Quote:
Originally Posted by Toto
I'll say this though, the problem won't go away.....you either pay up, or get help, most would suggest the latter.
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No, no, no! Do not send them a penny, and do not waste money on solicitors!
If they persist, just tell them firmly that you are not going to pay and that you are innocent. It is up them to prove you downloaded the files, not for you to prove your innocence.
Davenport Lyons are trying to scare people into paying up, simply by sending official looking letters from a legal firm. In reality, they have no basis for their demands and there is no legal reason you should pay them. Think about it for a moment - anyone can send a letter demanding money for some alleged download. It's quite another thing to actually take legal action and argue the case in court.
So far, not one single person who told them they were not responsible for the download has been taken to court. They know they cannot win, they simply rely on fear making you pay up. It's a giant scam, and is currently being investigated by the legal services watchdog. For that matter, it was on the BBC Watchdog program too.
NEVER NEVER NEVER pay. NEVER NEVER NEVER argue with them. Just tell them you did not download the file, you are not responsible for any of the alleged downloading, and you are not going to pay. Stick to that and they will give up and go away.
Quote:
Originally Posted by shifty117
they say that they do not claim my pc was used, or claim I dl the file so why are they trying to sue me? they are claiming it was my internet connection.
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It does not matter. They have no proof it was your internet connection. They will say they do, but all they really have is an IP address, which does not identify your internet connection. Even if they could identify it, you are not responsible for the actions of others, even using services you pay for. If someone uses your mobile phone to make abusive calls, or steals your car and crashes it, you are still not responsible, the person who did those things is.
---------- Post added at 23:27 ---------- Previous post was at 23:18 ----------
Quote:
Originally Posted by shifty117
we do not claim that you pc was used to commit the infringing act(although we do not exclude this possibility) nor do we claim that you downloaded our clients work. Our claim is that your internet connection was used to make our clients work available via one or more p2p networks. We have already supplied you with sufficient evidence ( just the ip address, time and date of download) to establish this claim in our original letter of claim. We also believe this evidence is sufficiently clear.
in the circumstances, unless you are able to provide a satisfactory explanation as to why you are not liable for the acts alleged against you and/or we recieve wrtitten undertaking and payment of 602 pounds with the next 14 days, we shall have no alternative but to take you to court basically.
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Can you please scan this part of the letter? DL just admitted that they have no case!
You don't have to provide any kind of explanation. It is up to them to prove you downloaded the file. You are innocent until they provide evidence to prove otherwise, and as they just admitted they don't know it was you.