What to do when you receive a letter of claim

9 May 2009

What to do when you receive a letter of claim

For some two years we have been defending and assisting hundreds of individuals who have been accused of P2P file sharing or infringing the copyright of the games, music and film industries. The threats to many individuals continue and we understand this is causing a huge amount of worry to many hundreds.

If you receive a letter of claim from a firm of Solicitors please read the following, we advise all individuals who have received a letter to be aware of the following:-

(1) The remedies available to the other side for infringement of copyright include:

(i) damages;

(ii) an injunction;

(iii) delivery up of all infringing material;

(iv) an account of profits; and

(v) costs

(2) Ignoring the letter/claim against you (if applicable) can allow the other side to seek an order against you from a court for the above remedies in default of you not responding. Do not ignore the letter/claim.

(3) As far as we are aware there have been no cases where judgment has been obtained at trial or at a full hearing where all the issues have been aired.

(4) If you have downloaded the said work it may be an option to pay up. If you deny the claim now, and further along down the line the other side prove that you have downloaded the said work, you will be liable for a substantial amount of money (mainly due to the other side claiming their solicitors costs for dealing with this matter from you, which can rack up to thousands of pounds). It may be easier to get rid of this at this early stage while the other side are willing to settle for a relatively low sum of money.

There are a number of scenarios which may apply to you and before we can fully advise you (if we are so instructed) you will need to consider the following (one or more may be applicable) you fall under:

1. I did download and I did share the said work. Any advice would be based on reducing or mitigating the amount you would have to pay.

2. I did download but I made sure that the said work would not be uploaded (shared) (some software has a function where you can disable the uploading of files).

3. I have a different type of P2P software than that claimed, but I did download the said work.

4. I have a different type of P2P software than that claimed, and I did not download the said work.

5. I did not have a PC or laptop at the time when the alleged infringement took place.

6. I have never installed P2P software.

7. I pay the bill for the internet connection and I did not download the said work. I have checked and no one else in my household downloaded the said work or I live alone.

8. I pay the bill for the internet connection, I did not download the said work, but there is possibility that someone in my household downloaded the said work.

9. Other if so, please explain.

Please let us know which one or more of the above you think is / are the most applicable. Then send your answers to the p2p defence team email address. One of the team will be in touch, in order to formally register you as a client.

Documentation

If we are to retain you as a client and indeed if you are to instruct us we require the following from you:

(1) Proof of ID. We require a copy of your passport or driving licence together with a copy of a recent utility bill. It is essential we have these documents as we need to be certain that you are who you say you are and not someone from perhaps the proposed Claimant. It is also a Law Society requirement.

(2) Copy of the letter received. This will assist us when reviewing your case and allow us to advise you accordingly and appropriately. Thank you for already providing this.

(3) Payment on account prior to being instructed, either by (1) cheque; (2) electronic bank transfer or (3) debit/credit card.

Costs

Solicitors dealing:

>Mr Michael Coyle. Hourly rate is 275.00 GBP plus VAT. He is a Solicitor-Advocate.

>Mr Riyaz Jariwalla. Hourly rate is 150 GBP plus VAT. He is a Solicitor.

>Jody Tsigarides. Hourly rate is 150 GBP plus VAT. He is a Solicitor.

>Ms Corinne Day. Hourly rate is 125 GBP plus VAT. (She is a Trainee Solicitor.)

We estimate your matter will take in the region of five to seven hours work. Under normal circumstances we and all solicitors would request 700 GBP plus VAT on account of costs. However the Letter of Claims request a sum which is close to this sum and is a clever tactic. You are stuck between a rock and hard place. Either pay up or pay your solicitors.

We therefore will, if so instructed, act for you on a reduced rate but we require a sum of 200 GBP plus VAT including VAT rate of 15%) to represent you.

For this sum we shall offer the following advice and assistance:

Package 1

(1) receipt of instructions (preferably by account of events in short numbered paragraphs) together with hard or electronic copies of all relevant documents, such as the letter received and any responses out by you;

(2) discussion of the facts with you by telephone;

(3) review of facts and law;

(4) supply to you of advice including your options and merits of any counterclaim (by email/letter/telephone);

Package 2

(5) the next step thereafter would usually be the sending of comprehensive letter to the other solicitors setting out your position in the strongest possible terms;

(6) supplying you with a proposed version for your comments/approval;

(7) receiving your comments;

(8) implementing the same;

(9) sending the same to the other solicitors by registered postage; and

(10) supplying you with copies of documents as filed/served for your records.

As mentioned above, our fixed fee for this specific work would be £200.00 + VAT for both packages, and our engagement would be subject to receiving your agreement to the above together with monies on account (to be held on your client account with us and returnable if we have not carried out any work on your file).

What to do next?

Please let us know how you want to proceed.

If you do want to instruct us, we require payment on account. You can send us a cheque, made payable to Lawdit Solicitors, in the sum of 230.00 GBP to:

Lawdit Solicitors

No 1 Brunswick Place

Southampton

SO15 2AN

If the above option of payment are not viable, you can call one of the team and provide us with your debit or credit card details.

We look forward to hearing from you.

Kind regards,

The P2P Defence Team