Being Sued by Atari/Davenport !

Liamb2005 said:
so fini, your saying that basically im not liable for this under section 28a then ?

how will that stand in court ? because despite claiming im not responsbile in my last letter davenport actually said that this alone is a breach of my isp contract and that i should have my router secured ??
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if you have breached your ISP contract then that has nothing to do with Davenport Lyons as they are not acting on behalf of your isp so basically it means nothing

just ignore them unless they send a summons to court, then you can prepare a defence

until then dont try and defend yourself
 
Liamb2005 said:
what i wanna know really is, do i take responsiblilty for someone in the house or someone using my router without permission to have done what they claimed and is it worth paying the £505 and having it over and done with
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No, the CDPA doesn't create any concept of responsibility for the actions of users you have control of (except in the case of hosting and even then there's procedures behind it).

or do i risk calling there bluff and having them take me to court where im going to have to pay a solictor to defend me, possibly pay court bills and thousands more on something simply due to not understanding my router ?
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You'll win and they'll pay court/legal fees. You can represent yourself if you like, although copyright law can get rather technical.

EDIT: JBuk is speaking the truth and good advice. Until they give you a summons there's no difference between their letter and a tramp turning up at your door begging for money. Both are equally repugnant - although you should at least feel sympathetic for the tramp. If you're really keen on doing something though you could request all information they have on you under the Data Protection Act.

Nothing in this post is intended nor given as legal advice. No warranty nor indemnity is given as to the accuracy, suitability or any other facet of this post. By reading this post you agree that I shall not be liable for any and all direct and indirect losses including but not limited to damages and loss of profits as a result of this post. This post is given purely for novelty value and I in no way recommend that anything in it is taken as any sort of advice or acted upon as if it were. In any legal matter I suggest that you seek adequate legal advice.
 
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Spot the lawyer :p Quite interesting that s28A applies to individuals as well as companies, though! I know IANAL but I'd agree that the whole "breach of your ISP's terms" is a bluff. If they're that desperate, they're obviously feeling on weak ground. What happens between your ISP and yourself is your business and nobody elses. If Davenport are so desperate they need to try to coerce you by saying you've breached your ISP's T&Cs I'd not be worrying ;)
 
do you think its worth pointing out this s28a so they know i know a bit about the law ? then maybe say "ill see you in court" because after all most people say that they back off when they realise your prepared to goto court.

im just wondering if i ignore it it now they may just persist and send me a court summons assuming ive backed down ?
 
Liamb2005 said:
do you think its worth pointing out this s28a so they know i know a bit about the law ? then maybe say "ill see you in court" because after all most people say that they back off when they realise your prepared to goto court.

im just wondering if i ignore it it now they may just persist and send me a court summons assuming ive backed down ?
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Request everything they have under the DPA, as soon as they see you are willing to put up a fight they'll back down. And it may help your defence as well, should it come to that.

Burnsy
 
jamoor said:
I have never understood why they don't sue GAME, they must be costing companies millions.

Adam goes and buys Sonic made by Sega for £20. Sega in this case makes £20 and Adam has had enjoyment of the game.
Adam gets bored so trades Sonic back to game for a different one.
Bill goes and buys adams copy of Sonic from Game, Sega makes no money. Adam and Bill have enjoyed from the game.
Bill trades it back to game, and Fred buys it.
Adam, Bill and Fred have enjoyed the game and Sega have only made £20 as opposed to £60 because three people have enjoyed it.
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You don't go to the dealer every time to buy a car do you ? Cars get sold on, and the dealer makes nothing of the 2nd-last owners...

Same thing happens with games, nobody can ever forbid selling 2nd hand goods.
 
Burnsy2023 said:
Request everything they have under the DPA, as soon as they see you are willing to put up a fight they'll back down. And it may help your defence as well, should it come to that.

Burnsy
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i did actually ask for all evidence under me in my previous letter to which they replied this:

"Where the letter of claim has identified more than one instance in order to establish a claim. We beleive we have provided you with all the evidence we are required to under the Pre-Action Protocol. Any further evidence required by you will be made available as part of any legal proceedings, should it be necessary to issue them."
 
Liamb2005 said:
i did actually ask for all evidence under me in my previous letter to which they replied this:

"Where the letter of claim has identified more than one instance in order to establish a claim. We beleive we have provided you with all the evidence we are required to under the Pre-Action Protocol. Any further evidence required by you will be made available as part of any legal proceedings, should it be necessary to issue them."
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Don't ask for the evidence, ask what personal information they have related to you under a DPA request.

Burnsy
 
ok maybe ill try it

and im going to seek legal advice on monday morning as well...

ill keep the forum updated of any reports....hopefully might help others whoa re being bullied by this company.
 
Liamb2005 said:
no i just dont beleive in the whole, "ignore it and it'll go away"

And with my luck they'll probably take me to court :(
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if you persist in engaging with them then they are more likely to take more interest in you


seriously ,until a day comes that you receive a summons then ignore them
if you insist on prodding them they may just bite you
 
JBuk said:
if you persist in engaging with them then they are more likely to take more interest in you


seriously ,until a day comes that you receive a summons then ignore them
if you insist on prodding them they may just bite you
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I don't think that'll be the case, if anything showing an interest will make them drop the claim as they know they're on rocky ground to start with. History has shown that they prey on people they know won't defend themselves.

Burnsy
 
yeah this is it isnt it, do i ignore them cos they may also hope that im gonna ignore the court summons as well, or do i write a letter back saying im prepared to goto court and defend myself to which they may back down!!??

:(
 
fini said:
**Snip lots of stuff.**

Nothing in this post is intended nor given as legal advice. No warranty nor indemnity is given as to the accuracy, suitability or any other facet of this post. By reading this post you agree that I shall not be liable for any and all direct and indirect losses including but not limited to damages and loss of profits as a result of this post. This post is given purely for novelty value and I in no way recommend that anything in it is taken as any sort of advice or acted upon as if it were. In any legal matter I suggest that you seek adequate legal advice.
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Speaking of legally pointless. You kinda need to put that at the top of the post before someone reads it, you can't let someone read something on a forum and then introduce a phrase like "by reading (having already read!) this post you agree..." when they've already read it. Doesn't really give them much choice as to if they agree to your terms or not really does it. Apart from which as a private forum owned and operated by a company I’m not sure you'd be in any position to put any conditions on your post not already part of OCUKs specific forums terms and conditions. We can't all go round putting our own conditions or disclaimers on every post, can I specify who I'm allowing to read this post or not? How about if someone writes something hugely offensive or defamatory and then adds a line at the end saying "by reading this post you agree not to be offended or hold me responsible in anyway"? Bit late then really isn't it. ;)

Sure, say it's opinion, don't take this as legal advice, which of course is perfectly reasonable. Just don't tell me (or the OP) we agreed to something after we've already read it and have no option.

There's some great advice on where to look for stuff in this thread but really, anyone effected needs to take their own counsel and get genuine legal advice. No one here is going to cough up to pay you costs if you take their advice and lose.

By the way, by reading this post you agree to pay me £5000 for my advice, should have stopped reading earlier shouldn't you... Com’on, pay up! :D :D
 
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Liamb2005 said:
yeah this is it isnt it, do i ignore them cos they may also hope that im gonna ignore the court summons as well, or do i write a letter back saying im prepared to goto court and defend myself to which they may back down!!??

:(
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or you could just ignore them and if a summons arrives then so be it (unlikely to happen imo)

if you really feel the need to play with them then just dont send any letters with anything incriminating
 
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