Re: Letter of claim - p2p

On 26 Mar, 09:35, nud...@xxxxxxxxx wrote:
On Mar 25, 8:03 pm, dotpixel <dotpixel.2o0...@xxxxxxxxxxxxxxxxx>
wrote:





I don't appear to be innocent
and so I'll do as they request, it's quite simple.

What if they requested 3500? or 35000? will you then decide you're
innocent? Why do you think 350 is acceptable and not 30?

What if the next letter following your "thank you for paying" one fromDavenportwill be "actually, we also noted that you downloaded X and Y,
now pay us 5000. We know you downloaded one game already so don't mess
with us" ??

Also why do you assume that the evidence they have - even if in your
case you believe to be true - will actually stand in court? (that is,
without your confession - otherwise it's easy)

Wouldn't you rather ask them for the evidence first, go and talk to
your CAB, check out your rights and get some legal advice before you
simply agree to THEIR terms.

--
dotpixel

I have been following this thread with some incredulity.

It is my firm belief, that Davenport Lyons are trying it on. They are
saying that YOU downloaded the software, as they say that they have a
log of your IP address.

But they cannot prove that it was you who downloaded (or even
uploaded) the software in question.

The burden of proof lies with Davenport Lyons.

For all you know they could have harvested your IP address for this
little scam, or someone could have piggybacked your network. You don't
have prove either claim, but Davenport Lyons will have to show that
these cases didn't happen.

I would really take the advice given to you by such people as Todal,
as your paying this £350.00 is an admission of guilt. Then there is
nothing to stop Davenport Lyons coming back to you with further
claims.

Do yourself a favour, don't roll over to their demands, go to your
local CAB. I'll bet a pound to a penny they will have a file as thick
as a telephone directory on this.



I suppose the only reason I've been so ready to accept their demands
is because they didn't ask for £3500. Probably that is their reasoning
also.

I wouldn't pay them even if it was £3.50. If you want to hand them
over your meagre savings, then fine, but don't be surprised if they
come back with further claims.

The £350 makes things go away quickly (hopefully to never
return).

That is rather a forlorn hope, I'm afraid. Once you've admitted guilt,
then they will never be off your back.

My decisions are simply based on getting it over with in the
shortest time possible. The uncertainty of what may happen in court is
something I'd rather avoid

But you will replace that uncertainty, with the uncertainty of them
coming back with further "evidence" that you have downloaded, and
uploaded other titles belonging to their clients. And since you will
have admitted to your "crime" the first time around, you will
strengthen their subsequent claims against you.

- it is the not knowing what the outcome
would be that I don't like. I'm not much of a risk taker.

But your taking a risk that paying them will get them off you back.
But as I keep repeating, once you've admitted liability in the first
instance, they will keep coming back for more, believe you me.

If they did have such a solid case do you think that they would be
allowing you to just pay £350.00?

No, of course not! If they had such definitive proof that it was YOU
that had violated their clients copyright, then you would have had a
court summons straight off.


The tone of their letter appears very confident - they sound as if
they already won any court case against me.

That's what they want you to think. But if they were that confident,
they would have issued a court summons against you, and taken you to
the cleaners.

They will have to prove that YOU have a copy of their clients software
on your hard drive, that you knowingly downloaded it, and shared it
with other parties. They will also have to prove that your wirleess
network is secure enough that no passing hacker could have piggybacked
your network access.

That will be difficult and expensive for them to do. With no guarantee
of sucess. Why do you think that they are giving you this option? They
are bullshitting, and they know it.

There is little I can
dispute with them as far as I can see.

Get yourself down to your local CAB, get them to write a letter to
these people on your behalf. They have lawyers working for them, and
they will tear through Davenport Lyons' claim.

Do it today, the worst that will happen is that once the claim is
challenged, is that they will have to provide you with definitive
proof that YOU, and not some unknown party breached their clients
copyright.

Once they have done that THEN pay the £350.00.


I appreciate everyone's advice so far. If it were not personally
affecting me then I would probably be offering the same advice.

I have had a similar claim made against me for a matter regarding the
downloading of films via Limewire. I went to the CAB, to get them to
challenge their position, the firm backed off, and nothing was heard
of.


I will
perhaps look back on myself in a few months and view my current
actions as quite pathetic.

Well I sincerely hope you don't live to regret your action. But I'm
afraid you will just be storing up more trouble for yourself by
admitting your guilt.

Good luck.

Mark


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