I'm being sued for downloading!!!, page 1
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ATS Members have flagged this thread 8 times


reply posted on 30-7-2008 @ 06:09 AM by absente
It would be good for a start to tell us IF you DID download this game?



reply posted on 30-7-2008 @ 06:27 AM by ThreeDeuce
There are several loopholes that you can use to get around this, or at least try.

1) many files are mislabeled. You can say that you were attempting to download something about racing, like Nascar, and their game was an unfortunate accidental download. You deleted the game, and never even installed it, since it wasn't what you were looking for. It's just like downloading something, then realizing it is porn, but mislabeled to get you to download it.

2) This was labeled a "demo" version. When you saw that it was a full version, you realize that you had been duped. Then you deleted it.

3) They can't prove it was you at the computer. Your 10 year old nephew could have downloaded it. Which means they can't sue you, because they can't prove it was you that did it. It is like the photographed speeding tickets, in which they use to only photograph the license plate. People would say that others were borrowing their car. Since this couldn't be proven one way or another the tickets had to be dismissed. So, they had to start taking pics of the driver and the license plate. They can't PROVE that YOU downloaded anything.

4) You were using Limewire, and you got a virus that downloaded and uploaded files at random without your knowledge. These viruses exist, you just have to say that you did a full format and now your computer is fine. Their stupid race game was downloaded automatically by a virus, Not your fault.

5) Back when Limewire first started, there were many scammers who offered Free downloads of music and games for a price. You'd pay the fee, and they'd give you a download to Limewire, which is where they said all of the files were at for free. I joined one of these (for 10 bucks), knowing it was a scam. But, this is defense for me if I ever get a suit like you are in. I PAID for these services, lol.

I wouldn't ignore this, as they can still prosecute you, and you can lose your ability to defend yourself.

If the letter is not certified, as someone previously said, then you never received it.

It sounds like this company is just attempting to make extra profits this way, which is pretty slimy....

Good Luck


reply posted on 30-7-2008 @ 06:42 AM by Psychopump
reply to post by ThreeDeuce



EXCELLENT ADVICE!
A star for you!

I have mentally made a note of these methods, in case I ever need them.


reply posted on 30-7-2008 @ 06:43 AM by Karlhungis
reply to post by full997



If you emailed them admitting guilt, I doubt they will have sympathy for your medical conditions. You may have just sealed your own fate there.


reply posted on 30-7-2008 @ 06:52 AM by asala
I see your location is England, the advise i can give you if that the case on the money side of things and that you are on benifits is to contact your local Citizens Advice www.citizensadvice.org.uk...

They will help you, If you are on Benifits they cant make you pay upfront,

The CA team will help you leagaly and help you write letters expaining your situation,

If anything they will be able to have the cost spread over time so you are not to affected by the payment, Its worked out on how much you need to live on ect and other costs, Even if its £1 week they can pretty much sort that out for you,


I really suggest you get in contact with them ASAP and explain the situation, There really good.. I have had help in the past with freezing interest on payments that i could not sort out,


reply posted on 30-7-2008 @ 06:54 AM by Willbert
Originally posted by full997
Thanks for the replies.

The letter included all sorts of information like my isp, ip address and other information.
The letter was from a real law firm called davenportlyons (i have been to their website to check it out) and it also contained some very official looking photocopied documents from my isp (sky) and a form they want me to sign saying wont download the software again and that i will pay £515.

Many times i cannot leave my house or if i can then i have to drink a lot of alcohol very soon after leaving home.
I have little money and even cheap games are to expensive for me to afford not that i can easily leave the house ot buy them anyway.

I have emailed the law firm stating my position and medical status, i'll just have to wait and see what they say.


Its not a court order.. nor is it a fine. They are asking you to stop and pay them for their services. Don't sign the letter as it only confirms your acceptance of fault and confirmation that you will pay them money which is no a fine.

Ignore the letter.. let them take you to court.. Delete the file you downloaded and "if" they take you to court.. just inform them that the file was deleted as it was the file you were not looking for.

Law firms have this knack to play word games.. they cannot speak on behalf of the law. They can interpret it and attempt you to pay them for informing you of your mistake.. thats all this is.


[edit on 30-7-2008 by Willbert]
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