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

[Scooby Doo69]

Cheers Scooby Doo69, I've written my letter and will post nearer the 21 day deadline.

 

I'm fed up that this has caused so much hassle and wasted so much time. I feel sorry for people who would have just paid up.

 

I am also concerned firstly, that this company has any information about me at all and secondly, worry what else they may do with the data they have obtained. I wonder if it is worth sending a request under the freedom of information act, I think it is called a SAR. to see what exactly they have?

 

Any thoughts anyone?

 

Does anyone have any info on NG3 System Limited?

 

Your ISP will have your account details registered against your IP address that they allocate to you at any given time. This is your digital footprint (like a telephone number) that you use everytime you access anything on the internet.

 

ACS Law have used a company who claim that your IP address was used on a P2P internet connection in a swarm to upload said title. On P2P when you download you also upload which is how P2P works. In doing so they have contacted your ISP who have checked their logs and related the IP addressed used to your account details.

 

You are entitled to obtain your account details and logs under the Freedom of Information Act. I think it costs around £15 to do so. Your ISP may not pay ball, but if you persist they will have to comply.

 

The thing is what else can they tell you? All they know is they keep logs as they are obliged to do so and they have received a court order requiring them to hand over your details. Asking the same of ACS Law will probably be stone walled, delayed or come at a price. Anyone being asked to provide information un the FIA can charge a reasonable admin fee.

 

Send your single LOD and play the waiting game.

[Scooby Doo69]

Hi everyone,

 

I received a letter from these guys today. I had apparently downloaded an adult film and they want over £500 from me. I immediately called them saying what a load of bull it is as i have never downloaded such film before. The dopy receptionist refused to put me through to anybody, saying that it is al dealt with by post...which I do find quite hard to believe, that there would be nobody to speak to .

 

Anyway, i'm just after clarification that this is an attempted [problem]? And also, what is best to do? Ignore it, or respond denying downloading it?

 

Thank god for the internet and for this thread! I was worried for a good 10 mins!

 

Cheers,

 

"Samuel"

 

Hi Samuel,

 

Despite what language some use, this is a legal process. It is better to put your response in writing as you then have an audit trail.

 

If you are innocent get independent legal advice.

 

My advice is to send a single LOD giving away as little information as possible and stating that you are not going to enter into further correspondance.

 

ACS Law and no doubt others monitor the internet including probably this forum.

 

There is plenty of advice from others in a similar situation to you which can be found by googling ACS Law.

 

[samueladams]

Hi Samuel,

 

Despite what language some use, this is a legal process. It is better to put your response in writing as you then have an audit trail.

 

If you are innocent get independent legal advice.

 

My advice is to send a single LOD giving away as little information as possible and stating that you are not going to enter into further correspondance.

 

ACS Law and no doubt others monitor the internet including probably this forum.

 

There is plenty of advice from others in a similar situation to you which can be found by googling ACS Law.

 

 

So it is a legitimate company, who believe that i have downloaded this? I got the impression that they were complete chancers.

 

What are the chances of this actually going to court then?

[Scooby Doo69]

ACS Law are a legitimate Solicitors, regulated by The SRA.

 

They are a cog in a process that involves several companies including the rights holders and the information gather.

 

Regardless of what people say this is a legimate process that needs to be denied if innocent.

 

To date, ACS Law haven't stated on their web site or in interviews that they have taken anyone to Court. A Solictor before them Davenport Lyons claimed to have taken people to Court, but their is no real evidence to back this claim up.

 

The chances as of today of being taken to Court is slim. This will cost ACS Law time and money to do this and if they lose stops the whole process in it's tracks.

 

By threatening people via legal letters, a proportion will pay up and the outlay is little in time and effort and materials.

[zero_flight]

You need to report them to SRA, Trading Standards, Consumer Direct, Which, Watchdog. ACS:Law need to be stopped.

[samueladams]

I contacted Consumer direct, who advised me to write to them denying any wrongdoing completely. I then contacted my internet service provider, to see if they had indeed provided my IP address, as the letter states. Somewhat to my surprise, they actually had! I find this bizarre and it's now beginning to seem a lot more real.

 

I really don't know where i stand with this whole thing. It's making me wonder if someone else could have possibly downloaded it, either on my computer or using my wireless??

[whereswally]

You are innocent Samueladams, there are MANY people who are innocent and have been accused. Ensure that nobody else in the household has downloaded AND SHARED the file, but it's more than likely that your IP address has been identified incorrectly, like the hundreds/thousands of other innocent people involved with ACS:LAW currently.

 

Make sure you read as much as possible and don't panic, we are all in the same position and here to help.

 

Slyck is most up to date on this:

 

Slyck.com • View topic - The official ACS:LAW/Davenport-Lyons lawsuit discussion

[zero_flight]

Who is your ISP ?

 

I've just phoned mine again and there is no evidence on my account of such a court order being received.

 

Looking at the court order there is a few pages missing (the schedule), containing the actual IP address.

 

Why is ACS:LAW withholding this part of the court order?

 

If it exists ??????????????

[samueladams]

You are innocent Samueladams, there are MANY people who are innocent and have been accused. Ensure that nobody else in the household has downloaded AND SHARED the file, but it's more than likely that your IP address has been identified incorrectly, like the hundreds/thousands of other innocent people involved with ACS:LAW currently.

 

Make sure you read as much as possible and don't panic, we are all in the same position and here to help.

 

Slyck is most up to date on this:

 

Slyck.com • View topic - The official ACS:LAW/Davenport-Lyons lawsuit discussion

 

But the fact that they have contacted my ISP surely means that there is no way i could have been mistakenly identified?

[Scooby Doo69]

There are many variables.

 

1) The evidence ACS Law are representing is wrong

2) You did do it (no offence meant)

3) Someone hijacked your internet connection if you are using a wireless connection and it is unprotected

4) Someone hacked into your internet connection if you are using a wireless connection (there is software out there easily obtainable to do this

5) Someone spoofed your IP address. Using a method to make it look like another IP address done the uploading

6) Someone who has permission in your household (or not) used the internet connection and committed the offence without your knowledge. It is pretty normal for Parents to not know what their Children are using the internet for.

7) Your ISP has made a mistake and given out the wrong subscriber details.

 

I'm sure there are other ways and means out there, but the Nos 2&6 above aside it's clear to see why ACS are reluctant to take people to Court as the evidence is untested and there are many grey areas still.

[zero_flight]

Your IP number can change as much as 50 - 60 times a day so if you download a file and your IP changes halfway though will you get 2 court orders. LOL Heres the kicker even if your computer is off your router still connects to a IP address unless you physicly disconnect it.

[jpts33]

Personally I think there will be only one eventual way to stop this atrocity, nobody, and I mean NOBODY pay. Don't pay 1 penny to these damn solicitors (well only 1 atm, ACS:LAW) as TBI have apparently thrown in the towel. If people keep paying these 'people:mad:', and I use that term very lightly, they will keep sending out more and more letters of demand. If everybody refuses to pay they will have to either take somebody to court:roll: or be forced to give up. If it ever goes to court:roll: (Which all the proof strongly suggests that they would avoid this action like the plague) it is quite possible that this scheme would be killed in its tracks. Either way, it is only us (Everybody who has been accused) who can stop this scheme in its tracks. You're not alone, don't pay them - we can win this battle...

 

I would not ignore the letters though - send your Letter of Denial (LoD), maybe even reply to their response of you using a template letter, then forget about them. Good luck people.

[whereswally]

But the fact that they have contacted my ISP surely means that there is no way i could have been mistakenly identified?

 

 

Nope, that's what the ISP is led to believe and IP address DOESN'T and SHOULD NOT mean copyright infringer.

 

People can steal wifi via hacking locally or fake IP addresses.

 

For example, if you were to file share in a library with your laptop on their connection, the library would be identified by their ISP as the infringer. Which is wrong as you can see!

[Billpayerr]

Hi All,

 

I’m new to this forum, but have been watching it for a while. I’m a poster on the similar thread at Slyck and have decided to post today to pass some reassurance to those newly accused people that have found their way here.

 

I was accused of sharing a file back in November 2008. Back then it was Davenport Lyons who issued the forms, but they passed my paperwork over to ACS:Law. I couldn’t afford a solicitor to help me defend myself so I’ve written back denying these claims myself and have done so many times so be prepared for a long letter writing campaign!

 

One of the biggest things that played on my mind at the beginning was I worried that if I didn’t provide them enough information I thought it would put me in breach of the Pre-Action Protocol and that if it went to court I would be seen in a bad light. Because of that worry (coupled with a threat of court action) I continued to write back to every letter they sent. I told them that I shared my connection with friends and family and that I had taken every measure I could (within my limited experience) to protect my connection. I also pointed out that I couldn’t find out if my connection was used for this infringement. This made no difference at all to ACS. They were not interested, they don’t care, they just kept writing to me asking me the same questions and at one point they threatened me stating that I was at real risk of proceedings being issued against me if I did not pay up. That was back in September and they have not taken me to court.

 

I’d like my experience to help new comers to this. It is clear to me that ACS:Law is not interested in any form of declaration of innocence. You can tell them until you’re blue in the face that you are innocent, but they will not go away. They want your money and they will keep telling you that YOU are responsible as you are the account holder. They firmly believe that because you own the account then you are responsible for any infringements that occur on it.

 

It’s tempting to pay up and make it all go away (if you could afford to) but if you are innocent then why let ACS bully you into paying? Keep calm and try not to worry (I know it’s not easy). ACS:Law have not taken a contested case to court. If you did not share this file and you did not authorize anyone to do so on your connection then you have nothing to fear.

 

I’m one of those people that worry over missing one payment and I keep everything up to date. I’ve never had a legal letter or been in any situation like this before so I have found it particularly hard to cope with. I fear the letters that arrive in the post and it’s not nice. I know others will be reading this and I hope my post helps you in some way.

 

I refuse to be bullied for something I have not done, please stand firm with us.

Edited April 19, 2010 by Billpayerr
Spelling..not my best subject!

[samueladams]

The court order made by Chief Winegarten, enclosed with the letter to myself, is dated 17th February. It has stamps all over it, photocopied mind you. The whole court order looks very amateur like and i'm unsure of its validity.

 

I have just called the High Court of Justice Chancery Division in London.

 

They said to me that he only sits on a Tuesday. 17th of February is a Wednesday. Additionally, they keep all records of which companies visit the chambers. They have no record of ACS visiting on either Tuesday 16th or February 17th.

 

I don't know if this actually means anything, or if anyone has done it before but it all seems very strange to me.

 

Additionally, on the court order, it lists 9 respondents. In the letter from ACS it claims to have obtained my IP address from my ISP. Which they have done. Yet, on the list of respondents, my ISP is listed as number 2. Further down the court order, it refers to my using of a ISP which is listed as number 3 on the order. They're basically saying in the letter, that i use Virgin. Yet on the court order, they're saying i use Tiscali. What is going on, such a glaring error?!

Edited April 19, 2010 by samueladams

[Scooby Doo69]

The court order made by Chief Winegarten, enclosed with the letter to myself, is dated 17th February. It has stamps all over it, photocopied mind you. The whole court order looks very amateur like and i'm unsure of its validity.

 

I have just called the High Court of Justice Chancery Division in London.

 

They said to me that he only sits on a Tuesday. 17th of February is a Wednesday. Additionally, they keep all records of which companies visit the chambers. They have no record of ACS visiting on either Tuesday 16th or February 17th.

 

I don't know if this actually means anything, or if anyone has done it before but it all seems very strange to me.

 

Interesting. There will only be one Court Order within ACS that has probably been photopcopied over and over again. What is the address to send payment to? I'd be suprised if they had pulled a stunt against a phoney court order.

 

Chanes are that it was claimed in the name of Andrew Crossely or similar. Google BEINGTHREATENED as they attend the last set of court orders at the start of 2010.

 

Scoobs

[Scooby Doo69]

Personally I think there will be only one eventual way to stop this atrocity, nobody, and I mean NOBODY pay. Don't pay 1 penny to these damn solicitors (well only 1 atm, ACS:LAW) as TBI have apparently thrown in the towel. If people keep paying these 'people:mad:', and I use that term very lightly, they will keep sending out more and more letters of demand. If everybody refuses to pay they will have to either take somebody to court:roll: or be forced to give up. If it ever goes to court:roll: (Which all the proof strongly suggests that they would avoid this action like the plague) it is quite possible that this scheme would be killed in its tracks. Either way, it is only us (Everybody who has been accused) who can stop this scheme in its tracks. You're not alone, don't pay them - we can win this battle...

 

I would not ignore the letters though - send your Letter of Denial (LoD), maybe even reply to their response of you using a template letter, then forget about them. Good luck people.

 

There are three ways.

 

1) If no one pays the gravy train drys up. Problem is that some people pay up out of ignorance to web sites like this one, IT ignorance in general or being frightened by the terminology in the letters.

 

The problem with paying up is that ACS or similar now know you are a payer and they may come back to you for more monies at a later date. Easy prey so to speak

 

2) Lobby the media into making the issue so unpopular that potential customers of ACS Law realise the bad publicity is not worth the income from the letters. Has worked in the past with Atari for example. Davenport Lyons and TBI also backed off due to the public out cry. Can't see ACS Law doing likewise though.

 

3) Get the law changed. We are on the verge of a general election and any and all politicians are now more open to listening to Joe Public than at any other time.

 

Scoobs

[teaboy2]

I think the best response (denial aside) would be simply to write back, with following sentence!

 

"Prove it, take me to court for it - or you can go **** yourself's!!!"

 

Its that simple. They will not risk taking you to court because their more likely to lose and they know it, which is why they have not taken anyone in the UK to court that i know off. Also they can not register anything on your credit file for not paying the demand as it's quite simply not a debt, just incase they have threatened any of you with damaged credit files.

Edited April 19, 2010 by teaboy2

[Scooby Doo69]

I think the best response (denial aside) would be simply to write back, with following sentence!

 

"Prove it, take me to court for it - or you can go **** yourself's!!!"

 

Its that simple. They will not risk taking you to court because their more likely to lose and they know it, which is why they have not taken anyone in the UK to court that i know off. Also they can not register anything on your credit file for not paying the demand as it's quite simply not a debt, just incase they have threatened any of you with damaged credit files.

 

I'd advise against anyone provoking a reaction. Just because they haven't taken anyone to Court doesn't mean they won't at some time. I wouldn't want to have to defend writing an offensive letter similar to above to a judge. It's not likely to help my defence.

 

Whilst this is not a debt, it is a civil claim all the same.

[teaboy2]

I'd advise against anyone provoking a reaction. Just because they haven't taken anyone to Court doesn't mean they won't at some time. I wouldn't want to have to defend writing an offensive letter similar to above to a judge. It's not likely to help my defence.

 

Whilst this is not a debt, it is a civil claim all the same.

 

whats more offensive? Demanding hundreds of pounds in damages with no real proof or court order, or telling them to prove it or back off? Am sure any judge with any sense would understand that!

 

i find alot of times, when i or when i help others that have issues with people or companies, that going on the offensive to defend my/their rights gives them a clear message that i/they am/are more then prepared for a fight to defend my/their rights, or in this case innocence. which as a result makes them discontinue their claims. Basically its reversing their scare tactics back onto them!

 

Of course people shouldn't write the exact sentence i stated above, and instead write a formal letter that basically comes across as the same but written in a more polite way. Whichever way you write the letter its still basically saying the same thing, and thats "proof it, or **** off".

[zero_flight]

Interesting information regarding the court order, I strongly suspected the court order sent to me to be a fake. The whole business is just so unbelieveable. The company could be liable for falsifying court documents, if this is correct.

[paranoid_fish]

Hi all,

Ok so i have ended up being one of the ACS:Law targets. I have few points about this company after reading all about them for the last 9 days.

 

Where is their proof? I am an IT manager and understand PC's and IP addresses. This company needs to really get their facts right. Ok so you have an IP address that was issued to me. Oh hang on....issued to my router. Not my PC. How do you know that my PC was on? My router is on all day everyday. Occassionally loose connection which then renew's that address.

 

There are some very clever hackers out there that can ping the internet and see what comes back. They then can copy that address and pretend to be you. My Hotmail account has been hacked 2 times. Everytime i trace the mails sent out. They always go back to the hills in China. Now are you telling me that a chinese person who lives in the sticks in the hills of China has a internet connection? These people are poor. So it clearly shows that someone can pretend to be me from the other side of the world.

 

Also i love the post about the Court not knowing ACS. That is classic.

 

So from all my reading i can only respond to this bullying letter (which was 2nd class) with a LOD.

 

Can someone please close down these idiots. I have been blessed with a little baby coming into my life. Due in 4 weeks time and this stress i don't need.

 

One paranoid fish!

[zero_flight]

I thought that it was only a matter of time before they targeted someone with knowledge of I.T. Lets hope that there becoming careless and reckless, which leads to them being caught.

[G-Dog]

Hi All,

I just recieved a letter of the above nature and to be honest it really kind of shocked me. Stress which I do not at this very moment need. I have never been in any legal trouble in my life and this comes on the heels of two personal issues which are causing me much stress already.

 

I do have an open network (mainly because no matter how hard I try I cannot get my laptop to connect with encryption on) and I dont really have anything that exciting on my PC that I was worried about people trying to get in.

 

I wrote them a quick email LOD (according to the letter this will be accepted as much as a real letter) and await a response. Its all at the same time maddening and depressing that this vulture is allowed to harrass decent honest tax paying people.

 

I really hope this reprobate can be stopped once and for all.

[paranoid_fish]

oh and another note.

 

Did anyone else notice that they are asking for the 3 digit security code from the back of your card? Surely if you give them this along with the other details requested they can use your card any where.

 

I thought this number was only to prove that you have the card when making internet purchases. From my understanding this should never be given to anyone else.