Re: Letter of claim - p2p
- From: dotpixel <dotpixel.2p5apm@xxxxxxxxxxxxxxxxx>
- Date: Mon, 16 Apr 2007 16:38:32 +0100
The Todal Wrote:
If the only expert's report that you have seen is the one from that
Swiss
man explaining his method but not specifically mentioning your computer
(other than by referring to it on a list of IP addresses) then you can
and
should tell them that you *still* await a CPR-compliant expert's report
and
that you reserve the right to claim costs from them.
It is quite futile to reply to them by saying that you are consulting
the
CIB. All they want to know is whether your cheque is on its way.
Presumably
you won't be paying because you did not have the software on your
computer
to upload. Don't be intimidated by any deadlines or threats.
The Todal, sorry to drop it on you, but you seem to have good legal
experience. Are you able to help people / represent a number of people
on this case? I was trying to get a number of individuals to get
together and contribute to paying for legal assistance. I am myself
willing to pay more than 350 - I would say 700 (possibly even more) -
not to Davenport Lyons, but to get some legal advice to write a well
articulated, strong response letter. I'm convinced other people will be
willing to contribute however much they think is appropriate and that
they can afford. I have contacted a legal firm, however, the charge-out
rates are quite high if you consider anything beyond simply examining
the paperwork, not to mention putting a response together, and they
weren't willing to commit to say there would be cost savings for
protecting a group of people in this case (essentially they said each
case is different and each line of defence needs to be considered
individually). I tend to think that a group front against DL would be
the most effective, putting counter-arguments to their core claims.
The way I see it, the major issue at hand here (which applies to *all*
of the innocent people) is this:
DL admit it *could* be somebody else using your network - yet they
claim you are still liable to your internet security and therefore to
their client. Since I'm not aware of (and would be surprised if there
is) any legal grounds to base this claim on - this is the biggest issue
at hand here. If a precedent is set that it IS your responsibility -
it's the end of consumer internet access the way we know it. Who would
want to take a chance when a virus or a hacker might start attacking
HSBC from their internet connection, and YOU would be liable for
damages to them...
I am not a legal expert, so may be completely off mark here though.
Maybe legally there are better points to argue.
Whichever is the case - the only way out of it for everybody is in my
view to get one person/firm to represent us. Todal - can you help?
Maybe just by suggesting somebody who might be able to do so. I'm not
asking for charity. I am (and hopefully others are) willing to pay for
it. Perhaps not much in the legal world, but at least something.
Please PM / email me to dotpixeldot (at) (the google email) if you're
able to help or contribute. I don't need names or anything at this
stage. It would be useful to know however much you can/ are willing to
contribute - either by giving money, or by offering legal advice.
The Todal - you've already been providing much support and I feel it's
a bit unfair to ask this of you, but I can't think of any better way.
--
dotpixel
.
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