I was sent a letter by ACS Law as the internet connection holder and I paid the fine on my sons behalf. My Son admitted to doing it - he will not get pocket money for the next 6 months now. Best thing to do is to block file sharing websites on the router to prevent this from happening.
ACS:Law to 'account for their actions' to SRA on letters sent to alleged illegal file-sharers
There is no quick conclusion in sight for internet users receiving letters from ACS:Law claiming they are illegal file sharers, and in some cases demanding financial settlements. However, a similar case brought to the Solicitors Regulation Authority (SRA) is said to be nearing conclusion; and could give some indication on how the ACS:Law situation may unfold.
A broadband Genie visitor sent us an email they had received from Antony Townsend, chief executive of the SRA, this week. It read: "I understand your continuing concerns, and I would like to reassure you that we are treating this case as a high priority, requiring ACS:Law to account for their actions in relation to their pursuit of the claims and robustly discussing any concerns raised with the firm.
"We appreciate the impact that receiving letters from ACS:Law is having on individuals, and the need to bring this matter to a conclusion as soon as we are able. However, we have to undertake a thorough investigation to ensure the right outcome in the public interest: I am sorry I cannot give you a firm time scale for the conclusion of the investigation. We continue to advise individuals to seek legal advice if they complain to us."
The lack of time scale is obviously going to frustrate, but recipients of ACS:Law letters should at least thank their lucky stars they didn't get one from Davenport Lyons. Which? complained about that particular law firm employing a similar letter-sending tactic back in December 2008 and the SRA is still working on the matter.
On the bright side, a SRA spokesperson said today that while the Davenport Lyons case had taken "longer than hoped", it should soon be resolved one way or the other. We were informed that the report had been finished (or very close to) and would soon be considered by adjudicators. If the adjudicators establish fault on behalf of Davenport Lyons, the SRA will either reprimand the solicitors involved (in lesser cases) or send the case for a court tribunal (in serious cases). If the case went to tribunal, the solicitors could face being struck off.
However, the spokesperson pointed out that the style of letter send out by ACS:Law was less "stiff" (Which? accused Davenport Lyons of "bullying" behaviour) than the ones complained about by Which?, so direct comparisons would not be possible - each case will be handled completely on its own merits.
What makes these situations worse for consumers is that, while these investigations are ongoing, the solicitors in question are free to continue sending these letters out. No matter how many complaints, wrong doing will have to be established and accepted before they could be forced to stop sending them. This means that many people - possibly innocent anyway, let alone the legal status of the letters themselves - may pay monies they might not have to in the long run, simply out of fear or not following the stories in the news.
Of course, the SRA may still conclude that the solicitors are within their rights to send such letters, but in my opinion this seems unlikely. Let's just hope the ACS:Law case doesn't drag out as long as the Davenport Lyons one, but if it takes time to make sure this situation doesn't arise again, it will be time well spent. Nobody wants to see illegal file-sharers let off the hook, but this letter sending approach bypasses a court of law, which can't be a good way forward.
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Comments
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It's too bad the people getting these letters couldn't find a way to suspend any actions, pending the outcome of the SRA proceedings. And, if there was any justice in the system, the letter campaigns themselves would be suspended until a judgement on the legality of it all was made.
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@DBradford - You should not have paid anything.
These letters have no legal basis and your money will only go to the lawyers.
The SRA must taken action now to strike off these abusive companies such as ACS:Law...
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Dbradford...Why oh why did you pay up ?. Its not a 'fine', fines are given out by the courts. ACS have no more legal power to make you pay than I have, if I asked you for £500, would you pay me ?
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Editor - Chris MarlingAs the SRA says above, it encourages individuals to seek legal advice if they complain to the SRA. I would guess that, if under investigation by the SRA, you would have good grounds to defer payment until a decision had been made. However, I'm not a lawyer! If there are any lawyers out there who can put us straight on this point, please get in contact.
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@mike and @andy
I only paid because I didn't want the hassle of going to court. I know it is not a fine. If it progressed that far then we would get a fine from the court anyway, probably for more than the £400. My son admitted to doing it - so guilty as charged.
The other option is to lie, but the consequences of doing so are too high, even if it is unlikely that it would go to court. -
@DBradford
Hi there, I was just wondering how long did it take for them to get back to you after you sent off your payment and undertaking agreement? It all just seems a bit too unorganised for such an organised mass mailing.
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nobody is mentioning the third law firm involved- Tilly Bailey Irvine who have recently started sending out the same type of letters, generally accusing people of downloading adult films and asking for £700. I wrote to SRA with regard to mine- which has deeply upset me.
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I informed my ISP months ago & cancelled my DD, interim moved out of t property, but t ISP had not canceled my broadband, even though I was told it would get canccelled. T new tenants have received a threatin letter frm this bullies with my name asking for money! I haven't even been in t property for months! I will complain to t sra n lcs
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acs law are still at it i,ve got a letter demanding £295 to settle out of court and the matter won,t go any further something to do with a song evacuate the dancelfloor back in 2009 my daughter might have done it i know i did,nt but her boyfriend also got one from same firm demanding £395 to settle out of court
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Just had a letter today exactly the same as Dave's and so did quite a few people at my son's college, all the same song, day etc!! How can they all have done the same thing on the same day?? Really not sure what to do.
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ive had excaulty the same letter through do not know what is wrong with these people i will take them to court and win they have no evidence they have an ip address that is variable and no file to prove its on my system good luck
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ive had the same letter beenin touch with the crime investigation team also the sra which are ivestgating this company acs also been intouch with a solicitor im sending them no money at all just a letter asking for all the copies regarding this matter. nobody should send any payment to these people
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i have also recived a letter to say pay £295.00
they say i downloaded music
i have checked the ip address and guess what its not my pi address no one has used my pc only me so i no i havent done this and quess what i am deaf i couldnt hear a bomb go off so what use is music to me lol
im not paying nowt thats for sure -
I have also recieved one of these letters dated the 7th july asking for payment of £295 and to be paid within 3 weeks, and for the same song Evacuate the dancefloor the Works, Wot do we do ?? Do we pa or ask for further evidence ?? does anyone have any legal advice to advise us all ?
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ACS lawsuit against my 52 yr old Mum
My mother who is aged 52 has never downloaded in her life has received a letter from ACS solicitors.
Kind regards
(Extremely worried son of a very upset 52yr old lady who has never broken a law in her life) -
i recieved the same letter i did right back a letter of denial but have now recieved a second letter giving me 14 days to pay i aint paying them a penny ive been intouch with the SRA also with fraud invesigation team i will be sending them another letter of harrasment.
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Seriously, anyone who has received a letter needs to go to the site below and realise ACS Law has no evidence against you. Do not pay a single penny.
http://beingthreatened.yolasite.com/ -
I just got a letter accusing me of downloading porn. I have no opinion of porn other than that on the few occasions I ever saw one it just reminded me of open heart surgery. Luckily, I did some research before responding to ACS Law. Absolutely astonishing. I thought someone was pulling my leg. Would recommend visiting Being Threatened? http://beingthreatened.yolasite.com/portal.php
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my boyfriend has received a letter demanding £295 for downloading clubland 16 2009 what do we do Pay it ?? or not??
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@Jo:
Never pay any extortionary settlement demands from anyone, without at least first doing your homework on...
1) what you received
2) why you received it
3) who sent it
4) whether or not they have any right to make such demands
5) whether or not your "guilt" is something that can actually be proven
6) your rights
7) the story at play that got you involved in the first place.
As a few have already said, you need knowledge and advice before making any move on such a thing. Visiting BeingThreatened is certainly a good start. Google your brains out, when necessary - that helps, too. -
This whole situation is pathetic! They can not send out letters like this and expect people to pay! For those who have paid should claim their money back as they have no evidence of you downloading a product! Also, from a torrent site (which i was accused of downloading from) the down loader is not to blame its the up loader for sharing the product! What a pile of s**t! think of all the people they have upset with this letter! And now apparently, all the records they have gathered have leaked onto the internet leading to everyones details accessibly!
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Support these sites (see below) and their campaigns. There has been a massive failure of due process by Parliament. Are you surprised with what has been revealed of the corrupt influences of many among that group of MPs. They clearly cannot be trusted to enact laws that protect UK citizens at the end of a crisis ridden Parliament. (see 3. below). Pass on the information
1. http://www.zeropaid.com/news/87946/acslaw-threatens-more-than-150-innocent-people/
2. http://michael555x.wordpress.com/category/infosec-2/
3. http://www.zeropaid.com/news/91281/
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