he's upping the game in terms of scare tactics. I'm sure his aim is to invest a little, generate some more fear to gain a higher return. Apparently the lack of response to a court claim is more risky than that of a simple LoC and LoD. Without understanding the process the alleged file sharers may find themselves on the end of a default judgment. So ignoring these claims may not be the smartest thing to do.

 

Are you sure though ?. I see the original post uses the phrase "offical court documents" but its not really clear what this means.

 

I somehow still doubt whether ACS Law have actually filled Court Claims (It would be usefull if someone could post one up). This would be an ex;ensive and extremely risky thing to do, you would of though that if anything ACS would progress through one court claim first otherwise if they lose one then they risk losing them all and with it a large sum of money.

 

It is of course more than 'risky' to not respond to a court claim, it is an automatic win for the Claimant but I still believe that ACS has more to lose than win with a risky strategy such as this, especially as their position is a lot weaker now due to the fact everyone on the planet now knows their stategies and thoughts and the fact that the company is very likely to be penalised by the SRA or ICO, perhaps both.

 

If he has indeed started court claims these cannot easily be stopped, unless he specifically discontinues them, the defendant then has an opportunity to go for wasted costs.

 

 

Andy

[andydd]

If he's filing claims in the court with no intention to see them through then would this be classed as a Vexatious litigant and barred from bringing anymore claims.

From Wiki:

 

Very true and the same applies if you suddenly discontinue a claim, you cant then bring any similar claims in the future.

 

Andy

[andydd]

Interesting stuff, it should be noted that getting default judgements (if the defendant doesnt reply) is normally quite simple. In fact i recently got one against my landlord, he had replied but put the wrong case number on all correspondence, the judgement was later set aside but that didnt really surprise me.

 

As mentioned on one of the above links, it is very pleasing that the claims were thrown out at such an early stage and that they were full of errors.

 

Andy

[andydd]

I see Davenport Lyons are having a hearing with the SRA in March, so ACS Law may be a year away.

http://www.legalsupportnetwork.co.uk/index.php/news/details/sra_says_davenport_lyons_lawyers_knowingly_targeted_innocent_web_users_in_a/

 

It also looks like ACS may have problems if they are fined for Data Protection, if the gravy train has dried up.

 

Does anyone know what has happened to the ACS website?

 

The ACS 'leak' not only broke various DPA laws but it suddenly bought the whole issue to major attention, the last court application by Gallant Macmillan I think ran into serious problems.

 

I think ACS have decided not to put up a website, there were some simple 'draft' verison up a while back (featuring mountain background) but they appeared to have disappeared now too.

 

Andy

[andydd]

Found Crossley's (or one of his) websites. http://www.wal-sca.com/home a bit of a skeleton though. Strange the only thing he has apart from his address is a link to the SRA!

 

Aha..Yes..The 'backwards' one..If you say ACS LAW backwards 3 times at midnight, Andrew Crossley appears..and starts crying about his failed business

 

Andy

[andydd]

Here is the actual Court Case....http://www.bailii.org/ew/cases/EWPCC/2010/17.html

 

Andy