Have you received a letter from Davenport Lyons or ACS?

[shawty]

Originally Posted by slash181

Okay someone's spent too long doing nothing with his life accept posting on forums, 1,210 posts = sad, and your 37 and have poor grammer.
get a life.

Actually, if you work it out, if you stay here as long as 'Charlie _bubble' has, it would work out you would have more posts than him. His daily post count is 0.64 and yours is 2.66.

So come to think about it, how is posting not even 1 post on a forum a day, sad?

[Toto]

Originally Posted by Alien

I thought the reason that happened was because she didn't turn up to the hearing, so the prosecution was able to get a default judgement against her?

Correct.

[brundles]

It would seem more letters can be expected shortly by those who haven't yet learnt...
Linky

[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.

[Florence]

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.

Have you asked how they got your details?

We have kindly been informed by collegues within the industry that customers are reporting to be receiving phone calls from someone claiming to that he had been illegally downloading music from the Internet.

In case anyone else receives such a call please be aware that nobody is able to obtain your phone number from your internet usage (unless you post it!) so any such call is certain to be a scam of some kind.

Do not, under any circumstances, reveal any information about yourself or your internet connection to anyone who calls you with a similar story.

If we at Aquiss call you we will verify ourselves to you. Never respond to any request for you to verify who you are to a cold caller.

Posted by Martin Pitt here

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.

[zappagirl]

I did see CAB and sent off the letter they advised me to send. However DL have power and resources that I just don't have.

There is something quick sick about what Topware and DL are doing, there is no way the game would ever have reached the sum they are claiming they lost though 'privacy'. They are basically suing people to earn money they would not otherwise have earned.

I asked my son if he had ever downloaded the game and his reply was who would bother...which was pretty much my reaction.

It's not even a game I would want free, let alone to file share for...

Does anyone own this game legitimately or would even own up to owning a legal copy?In other words have they made any money from selling it legally?

[peanut]

Originally Posted by Maggy J

I asked my son if he had ever downloaded the game and his reply was who would bother...which was pretty much my reaction.

It's not even a game I would want free, let alone to file share for...

Does anyone own this game legitimately or would even own up to owning a legal copy?In other words have they made any money from selling it legally?

Test Drive Unlimited is quite a good game. And one that I reckon has been downloaded many times.

As for the pinball, that was more of an entrapment ploy. Anyone who had an amiga must have played Pinball dreams/fantasies as that was one of the top titles going at the time, so if I saw it I'd have gone for it if I had the means just to see if it was better than the old versions.

Originally Posted by peanutkp

=

As for the pinball, that was more of an entrapment ploy. Anyone who had an amiga must have played Pinball dreams/fantasies as that was one of the top titles going at the time, so if I saw it I'd have gone for it if I had the means just to see if it was better than the old versions.

I had a demo for the amiga CD32 which I threw away in disgust..it was the most appallingly tedious game.Give me Robocod anytime which I can STILL play on the CD32...

[peanut]

Originally Posted by Maggy J

I had a demo for the amiga CD32 which I threw away in disgust..it was the most appallingly tedious game.Give me Robocod anytime which I can STILL play on the CD32...

Yeah it's each to their own isn't it. But I don't see what your preferences though has anything to do with the situation, people have downloaded it so there is a market for those types of games.

As for the game being any good I don't know, but I seriously doubt it, and I doubt that it sold well to start with, so I'd go on the assumption that it was put on the p2p scene to make money this way.

They've been kicked out of other countries and been classed as illegal, so it's about time they get kicked out of this one, but something tells me that they won't be going anywhere soon.

Oh and yeah Robocod was excellent too.

[cookie_365]

Originally Posted by zappagirl

I did see CAB and sent off the letter they advised me to send. However DL have power and resources that I just don't have.

If you're on benefits you might get legal aid. Go see a solicitor

The company will have to show, on the balance of probability, that you've caused them loss.

The poll should be different and the last option should be I did not get a letter but did download the game and it should be anon. Those that did not get a letter does not really tell us anything

[zappagirl]

Originally Posted by cookie_365

If you're on benefits you might get legal aid. Go see a solicitor

The company will have to show, on the balance of probability, that you've caused them loss.

I can't get Legal Aid for this - I've tried everyone and everywhere. For the record, my son had bought Test Drive Unlimited for a different format. He saves up his Christmas and Birthday money and buys original games. In the intervening time he trades them in at Gamestation or such like and gets other pre-owned.