Davenport Lyons have issued this claim against me...?

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?

They have tried this money-making operation before until the country got sick of it, apparently:

http://torrentfreak.com/youre-caught-dow...

To add insult to injury, if I settle out of court and pay the minimum £10 a month they are prepared to accept, the total amount repayable is £656.00. In addition to this, I have to answer a detailed questionnaire and provide them with a statement of means to prove that I cannot afford their original, and in my opinion, extortionate, claim.

I felt that this should be brought to the attention of the public, don't you agree?

Answer 1

I would advise you to get professional help in fighting this threat of court action. You can obtain free professional advice through the community legal advice service, alternately The Citizens Advice Bureau service 'helps people resolve their legal, money and other problems by providing free, independent and confidential advice' I would advise approaching either or both of them to help you in this circumstance. As you are on benefits you may be able to access free legal aid services also.

Regarding your childcare problems, you can obtain free advice and help with identifying suitable childcare via Childcarelink, which can direct you to local support networks for mums in a similar position to yourself.

Best wishes with resolving your legal problem.

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Answer 2

I don't think its reasonable for Atari and Davenport Lyons to be asking for this amount of money from you, especially when you say your son never actually installed and played the game. In fairness, how has a breach been made when the game was never used?

Thats a point others would see, and I don't think they'd be successful against you

Answer 3

Not fully sure of the law but this game obviously does not cost that amount of money if you buy it in a shop or download it legally. Do they tell you what the £565 is made up of.

If the bulk of it is costs that they have added to the price of the game, then go to court. In small claims court the court now works on the basis that each party pays their own costs. For one party to get costs they would have to be really convincing. The judge will be sympathetic towards you. The court will want a statement of your affairs and determine how much you should pay. I believe that the court does not allow interest to be added.