Quote:
Originally Posted by zappagirl
I've never downloaded anything in my life. They are alledging the download of Test Drive Unlimited and claiming £565.00. I contacted them and explained, without prejudice, that if anyone did download it, it would have been a 13 year old child. I told them I was on benefits and couldn't pay the amount. They instead sent out a payment schedule which would end up costing me £665! There have been numerous arguments, tears and tantrums in this house. I can't sleep or even eat properly.
The computer was a gift from his dad, I got broadband when I was working and subsequently re-negotiated my telephone so I could afford it. I've got a daughter who was 3 at the time of the alledged offence, she is lovely but demands my attention all the time. I've had people telling me that I'm a bad parent for not keeping a closer watch on my son, all I can say to that is his dad installed the computer and I assumed he knew what he was doing re internet settings etc. I'm not very computer literate myself. I can't believe I am the only person to be in this position. Before this happened I was more worried about internet grooming than this stuff. Between my son and myself, looking at this letter, then we do not think that any copyrights were infringed, however I am sure that DL will not accept this and rely on their own evidence as they have previously done in court.
If they get a judgment against me then what will happen? I have no property or assets. I can't work now my daughter is at school, rather than day nursery, as there is no out of school provision in this area and there are very few jobs that are only term-time and school hours! (No I don't feel I could be a childminder).
They might as well take me to court for £16,000 as £665 because either amount is out of my reach. I'm a nervous wreck.
|
You need to go and see your local CAB in the first instance. They will be able to point you in the direction of some sound legal advice. It may be, upon legal representation, that Davenport Lyons back off you. It seems that they are trying to make a swift buck and might be shy of actually fighting a contested court case (which would be expensive for them, with no guarantee of success).
However, *if* DL pursues you, and *if* you get a court judgement against you, the Court will assess your circumstances and there's no reason to think that the total amount you would pay, or the monthly instalments, would be anything like what DL are currently asking of you.
There are all sorts of holes in the line DL are taking with this; for starters the methodology by which your computer's IP address was captured, and the way in which they have calculated your liability (it is doubtful that they have any hard, scientific method by which they can even estimate how many complete copies of the computer game in question may have been shared from your PC, if indeed any complete copies have been shared at all).
But you would need a solicitor to engage the right sort experts in order to be able to argue this case with DL. Go down to your CAB and start the ball rolling.