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Old 25-03-2009, 20:26   #447
Toxic Debt
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Join Date: Mar 2009
Posts: 1
Toxic Debt is an unknown quantity at this point
Re: Have you received a letter from Davenport Lyons?

Here's my story so far..

Got letter last November informing me my ip address was caught downloading at 9.01am one day last May downloading and uploading a music album by Scooter over bittorrent.

It didnt surprise me as I run a PC repair shop and have many customers PC's connected to my network at any point in time. Many riddled with hijackers and other virus based software.

I contacted Lawdit solicitors and gave them my mitigation that as an PC repair business it may have been one of my customers PC's that continued downloading / uploading when it was connected to my network at the start of business (9am). I was advised that this would not be going to court and for a fee of £50 plus VAT they would write to Davenport Lyons on my behalf.

Heard nothing for three months then Lawdit sent me a letter from DL stating that they did not say I had deliberately downloaded / uploaded the file but were proceeding with the case on the grounds that my IP address was enough to secure a victory.

Another £50 to lawdit secured a final letter to DL from Lawdit telling them they would defend my case vigorously.

Today they received a reply stating that if payment was not forthcoming with 14 days the will start proceedings against me. Lawdit said it would cost me £3000 for my defence and if I loose DL's costs could amount to around £15000.

My Dilemma:
I can not afford to pay for a defence (lawdit said no to a 'No win No fee').
I could defend myself (badly)
Or i could just pay up.

But I have a real problem with paying their demanded £505 as this will be seen as an admission. Therefore I can no longer allow it to happen again which means that I con not allow any of my customers PC's to be connected to my network in fear of some torrent download software running behind a hijacked (loacked) PC.

So therefore DL will have effectively put me out of business as i will no longer to be able to ply my trade.

I am going to email Lawdit and ask them if I pay can we do DL for taking my business away.

Any advice would be welcome
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