Help neede legal advice

[Springal]

Well they need proof don't they ? Without it they have no case. The open Wireless connection is a good reason too as anybody can use your access.

Exactly, it is extremely difficult to prove an individual is filesharing under current law

 

[Ernest]

Ignore it, the time to panic is when something official drops on the mat

 

[BIRCHYBOY27]

Spoke to one of my friends who is a solicitor she is going to do my a letter and send back to them I will tell her about the open wireless thing.

 

[Springal]

Spoke to one of my friends who is a solicitor she is going to do my a letter and send back to them I will tell her about the open wireless thing.

Honestly, I would not even get into dialogue with them. They are just looking for people to pay up, nothing will happen if you do not respond

 

[Ernest]

Honestly, I would not even get into dialogue with them. They are just looking for people to pay up, nothing will happen if you do not respond

Exactly, wouldn't dignify it with a response and certainly wouldn't worry

 

[phoenix]

honestly, i would not even get into dialogue with them. They are just looking for people to pay up, nothing will happen if you do not respond

100% correct.

 

[clippedgull]

Enough mugs pay up to make their fishing trips worthwhile. Don't be one of those that get hooked!

 

[beorhthelm]

as i understand it, the best course of action is to acknowledge the letter, go along with it demanding full details of the information they have etc etc. if you ignore it, it doesnt go away. some advise has been above in links already.

its very very easy for someone to prove a download occured from IP x.x.x.x at T time. this is sufficient for them to sue you. it is very difficult/impossible for them to prove who was actually downloading. was it you, your partner, child (below age of responsibility), neighbour on your wireless?

problem is, thats for a court to decide and if they take it to court and you dont contest it, you *will* lose as they will have enough evidence to take it that far. as i gather, the tactic is to string it along with them enough until they get bored chasing you. (i believe one ting is to tell them you will charge for all correspndance and fees associated, it will soon become not worth it if the risk losing in court)

oh and "it didnt finish downloading " is NOT a defense and you might as well pay if you tell them that.

 

[blackprince]

Searching the web for Gallent Macmillan shows that in the last few days they have sent out similar letters to many people. It would appear from the posts that I read that in the main the alleged illegal download related to a Ministry of Sound track from around last December time. A number of the forums pointed people in the direction of this site which may be of help. Being Threatened?

 

[Tory Boy]

Spoke to one of my friends who is a solicitor she is going to do my a letter and send back to them I will tell her about the open wireless thing.

Unwise to contact them.

TB

 

[Guy Fawkes]

Searching the web for Gallent Macmillan shows that in the last few days they have sent out similar letters to many people. It would appear from the posts that I read that in the main the alleged illegal download related to a Ministry of Sound track from around last December time. A number of the forums pointed people in the direction of this site which may be of help. Being Threatened?

Just had a quick look at the site linked above and it looks like it contains some very good advise for someone in your position including:

Should I even reply to the letter?
Yes. Under section 4.1 of the pre-action protocol, you should respond as soon as is reasonably possible, within the given time limit.


How should I reply to their letters?
There is a template letter available on this site. We'll get to that in step 3. Feel free to use it and edit it how you please.

It looks like a very good letter of denial in section 3 to send back to them and hopefully stop them persuing you further

good luck

 

[matthew]

Do nothing it's probably a scam and if it's not they can't prove it as you didn't even finish downloading it! If they can prove it though the wireless plan sounds like a good idea.

 

[public school boy]

google them and read gallant mcmillan latest entrants into the hall of infamy demand.

 

[Spearritt of the Albion]

Take a look here as well -

Gallant MacMillan “Latest entrants into the hall of Infamy� demand Money for “Ministry of Sound� Received a letter from ACS LAW?

and here -

Details of request 'Complaints received regarding Gallant Macmillan LLP (SRA No. 443499)' - WhatDoTheyKnow

The latter is a Freedom Of Information request which appears to have been issued today (click on the link to see the request)

 

[Stat Brother]

Well done fellas, it's why NSC is always my first point on call.
I wouldn't have a scooby what to do, but a day on here and answers/links come flying in.

Ok so the advise might be bollox, and Birchboy could end up doing 15 to life, but we sure do talk a good fight.

 

[crossleyp]

Hi all, I have also received a letter stating that they want £375 as I downloaded a ministry of sound album on the 7th December 2009. I have 21 days to respond and am in two minds as to whether reply or ignore the letter and wait to see if anything else comes and then respond denying that I received any initial letter. Any further help would be grateful.

 

[Robot Chicken]

Erm, check the whole thread ABOVE, mate. It's pretty similar to your situation, you know.

 

[Herr Tubthumper]

Hi, this has popped up in the press this weekend. Both solicitors mentioned in this thread are also mentioned in this Guardian article

File sharers targeted with legal action over music downloads | Money | The Guardian

The up-shot is that unless you admit to downloading the alleged file, or they get a court order to seize your computer and find it on your hard drive, it is unlikely they can do anything.

Just ignore the letter.

 

[crossleyp]

Replied to Grant Macmillan with my LOD and unbelievably they have replied that they will not recognise this as it's a template, through the link in this thread although I did alter it slightly to meet my needs. There is a lot of good advise on the link below

ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...

 

[Lush]

Replied to Grant Macmillan with my LOD and unbelievably they have replied that they will not recognise this as it's a template, through the link in this thread although I did alter it slightly to meet my needs. There is a lot of good advise on the link below

ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...

What? And the letter they wrote to you wasn't?