Cable Forum - View Single Post - Have you received a letter from Davenport Lyons or ACS?

cook1984 · 04-01-2009, 22:31

Don't ever pay them a single penny. If anything, invoice them for your time.

Just send them a polite letter saying they made a mistake. Something like this:

Dear Sir or Madam,

In response to your letter dated xx/xx/xx, I have checked my computer and the file in question is not stored on any of them. Furthermore I do not use the software you claim to have seen uploading the file in question, and it is not installed on my PC. As it happens I am not gay either, and so would have no reason to upload or download gay pornography.

As you may know, an IP address does not identify an individual, or a single PC, or even an internet connection. It is trivially easy to frame any IP address for uploading/downloading any file. Should you wish to take proceedings to court, I am certain that your evidence would not meet the required standards, and you would be faced with paying legal costs for my defence.

Any further correspondence on this or any other matter related to files allegedly shared on the internet which does not directly relate to a pending legal case in a court of law will be invoiced at the rate of Â£100/hour (minimum 1 hour) to yourselves.

Yours,
(name)

Be sure to edit it to be appropriate to your situation. I wouldn't bother going into too much detail about how stupid their "investigation" or "evidence" is. You might as well shout at a brick wall for all good it will do. The main thing is just to be firm, be clear that you are not ever going to pay them anything and that you are not overly concerned by their threats.

I'd also forward a copy of their letter to the Legal Complaints Service (http://www.legalcomplaints.org.uk/), along with a note explaining that you don't take baseless legal threats kindly, especially when they have no intention at all to take matters further.

04-01-2009, 22:31	#329
cook1984 Inactive Join Date: Sep 2008 Posts: 556	Re: Have you received a letter from Davenport Lyons? Don't ever pay them a single penny. If anything, invoice them for your time. Just send them a polite letter saying they made a mistake. Something like this: Dear Sir or Madam, In response to your letter dated xx/xx/xx, I have checked my computer and the file in question is not stored on any of them. Furthermore I do not use the software you claim to have seen uploading the file in question, and it is not installed on my PC. As it happens I am not gay either, and so would have no reason to upload or download gay pornography. As you may know, an IP address does not identify an individual, or a single PC, or even an internet connection. It is trivially easy to frame any IP address for uploading/downloading any file. Should you wish to take proceedings to court, I am certain that your evidence would not meet the required standards, and you would be faced with paying legal costs for my defence. Any further correspondence on this or any other matter related to files allegedly shared on the internet which does not directly relate to a pending legal case in a court of law will be invoiced at the rate of Â£100/hour (minimum 1 hour) to yourselves. Yours, (name) Be sure to edit it to be appropriate to your situation. I wouldn't bother going into too much detail about how stupid their "investigation" or "evidence" is. You might as well shout at a brick wall for all good it will do. The main thing is just to be firm, be clear that you are not ever going to pay them anything and that you are not overly concerned by their threats. I'd also forward a copy of their letter to the Legal Complaints Service (http://www.legalcomplaints.org.uk/), along with a note explaining that you don't take baseless legal threats kindly, especially when they have no intention at all to take matters further.