Solicitors demanding 375 Pounds

vbimport

#1

We received a letter from a solicitors today demanded we pay the fee’s of £375 in 21 day or they will be taking us to court for downloading a cd illegally. They say that they have linked our ip address back to this property.

We aren’t even sure what this cd is?

If we are using a wireless network. Whats stopping someone else logging onto it and using it.

How can they just go on the ip?

Thanks in advance


#2

Hi,[QUOTE=fluffball;2534619]We received a letter from a solicitors today demanded we pay the fee’s of £375 in 21 day or they will be taking us to court for downloading a cd illegally. They say that they have linked our ip address back to this property.

We aren’t even sure what this cd is?[/quote]Contact an experienced lawyer as soon as possible.

If we are using a wireless network. Whats stopping someone else logging onto it and using it.

If your WLAN is unsecured (at least WPA2), then anybody can access it. It is YOUR responsibility to prevent others from using your network and internet connection.

How can they just go on the ip?
That’s all they have. Plus the information from your ISP.

Michael


#3

That’s all they have. Plus the information from your ISP.

What information?

They said that my internet provider has told them this ip is located to us and that is it.

There was a program about this and people were getting accused of file sharing and actually weren’t doing the so called crime


#4

[QUOTE=fluffball;2534703]What information?

They said that my internet provider has told them this ip is located to us and that is it.

There was a program about this and people were getting accused of file sharing and actually weren’t doing the so called crime[/QUOTE]

So therefore: GET A LAWYER!! and get a GOOD one that is experienced with these cases.

If you are not experienced in these kind of cases, do not try to get experienced as well. These people have probably sent out thousands of letters and have lots of lawyers to back them up.

If the only proof they have is an ip number and no logs or timestamps, you’re quite safe.

Sometimes ignorance is bliss.

If you feel little for privacy you could also post the letter right here on the forum and we can try and find out what your chances are. Absolutely no guarantuees that we will or you have any privacy left after posting that letter though.


#5

[QUOTE=Mr. Belvedere;2534781]So therefore: GET A LAWYER!! and get a GOOD one that is experienced with these cases.

If you are not experienced in these kind of cases, do not try to get experienced as well. These people have probably sent out thousands of letters and have lots of lawyers to back them up.

If the only proof they have is an ip number and no logs or timestamps, you’re quite safe.

Sometimes ignorance is bliss.

If you feel little for privacy you could also post the letter right here on the forum and we can try and find out what your chances are. Absolutely no guarantuees that we will or you have any privacy left after posting that letter though.[/QUOTE]

I can get free legal cover! I was just trying to understand the situation. Not sure if you are calling me ignorant or not!!


#6

[QUOTE=fluffball;2534794]I can get free legal cover! I was just trying to understand the situation. Not sure if you are calling me ignorant or not!![/QUOTE]

You got a good answer - did you understand it??


#7

The Solicitors are actually under investigation at the moment. Everyone I have spoken to , Solicitors, CAB have all said it sound very fishy and the Solicitor even said write back to them and say “well take me to court” to call there bluff. I am awaiting more legal advise.

They said that on the 30.12.2009 @ 20:49:52 the file was made available for download so is this what you mean by time strap?


#8

I’m not an attorney so take that into consideration before taking my advice.
Personally I would just ignore this letter & see if more letters come.
If more letters come ignore them too.
I think any response from you to these “Solicitors” will only convince them they have got you worried.
So don’t send a letter that says “Take me to court”.
If they really have a case you will eventually get a “Summons” to court.
At that time consult an attorney. Since you have access to “free” legal cover.


#9

I have just pdf’d the letter of to a local solicitors that deal with this sort of thing and they are going to give me some advice.

Either way who pressed that download button?


#10

[QUOTE=fluffball;2534871]Either way who pressed that download button?[/QUOTE] Could be anybody who got (or took) access to your internet connection. You could ask your internet service provider (isp), given you know what kind of files were downloaded and at which time.

It could even not have been your internet connection if your isp frequently rotates ip addresses.


#11

Could also be a simple typo in the IP that was mentioned in the request of the solicitor (towards your ISP) to get your contact data.

Michael


#12

Ok this is what the solicitor said -

Mistakes are sometimes made in correctly identifying the relevant IP address. The claimant then has the difficulty of proving to the court, on the balance of probabilities, who was responsible for any illegal downloading. Much will depend upon who has had access to the IP Address in question. If there are many users the Claimant will be in some difficulty. If your partner is adamant that she was not responsible for the alleged infringement she should simply reply to that effect. If your partner has ownership of the computer and can trace the offending item an offer can be made to delete it. If it cannot be traced then your partner should say that it has not been possible to trace the infringing item on the computer in question.

As I said the claimant solicitors are under investigation at the moment.


#13

I had a similar letter, except mine was a basic “slap on the wrist and don’t do it again” from my ISP. They don’t seem to take such things too seriously here. It was a guest of mine who had done the deed.
Those solicitors have been given that information by your ISP, however the onus on them in a court of law is to prove beyond all doubt that it was actually you (or whomever pays the bill) that did the deed.
I’m pretty sure that it must have been someone piggy-backing on your WLAN.
Good luck!


#14

Peter we were in Milton Ontario a few weeks back - Your Country just seems to have a fairer system - It looks like a lot of people have been hit by this same letter.

In a court of law - Claimant is asked - So have you any proof Mr/Mrs X (standing in front of you) clicked on that download button - I bet the answer would be um um um [B]no [/B]


#15

In other words I wouldn’t worry too much.


#16

Hi Guy’s
A friend of mine received a £1000 fine from Getty Images 3 times!
She panicked and went to a solicitor. He said the same as me “BIN IT” there is nothing they can do! What is the point of fighting a court battle over pennies when it would cost £1000’s to hold a court hearing??
It’s only the big boys who fine each other with their £millions not the common man!
She has not heard a thing from Getty Images for over 18 months now …so forget it!!

Cheekyman (Frank) :cool:


#17

Hi:
This is probably junk mail. Ignore it.


#18

[QUOTE=Rohn123;2535119]Hi:
This is probably junk mail. Ignore it.[/QUOTE]
Check this thread out http://www.consumeractiongroup.co.uk/forum/acs-law/198192-acs-law-copyright-file.html


#19

These morons think they can sue just about everyone and get out wiht their pockets even more fullfilled and without a scratch… sue them back twentyfolded!


#20

I think it’s a scam. To get the gullible and frightened to pay up for an easy life and not want to fight them. If they have demanded money by e-mail, register it as spam.

In the Uk we have many solicitors who are crooks and abscond with funds , or the latest one in today’s TIMES NEWSPAPER July 30/2010 a Bent Nigerian Lawer 55yr old Michael Adelasoye and a Bent Vicar 61yr old The Rev Alex Brown were in league with Eastern European illegal Immigrant Gang conducting 300-400 bogus weddings with eastern European women with false documents to illegal Nigerian immigrants. This gave the illegal’s an apparent legal right to be in this country. Of course lots of money changed hands, Tarts were paid £3000 for a 10 minute stand up in front of the vicar to be photographed with somebody they have never met before.

Don’t send them E mails. Just letters. Emails could be coming from “Nigerian 319 Scams”.
Keep your personal data private - e mail etc

Open a Ring Binder file and be prepared for lots of threatening letters, copy them just for safety.
Firstly do Nothing, a scammer will see a response, as your being concerned.
You will know from Day 1, if it is a scam or not.

Head any reply WITHOUT PREJUDICE (in English Law) This will to some extent protect you should you make any admission as to your guilt to make an offer to settle, to end the matter
If you did use their service, You can chose to do nothing, and let them consider if it is worth suing you. I doubt it for a single use which could have been just curiosity. But there is risk of escalating costs. Don’t make lawyers richer that needed.

If you want to respond say - After a curious look at it, and you did not like it so it was destroyed, Say this. (Say it was crap and why). I would most probably do this if they are right, I took their property.
If it was part of the Medea Junk that attaches itself to your computer.and leaves a trail, If you use a good security system, you will know you are followed by Microsoft- google-whoever and your visits to wherever data is recorded and sold on to advertisers or reported back.

Say, please send to me all the details you have of your goods or service you are claiming for and how you value your claim. And where I can be expected to examine and purchase if I considered it suitable, as there is an increasing pile of Media Junk to sort through on the internet, all claiming use me! Use Me! Me!.
Your claim is inordinately expensive for the goods/ services you are claiming for.

You are obviously seeking to impose a Penalty or Fine in this country ABC this is the prerogative of the ABC Legal Courts.
Your illegal and unjustified penalty is obviously BIG BUSINESS for the expected innocent examination of your product to consider whether to purchase it from an authorized dealer, (Find One, if they exist, Copy advert) where it can be purchased for XYZ dollars, pounds whatever unit claimed.
(It may be it is expected to be Examined before purchase and there is nowhere else to examine the goods.) Ie. They expected to trap you, and exploited your actions as the only way to see their goods.

I value your product in good condition as being worth XYZ.
Please accept my cheque (Check) enclosed for XYZ as Full and final settlement of your claim and your costs for your product. Add What a bank charges for a letter for their costs W.
Totaling WXYZ
.
It could be the data has self installed itself if your computer is always on.
It maybe you have innocently looked at something, only you Know.

If you have not received the goods Wait before you feel compelled to write and say I have no record of you and the your alleged goods or service. (This may be true if you curiously perused and destroyed later)
(I have never obtained or requested your goods). Of course don’t tell lies because, if you get into court you will lose. They will keep your replies, proof you lie!
How you have linked my data to your service gives me cause for concern about the integrity of using the internet for any personal data.

For a relative small sum they are not going to do anything than send you threatening letters for a time and then sell the so called debt to others. Always be patient, and polite, because you should always asked for further and full details of their allegation. And file all documents, because if they persist. request they take you to court, and say you will strongly defend their claim, and will seek to recover all your costs from them.
Only after they have served you with a notice to appear in Court can you consider paying their claim and their costs up to that time. if you really took their property and consider the games up, you could pay into court what you believed to be its value and their expenses and costs.( recently changed in English Law) Just the Offer to settle.

Bill Pool of Abergele. North Wales UK