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DavenPort lyons Suing me

Discussion in 'Serious' started by matthew223, 9 Jul 2008.

  1. Gareth Halfacree

    Gareth Halfacree WIIGII! Lover of bit-tech Administrator Super Moderator Moderator

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    No problem - but one little caveat: I'm not a lawyer, nor do I play one on TV. If it backfires and they do send a court summons your way, then I disavow all responsibility. Your mileage may vary. May contain nuts. Warning: do not puncture or dispose of in fire, even when empty. Keep away from children.
     
  2. nw104hh

    nw104hh What's a Dremel?

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    ...sorry for asking, but all this Data Protection Act 1998 and Data Controllers record number Z645072X do exist???

    Thanks again...
     
  3. Gareth Halfacree

    Gareth Halfacree WIIGII! Lover of bit-tech Administrator Super Moderator Moderator

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    Yup. The DPA gives citizens the right to access personal data held by companies for a nominal fee (£10). See The Information Commissioner's Office.

    The code Z645072X is the official entry in the Register of Data Controllers for Davenport Lyons. Go here and search for company name "Davenport Lyons" to see the entry.
     
  4. mushky

    mushky gimme snails

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  5. nw104hh

    nw104hh What's a Dremel?

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    Thanks again, and last one question - what whould you do if you were in my position - send a letter or ignore it (i would choose first option) & can i pay by postal order 'cos i don't have a checque book...
     
  6. Gareth Halfacree

    Gareth Halfacree WIIGII! Lover of bit-tech Administrator Super Moderator Moderator

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    A postal order should be fine. Just change the wording of the letter.

    As for what I would do, I'd send the letter Special Delivery while keeping a copy for my records. Ensure that all paperwork to and from Davenport Lyons is kept safe, in case you need it in future. If they call, refuse to discuss the case and demand that all correspondence is in writing. Do not pay. If you ignore the letters, they will take you to court - they don't need to prove you received the letters, just that they sent them. The letter they are sending out is not illegal, despite what people are claiming.

    If you make it clear that you are aware of your rights and are willing to defend yourself in court, they will back off. I almost guarantee it. All the cases that Davenport Lyons won were 'default judgements' - i.e. people who ignored all the letters from DL and the courts and didn't attend on the day of the hearing. If you make it clear that you will attend they'll hunt easier prey.

    Oh, and the most important tip of all: stop pirating games!
     
  7. 3dHeli

    3dHeli What's a Dremel?

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    That looks like very good advice to me !!!!

    But still worth checking out with Citizen Advice Bureau, or better yet if you have legal insurance, such as on a home contents policy, worth asking them to.

    Good Luck.
     
  8. nw104hh

    nw104hh What's a Dremel?

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    So good, that i'm sending this letter today!!!!

    Once again - thanks ;)

    ...and i didin't download that game,,,,,,,
     
  9. fathazza

    fathazza Freed on Probation

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    this is a civil matter rather than criminal tho, so it has nothing to do with reasonable doubt.
    and is rather about the balance of probabilities. eg, if 51% to 49% then youre buggered.

    ps. it might be worth finding out exactly what section of what act they are suing you under... ;)
     
  10. nw104hh

    nw104hh What's a Dremel?

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    Section 16(1)(d) and 20 of the Cpyright, Designs and Patents Act 1998 - and it says "...where our client's work has been copied on the hard drive of the personal or office computer used to make the Work available on P2P networks, there will aslo have been a breach of the provisions of sections 16(1)(a) and 17 of the Act.
     
  11. matthew223

    matthew223 What's a Dremel?

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    So i went to the citzens advice and they were helpfull in some my way, what they told me to do is to bascially write a letter to them telling them that i dispute this and enclose a letter from my employer stating that i was in work and wait and see what they do,if they take it any further come back. She said this could be a scam, i mean its not a lot of help but it puts my mind to rest that there are people that are there to help without having to pay out lots of money.

    cheers
    if anything happens i let you know:)
     
  12. Veles

    Veles DUR HUR

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    They will send you a letter back saying you are responsible for everything that happens on your internet connection, it's their standard response. According to them, if someone steals your kitchen knife and then stabs someone with it, you've committed murder, I think the real justice system works a little differently.

    If you continue to reply they will stop talking to you as it's costing them too much money to keep in contact with you.

    Basically, they want you to shut up and hand them over money, they're doing a legal scam and are an awful company.
     
  13. Matticus

    Matticus ...

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    http://torrentfreak.com/anti-piracy-company-breaches-privacy-080123/

    This shows that the data "collected" against you was done so in a questionable way. If it does go any further this could be an extra point to make.

    The police cannot break into your house (without a warrant) just to check to see if you are committing any crimes, so why should these guys be able to.
     
  14. Ryu_ookami

    Ryu_ookami I write therefore I suffer.

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    I've got no idea seems that they must have a hat tthat they just pick a figure out of But After reading this thread I'm keeping a copy of that letter for any future trouble I have and I think it should be made a sticky (but it won't be :) ..) also DON'T PAY...fight it! and good luck :)

    just a quick thing if they track it and back the claim up because of a mac address whats to stop him just getting a new modem and claiming that they have the wrong person because the mac address doesn't match also is his isp not in breach of some sort of privacy act about giving out his personal information.
     
  15. Veles

    Veles DUR HUR

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    They get a court order from germany.

    Probably the cost it would be to process all the letters and such plus some money for profit.
     
  16. Ryu_ookami

    Ryu_ookami I write therefore I suffer.

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    ok so he is is based in the UK

    Be There are registered are "Be Un limited (’Be’) is a provider of various Internet services, registered in England and Wales (Company no. 5262862 and VAT no: 778 6037 85)"

    so my next question is

    Where the hell does a Germany court get the authority to legally demand information from a British company so that a scumbag company based in England can take action in an English court ?
     
  17. Matticus

    Matticus ...

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    I thought that the way it worked was the company who do all the sniffing are swiss, they then give the data to DL, DL present the ISP with the information and force them to give the details of the person who is linked to the IP, the ISP give the information to DL. DL send you a letter. Your saving grace on the matter is that the company who find the information have basically been told (in the past, ie jan) that what they are doing is an invasion of privacy, therefore you can argue that you didn't do it and seek damages due to an invasion of privacy and the mental anguish the ordeal has caused.

    Also you can argue that no matter how secure your network is, any body who can read and has (a very small amount of) time can aircrack your wireless. I personally aircracked my neighbours wireless just to see if I could. Providing you can use google and have the slightest idea how a network works you can easily be on there wireless.
     
  18. Veles

    Veles DUR HUR

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    One of the consequences of being in the EU.
     
  19. Matticus

    Matticus ...

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    Yup, unfortunately EU law supersedes domestic law. So our basically legendary law system is being chipped away at by....erm....the French...clearly....
     
  20. nw104hh

    nw104hh What's a Dremel?

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    The Witcher

    Hi

    Letter sent today via special delivery ;)

    ...now all i have to do is wait.... and wait..... and wait ;)
     

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