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Official ACS:LAW/DL letter/legal threat discussion

For discussion of the threatened legal action surrounding the alleged filesharing of pornography, computer games and music. (Golden Eye Int LTD / GEIL / MIRCOM / TCYK)
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Welcome to this forum, should you have received a letter do not panic, read the threads and make a (hopefully more informed) decision on how you want to proceed.

To avoid repeating previous posts, please familiarise yourself with the following information before posting.

Summary site (BeingThreatened.com) and Chat (IRC) or Chat (WebClient)

Speculative invoicing and “pay up or else” schemes for copyright infringement - Citizen's Advice Bureau

Speculative Invoicing Handbook

I've received a letter, what should I do? and Davenport Lyons - What can we do as a group?

Re: Official ACS:LAW/DL letter/legal threat discussion

Postby concerned100 » Sat Nov 05, 2011 12:24 pm

Yes, that's what I was referring to when I posted the decision previously. Particularly:

'10. The Firm agrees it will not act in any way inconsistent with this agreement by, for example, denying the misconduct admitted in paragraph 5 above.'

Hall's comments seem a blatant attempt to say to any client or prospective client: well, the silly SRA criticised us but of course you know we were just doing what any client like you would want, so just ignore the SRA who have their own silly over the top rules.

Never mind that the SRA is the regulator who makes the rules! I suppose TBI is entitled to disagree with the SRA's interpretation of the rules, but that comment: 'the firm has never acted with any conscious or deliberate impropriety” seems to be a clear denial.

I think Hall is breaching the decision by effectively denying the misconduct. Surely the SRA reads Hall's stuff.
Last edited by concerned100 on Sat Nov 05, 2011 12:30 pm, edited 2 times in total.
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Mullard47 » Sat Nov 05, 2011 12:27 pm

concerned100 wrote:Yes, that's what I was referring to when I posted the decision previously. Particularly:

'10. The Firm agrees it will not act in any way inconsistent with this agreement by, for example, denying the misconduct admitted in paragraph 5 above.'

Hall's comments seem a blatant attempt to say to any client or prospective client: well, the silly SRA criticised us but of course you know we were just doing what any client like you would want, so just ignore the SRA who have their own silly over the top rules.

Never mind that the SRA is the regulator who makes the rules!

I think Hall is breaching the decision by effectively denying the misconduct. Surely the SRA reads Hall's stuff.


Is the infrastructure in place to raise this point with the SRA?
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Hickster » Sat Nov 05, 2011 12:47 pm

Mullard47 wrote:Is the infrastructure in place to raise this point with the SRA?


I have just sent my letter to them....

I did ask the SRA a simple question, are you investigating Tilley Bailey Irvine, however I spelt it "Tilly Baily Irvine" the SRA said "We have no record of Tilly Baily Irvine being investigated"....Hmmm, splitting hairs..


EDIT: http://www.sra.org.uk/consumers/problem ... report-sra

tHE ABOVE MAY HELP...
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby concerned100 » Sat Nov 05, 2011 1:20 pm

I suppose anyone can write to the SRA but it would probably be better for someone with a direct interest i.e. someone who had received a TBI letter or solicitors who had advised a recipient. I seem to recall that Ralli or some other firm was advising recipients.
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby concerned100 » Sat Nov 05, 2011 1:25 pm

Hickster wrote:
Mullard47 wrote:Is the infrastructure in place to raise this point with the SRA?


I have just sent my letter to them....

I did ask the SRA a simple question, are you investigating Tilley Bailey Irvine, however I spelt it "Tilly Baily Irvine" the SRA said "We have no record of Tilly Baily Irvine being investigated"....Hmmm, splitting hairs..


EDIT: http://www.sra.org.uk/consumers/problem ... report-sra

tHE ABOVE MAY HELP...


Unless they monitor TBI's comments (which they should, but perhaps don't) or somebody complains, they're probably not investigating, nor will they.
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Mullard47 » Sat Nov 05, 2011 4:19 pm

DukePPUk wrote:
Mullard47 wrote:The judgment where BT were granted permission to appeal may be found HERE.

In the meantime, does anyone have any information as to if, and if so when, the Initial Obligations Code will be made public, apart from the succession of excuses for the delay accompanied by "not long now" promises that have now been going on for months.

Thanks for the link, I didn't realise it was there; I knew I shouldn't have stopped my daily perusing of Baili's recent decisions list... Interesting that he rejected the appeal on the monitoring ground, but good to see he allowed all the others (noting that the Kenneth Parker J disagreed with the Commission on at least one of them - not a good sign).

According to James Firth, Ofcom now expect that the first warning letters won't be sent before summer 2013... so they're not in any rush. Assuming no complains are made, the Costs Order should be returning from the EU next week, so we can probably expect that to be snuck through (again) while no one is looking; but there doesn't seem to be any indication of when the IOC will appear. Although my understanding was that DCMS had a "final" version back in May, but it's possible it was sent back to Ofcom due to DCMS not being happy with it (or to take preventative action based on the arguments raised by BT and TalkTalk in the DeaJR). It seems that the entire situation is one huge mess (which isn't all that surprising as the DEA wasn't really high on the current government's plans, and you have conflicting opinions on the matter coming from DBIS and DCMS, and then the web-blocking and phone-hacking stuff taking priority), so ... allowing for 6 months warm-up time and maybe 6 months for the notification, we could be looking at next summer for the IOC to appear.

They may also be waiting to see what happens with the DeaJR appeal and the Newzbin2 block (interesting to see that BT is only fighting the first of these; i.e. the one that will actually cost it money).


Actually, the matter was referred to in the House of Lords on November 3rd 2011 where Baroness Rawlings, Government Whip with responsibility for Culture, Media & Sport, said:

"We are committed to implementing the Digital Economy Act, and we hope that the initial obligations code will be abolished shortly."

See http://www.publications.parliament.uk/p ... 3-0002.htm
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby bpaw » Sat Nov 05, 2011 6:01 pm

Image

Image

This link below says it all:

http://solicitorsfromhell.co.uk/index.php?listing=Tilly%20Bailey%20Irvine%20(TBI)%20-%20Hartlepool&option=com_directory&page=viewListing&lid=1332&Itemid=

Acted for me trying to get me contact with me children.

Did F all.

Never interested in me case, RUDE ignorant woman.

Never rang me back when I rang office.

Not got a Fkin clew bout how to fight a case.

Innit for the reddies, Fkin disgrace.

Calls herself a solicitor Fkin sheit.

Sticks to bells mate went there got his order.
"Hatton & Berkeley, which provides financial services to small businesses, sent the letters on behalf of its client TCYK LLC to Mrs Drew. Robert Croucher, managing director of Hatton & Berkeley, said: "They [the letters] are part of what's referred to as a pre-action protocol. We send them before action...They don't actually make a demand for money."
Source Link: BBC News
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Hickster » Sat Nov 05, 2011 7:40 pm

Very good Bpaw

I was wondering if their was a list of these high and mighty Clients of TBI and the films they were representing, I am sure I had a list but dont seem to have it. I am aware it was Golden Eye International and Media & More &co would be good if someone had some of the titles. I like to be accurate!
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Hickster » Sun Nov 06, 2011 11:48 am

Please feel free to email me at:
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http://acsbore.wordpress.com

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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby bpaw » Sun Nov 06, 2011 11:56 am

They like all things speculative. Speculative Invoicing and also Speculative Applications.

http://www.tbilaw.co.uk/recruitment/Speculative_Applications.asp
"Hatton & Berkeley, which provides financial services to small businesses, sent the letters on behalf of its client TCYK LLC to Mrs Drew. Robert Croucher, managing director of Hatton & Berkeley, said: "They [the letters] are part of what's referred to as a pre-action protocol. We send them before action...They don't actually make a demand for money."
Source Link: BBC News
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby bpaw » Thu Nov 10, 2011 7:57 pm

I had in the back of my mind an interest in this Paul Parker Barrister, who was instructed by Mills & Reeves acting on behalf of Andrew J Crossley, in that Media CAT case.

For the sake of exactitude:

http://www.legal500.com/firms/9291-chambers-of-jeremy-stuart-smith-qc/offices/9291-london/lawyers/8067

Member
COMBAR; Professional Negligence Bar Association; London Common Law & Commercial Bar Association.

And:

Practice Areas
Litigation - commercial; Professional negligence; Property - litigation

At 4NewSquare:

http://www.4newsquare.com/barristers/86/Paul-Parker

Paul is a specialist in professional liability claims involving accountants, financial services professionals, lawyers, insurance brokers and construction professionals. He has substantial experience of appearing before disciplinary tribunals. He does a variety of general commercial and chancery commercial work, with particular emphasis on insurance law.

Basically the kind of Barrister you call on when you are in the dog doo.

If Crossley felt he was on a winner with the MediaCAT 27, he could have chosen Peter Pan as the Barrister.

First thing: Crossley chose well for a Barrister who deals with professional negligence.
Second thing: Crossley would have been better choosing Peter Parker (Spiderman).
Third thing: Crossley could do with Clark Kent for his SDT.

It is funny in hindsight that Crossley knew his trepidations right at the beginning!
Last edited by bpaw on Thu Nov 10, 2011 8:19 pm, edited 1 time in total.
"Hatton & Berkeley, which provides financial services to small businesses, sent the letters on behalf of its client TCYK LLC to Mrs Drew. Robert Croucher, managing director of Hatton & Berkeley, said: "They [the letters] are part of what's referred to as a pre-action protocol. We send them before action...They don't actually make a demand for money."
Source Link: BBC News
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Hickster » Thu Nov 10, 2011 8:18 pm

Hi guys

I just want to say, that I am laying down my weapons of choice, and going into suspended animation. I would like to thankyou all for fighting the good fight. I feel that the "Speculative Invoicing/Copyright Troll" danger is over in the UK, at least for now.

This part of my life has taken up 2 years and 6 months of my life, I have as you know tried my best with the blog and on here, to help and encourage those caught up in all this crap. I thank those who have helped me and encouraged me along the way, and I apologise to those I offended in my initial few months, this will always be my biggest regret.

This has been a frustrating and at times wonderful experience, being a part of a community that has effected great change on the legal system in the UK. I am so proud of all of you who have played a part in this.

It has shown me that the small guy can win out if he stands strong against the big guys.

I will prob update my Blog after the SDT hearing in January, and then it will remain as an archive. I have sought apologies from ACS:LAW, Tilly Baily Irvine, Gallant Macmillan and have been met only with arrogance. I still maintain that they should apologise.

My Blog will remain.

Thankyou all, to the people who emailed me and encouraged me, to the Team at Slyck.Com for graciously allowing this thread to remain.

I need to focus on life in realtime for now. I hope I havent dissapointed any of you, but my life and family need my attention.

Thanks finally to torrentfreak, and Enigmax for keeping me sane when all I felt was insane, and for the advice and encouragement to keep going with the blog.

God Bless

Hickster
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby bpaw » Thu Nov 10, 2011 8:23 pm

@Hickster

Just one word………..THANKS

I can't add any more through emotion..........

EDIT: I tell a lie

Enjoy your family and your life. You have earned it!

Thanks for the emails.

:thumbup: :thumbup: :thumbup: :thumbup: :thumbup:
"Hatton & Berkeley, which provides financial services to small businesses, sent the letters on behalf of its client TCYK LLC to Mrs Drew. Robert Croucher, managing director of Hatton & Berkeley, said: "They [the letters] are part of what's referred to as a pre-action protocol. We send them before action...They don't actually make a demand for money."
Source Link: BBC News
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Renegade » Fri Nov 11, 2011 3:07 am

bpaw, I believe that barrister may not have been Crossley's choice, but assigned by his insurer when it was realised he was screwed.

Hickster, best of luck with whatever you do next with your spare time and of course with your family. You've brought energy and support to many in the thread. I wouldn't be so sure this is truly the end though, and hopefully you'll be back if someone else decides to try again!
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby bpaw » Fri Nov 11, 2011 3:22 am

I see what you mean, Ren!

It’s funny in the run up to the SDT Hearing that Mr Andrew J Crossley has become Mr Anonymous, which is ironic considering what Anonymous did to ACS:Law.

Maybe he is thinking that by January, the SDT will forget all about him and his criminal activities.

We won’t forget.
"Hatton & Berkeley, which provides financial services to small businesses, sent the letters on behalf of its client TCYK LLC to Mrs Drew. Robert Croucher, managing director of Hatton & Berkeley, said: "They [the letters] are part of what's referred to as a pre-action protocol. We send them before action...They don't actually make a demand for money."
Source Link: BBC News
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby CharonsBoat » Fri Nov 11, 2011 5:50 am

I'd also like to thank Hickster for the indefatigueable efforts he's made in providing support and pursuing the perpetrators of these iniquitious schemes.

This thread was a lifeline for the unjustly accused such a myself at some pretty dark and frightening moments and all the participants (leaving aside the attempts of ACS Law and co to infiltrate, surely a breach of the solicitors' code in itself) have played a key role in keeping morale up and providing invaluable advice.

I wish Hickster the best of luck on his return to real life. And, in the nicest possible way, I hope he never has to to come out of retirement!
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Stressed_Out » Fri Nov 11, 2011 7:04 am

Hickster -

Your efforts in this campaign are exceptional as are many others, but on a personal level - enjoy a life away from this. You were a true friend and great comfort when I found myself lost in this quagmire. Without your unselfish support I and many others would have gone crazy with worry.

Take care mate - you have my e-mail address feel free to make contact at any time.

Thanks for what you have done for me and I wish you and your family all best wishes.
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby jsx » Fri Nov 11, 2011 9:12 am

Well done for standing up to those who have made false accusations against you Hickster, your blog and contributions to the debate are not just important for the UK but the whole Internet.

Good idea to take a break then come back to the fight once Crossley faces his SDT next year. :toast:
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby bpaw » Fri Nov 11, 2011 9:17 pm

Image
"Hatton & Berkeley, which provides financial services to small businesses, sent the letters on behalf of its client TCYK LLC to Mrs Drew. Robert Croucher, managing director of Hatton & Berkeley, said: "They [the letters] are part of what's referred to as a pre-action protocol. We send them before action...They don't actually make a demand for money."
Source Link: BBC News
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Dai_Young » Sat Nov 12, 2011 8:41 pm

Hi everyone and great work.

Mullard47 wrote:..... http://goldeneyeint.com/


Note the "Eye Of Horus" symbol at the top of the home page. This is lifted directly from The Alan Parsons Project album "Eye In The Sky".
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Dai_Young » Sat Nov 12, 2011 8:55 pm

Mullard47 wrote:...... Perhaps BT/Plusnet also need asking if that applies to any of the data they handed over and what they have done about that.


Plusnet senior management can often be approached directly via their ThinkBroadband forum section:
http://forums.thinkbroadband.com/plusnet.html

The BTi section of the forum is available here
http://forums.thinkbroadband.com/bt.html
although you won't see management posting there.
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby bpaw » Sat Nov 12, 2011 9:18 pm

Probably Ben Dover Honey doesn't care about nicking someone elses images.

The pirate keyboard here:

http://goldeneyeint.com/copyright_legislation.jsp

Is similar to here:

http://www.news.com.au/technology/learn-from-the-pirates-music-industry-told/story-e6frfro0-1111118614783

:pirate:
"Hatton & Berkeley, which provides financial services to small businesses, sent the letters on behalf of its client TCYK LLC to Mrs Drew. Robert Croucher, managing director of Hatton & Berkeley, said: "They [the letters] are part of what's referred to as a pre-action protocol. We send them before action...They don't actually make a demand for money."
Source Link: BBC News
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Dai_Young » Sat Nov 12, 2011 9:47 pm

bpaw wrote:Probably Ben Dover Honey doesn't care about nicking someone elses images.....


Well we may soon see if APP cares about someone nicking it's images as I've contacted them.
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby MrFredPFL » Sat Nov 12, 2011 11:57 pm

Dai_Young wrote:
bpaw wrote:Probably Ben Dover Honey doesn't care about nicking someone elses images.....


Well we may soon see if APP cares about someone nicking it's images as I've contacted them.


i'll be interested in hearing how this goes :toast:

and i feel terrible. i have forgotten my manners. it's been a long time, but better late than never...


:howdy: :howdy: :howdy:
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Re: Official ACS:LAW/DL letter/legal threat discussion

Postby Mullard47 » Sun Nov 13, 2011 5:14 am

MrFredPFL wrote:
Dai_Young wrote:
bpaw wrote:Probably Ben Dover Honey doesn't care about nicking someone elses images.....


Well we may soon see if APP cares about someone nicking it's images as I've contacted them.


i'll be interested in hearing how this goes :toast:

and i feel terrible. i have forgotten my manners. it's been a long time, but better late than never...


:howdy: :howdy: :howdy:


I assumed that you were busy in connection with the third shed that you spoke of much earlier this year. Actually, "the third shed" sounds like the title of an Edgar Wallace mystery.

There is, of course, the possibility that it is a stock image that both parties have purchased non-exclusive rights to although I would be surprised were someone to do that for an album cover.
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