Re: Letter of claim - p2p - UPDATE - More advice please needed


"PeteM" <Bozo@xxxxxxxxxxxxxx> wrote in message news:tg5$ZIAamWAGFwE0@xxxxxxxxxxxxxxxxxxxxxxxx

Could you perhaps post a scan of the letter, suitably edited?


Yep here is what the letter says in full, which we got today:

"We have read your letter dated 7 March 2007 and note its contents.

The processes and methods employed by there IT experts to produce the evidence which is then submitted to the ISP's, has been the subject of a detailed investigation and report prepared by a qualified information technology consultant and which has been approved and recognized by the courts in Germany and England as verifying and validating such process and methods. We therefore remain of the view that there has been no mistake and that at the very least, your IP address has been identified as being responsible for the infringing of the act(s) identified."

Unless you are able to either (1) identify the person you claim is responsible for the infringement and arrange for that person or their parent (if under eighteen) to send us the signed undertakings together with the payment requested or, alternatively, (2) sign and return to us the undertakings together with the payment requested within the next seven days, we shall have no alternative but to commence proceedings against you without further notice.

In relation to payment our client is on this occasion prepared to accept payment in installments by the way of a maximum of six post dated cheques payable to Daveport Lyons which must all be provided simultaneously, dated as follows:

1. 1 April, 1 May, 1 June, 1 July and 1 August 2007 for £50: and

2. A final cheque dated 1 September 2007 for £57.38

Once we have received the signed undertakings together with the cheques referred to above in settlement of this matter, our client will take no further action against you. In the meantime we expressly reserve our client's rights."

The letter above is in reply to this letter, quoted below, which we wrote as a response to the original letter of two weeks ago.

"I got a letter from you today asking for me to sign some kind of legal statement and make a payment of £325.00 for what seems to be a game that I have supposed to have downloaded from the Internet.

I myself do not use the Internet for downloading games, in fact all I do on the Internet is competitions and would have no idea how to download anything.



Other people in my house do use the Internet including my nine year old child , as well as people who look after my house when I am away, therefore I have no idea who is responsible for this, if what you say is correct.



I have had a look at my sons playstation games and cannot find this game, therefore I am unable to dispose of the game as we do not seem to have it.



I find this letter very distressing that you seem to be accusing me of breaking the law and being disabled, with many health problems I have very little money and cannot possibly pay such a large sum of money.



Therefore all I can do is make sure that when we are not at home that I ensure that nobody can use our Internet and I will ask a friend who knows about computers to ensure that nobody is able to download things off the Internet.



Therefore I ask that you ask you clients if they can take in account what I have said in this letter and that your client may consider under the circumstances not to take this further."



Tosh

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