Is this what our laws are created for? Or is this just predatory?

Question

Davenport Lyons are threatening to issue 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?

http://techdirt.com/articles/20080825/23...

http://www.eurogamer.net/forum_thread_po...

http://www.slyck.com/forums/viewtopic.ph...

http://www.slyck.com/forums/viewtopic.ph...

http://www.slyck.com/forums/viewtopic.ph...

http://technology.timesonline.co.uk/to

Answer 1

I too like the pipe bomb solution

Answer 2

They are trying their luck.

If everyone just turned around & said NO they would not be able to prosecute every single person.

They have managed to get one or two gullible people to pay up and are now going for it in a big way withe aim being to make sure people believe they mean business.

If they get 20% of people to pay up they have made enough to pay their bill basically.

Answer 3

Well said Joan K

Answer 4

I'm not familiar with the "benefit" requirements in your country; but, a couple of things stand out to me.  If you are receiving "benefits" and, presumably, home with your children 1) why do they have access to the internet (who pays for THAT?) and 2) why are you not able to monitor them?.  If you really believe that a 13/14 year old child didn't know what he was doing on the internet and it is an honest mistake on his part, then, my friend, you are living in a dream world.

Answer 5

What Joan K said is right,how many times do you have to post this question,what your child done was illegal and you know it is so.

Answer 6

I don't know if you've read this forum about it which might be some help, although people are saying different things:

http://www.cableforum.co.uk/board/25/336...

I've had a quick look at it and it looks as though it may be the file sharing which is illegal, not downloading for personal use, after all if there wasn't a free download your son wouldn't have been able to do it.

I got help from my local trading standards office once about a credit card and something dodgy on the internet, but it was the UK credit card company they dealt with, so I don't know if they would help with something just about the internet, but there might not be any harm in asking them.  You could also try the Citizen's Advice bureau.

Sorry not to be able to be more helpful, it sounds a dreadful situation and you have every right to be concerned, best of luck in getting it sorted.

Answer 7

I am sorry and I don't wish to be unkind, but you have asked the same question on basically every section of Yahoo and it's getting a bit boring. What your Son did was illegal and that's the top and bottom of the situation. If you don't agree to settle out of Court no matter how wrong it seems to you then you could end up with a bill of thousands of pounds. This is what can happen when children are left alone with pcs and no supervision. See a solicitor by all means, but I don't think you will get very far.

Answer 8

mail them a pipe bomb