Davenport Lyons are suing a single mother of two on benefits for £565 that she simply doesn't have...?

Question

Davenport Lyons have issued proceedings against me. Allegedly, my 13-year-old son downloaded a game illegally. I have spoken to him, he didn't know he was doing anything illegal. He didn't install the game and never played it, so he derived no benefit from it. Davenport Lyons are claiming £565 from me. I'm a single mum with two children, now 14 and 4, struggling on benefits. There are no childminders to collect my daughter from school so my employment possibilities are limited. Why do Atari and Davenport Lyons need £565 more than I do? Is this how our legal system is organised? To allow predatory lawyers to trawl through records to persecute a child for a genuine mistake? Can I claim against them for the trauma this has caused to my family, which is genuine, profound, ongoing and likely to be of lengthy duration?

9 minutes ago

Answer 1

yes, publicise this to the hilt. firstly, they are prosecuting you for what exactly, are they suggesting it was you that downloaded the game? and if so, what proof do they have,,, oh, thats right, that you own the computer that the game was downloaded to. so, if they prosecute you, and you were not the perpetrator of the 'crime' then you would be expected to lose your 'right to silence' by implicating your son in the 'crime'.

secondly, the point you make is valid, that in order for your son to download something (this is where i fall down as i dont know the procedures involved in techie stuff), they will have, as you say, done business with a child, thats their problem isnt it??

thirdly, the cost involved to the tax payer (because as you are on benefits, you will be entitled to legal aid) to enable you to defend yourself in what would be an intricate and lengthy battle, where is the 'public interest in this'.

see if you can put in a counter claim of harrassment, anything really to show them that you are not going to play ball and back down.  yes i agree that illegal downloading is something that those producers or companies need to deal with, in what ever way they will do so, but firstly they have a duty to ensure that their information or games are not downloadable without paying for them first and secondly common sense should dictate that someone like your son, or like me for instance, who knows nothing about what they are doing around the internet, should be given a strict telling off or stern letter, rather than some high falluting court case, ridiculous

Answer 2

If you contact the news desks of tv,s and phone the newspapers you can make a lot more than £565 in fact add 3x0,s

Answer 3

Ask the company what proof they have that the game was downloaded.  The onus is on them.  Also explain that you have no assets so they are unlikely to waste resources suing what lawyers call "a man of straw"

The defence that the game was not played is not relevant.  Its like saying a shirt that was shoplifted has not been worn so no crime has been committed.

Meanwhile, explain to your son about "property rights" so he avoids this problem in the future.  Some things are free, some you have to pay for. Don't get the two mixed up.

  

Answer 4

I don`t understand why this company is taking action against you.  The only reason is maybe to make an example of you to deter other people from downloading stuff from the internet.  Go to the Citizens Advice Bureau and get them to help you.  You should get help with your legal expenses.  

But all I can suggest is to get some good legal advice as soon as possible.

I hope all turns out well for you.

Answer 5

Recently a London woman was taken to court for downloading a pinball game.

With Fines & Costs & Damages her total bill came to over £16,000 ...so think your self lucky.

I have searched for this story , but am unable to locate it.

Answer 6

this is a scare tactic designed to extract money from the vulnerable, ignore this and get legal advice immediately.

Answer 7

First question to ask is why are they entering into a contract with a minor.

Is this the way they wish to be seen doing business.

Write to the BBC, they are probably going to film an extension of Watch Dog.

Publish this in as many press outlets as you can, including Day Time News/ Current Events programmes.

Certainly go to the CAB.

You have plenty to fight back with.

You could write to your M.P. this is ammunition they need to put these sort of companies in a cage.

Answer 8

As your son didnt install or play the game i agree that you would have a good chance of winning especially as this bunch of obvious ambulance chasers would not wish to be shown for what they are. Secondly they are unlikely to get more than a token payment from you per week even in the unlikely event they won. Lastly to bring a case like this is likely to cost far more than they could ever hope to win. They are trying to frighten you and could almost be accused of extortion Tell them that you are one single parent that has no intention of falling for their scare tactics and that they can go to h**l.

Answer 9

I doubt very much that you would be able to seek damages from them. The best thing you can do is find a solicitor who will arbitrate on your behalf with them.