Davenport Lyons are suing a single mum of two for £565 that she just 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

Your son claims he didn't know it was illegal, but face facts, that's BS.  He knew he had to pay for it in a store, so downloading it without paying is obviously illegal.  Trying to claim against them for trauma is like claiming that your son was traumatized when he was arrested for shoplifting.  He stole and got caught.  That's what happens.  Consider yourself lucky - you could have been fined much more money.  This is actually the minimum fine.

See if you can work out a payment schedule, then have your son get a part time job and pay the fine or reimburse you.  Consider it a learning experience for both of you - you need to monitor your children's internet activities and they need to learn that stealing doesn't pay.

Answer 2

I am afraid you can't claim against them , they haven't broken the law, your son has.

You say they have issued proceedings, so the better idea would be to negotiate a settlement.

Your son's claim that he didn't know he was doing anything illegal is no defence in law, even if it is hard to believe.

So that he doesn't make the same mistake again, perhaps you could teach him that taking things without paying is called theft and is against the law.

Answer 3

I dont know what u cann do, but i do empathise with you. Good luck, single mums deserve it.

Answer 4

I sympathise but I do think this is only the beginning. In the UK a woman is being sued for Thousands for putting a game on a server for distribution. Downloading and uploading games music et al is illegal. Granted your son may not have known but the lawyers will argue that you should have and you are responsible for him. Many ISPs are now sending out letters telling people that they may be breaking the law by down loading whatever. The follow up to this is intended to be banning them from the web. They do not need the money in this case but they argue they are losing millions to software and music theft. All I can say is good luck my dear.

Answer 5

What a bunch of jerk offs!  You had best consult a lawyer,

good luck-- I am very sorry you are being targeted with this crock of bull!

Answer 6

You say "Allegedly, my 13-year-old son downloaded a game illegally"

Then you go on to say, "He didn't install the game and never played it, so he derived no benefit from it."

So he didn't "allegedly" he did actually, you admit it.

What does the fact that you are a single mother have anything to do with it???

Your son stole what didn't belong to him no way is that a genuine mistake.

The very best you can do is try to settle out of court.