+ All Categories
Home > Documents > GCB Limited - 20110108sm - Part 1

GCB Limited - 20110108sm - Part 1

Date post: 09-Apr-2018
Category:
Upload: joe-hickster
View: 223 times
Download: 0 times
Share this document with a friend

of 5

Transcript
  • 8/8/2019 GCB Limited - 20110108sm - Part 1

    1/5

    A C S : L A WSolicitors

    your ref:our ref:email: [email protected]: 13th December 2010

    To whom it may concernDear Sir or MadamRe: Infringement of Copyright

    Andrew J. CrossleyPrincipal20 Hanover SquareLondon W1S 1JYtel 020 7193 2493fax 020 7990 9099DX 44643 Mayfair

    We refer to previous correspondence in relation to an infringement of copyright matterwe have been communicating on. If you have recently made payment in full orreceived a letter from us confirming that the matter has been satisfactorily concludedthen please disregard this letter.In order to allow us to focus on the issuing of proceedings, our client has instructedagents, GCB Limited, to correspond with you directly in relation to the above matter inplace of ACS Law Solicitors.Accordingly, all outstanding correspondence that may have been received from youhas been passed to GCB Limited, at the request of our client. Please address all futurecorrespondence and communication to GCB Limited and not us, as we are no longerinstructed to correspond or communicate with you.If you wish to make payment in acceptance and settlement of the compromiseagreement previously offered, you are most welcome to do so, but please directpayment to GCB Limited and not us.This firm will only contact you again if we are separately instructed by our client to issueproceedings, but until then you should direct all enquiries and payments to GCB Limited.Thank you.

    Yours faithfully

    ACS Law Solicitors

    www.acs-law.co.ukegulated by the Solicitors Regulation Authority No. 513065

  • 8/8/2019 GCB Limited - 20110108sm - Part 1

    2/5

    Your ref:Our ref:Date: 8 January 2011 GCB LTD

    GCB Ltd1st Floor Holborn Gate

    330 High HolbornLondonWC1V 7QTP R I V A TE & C O N F I D EN TI A L Payment C entre Tel: 020 3239 2527

    Fax: 020 3070 0528

    N O T I C E O F C L A I M - IN F R I N G E M E N T O F C O P Y R I GH TDear Sir or MadamR e:nfringement of CopyrightMedia C.A.T. LimitedYou have previously received correspondence from M essrs ACS Law Solicitors in relation to the above. Thatfirm is still instructed by Media C.A.T. Limited, but is now focusing its attention on identifying newinfringements and the issuing court proceedings only. We are agents instructed by Media C.A.T. Limited inrelation to the infringement of the Work. Please direct all future correspondence and communication to us atthe above address. As confirmation of this, we enclose a letter from A CS L aw Solicitors.The above matter remains unresolved and our client has asked that we now write to you in connection withit. Our client is holding you responsible for the infringement of its copyright in the Work that was identifiedas having occurred through the u se of you r internet connection.Our client holds you responsible as the person who made the Work available to others, or by authorisingothers known to you to use your internet connection for a purpose that included infringement of our client'scopyright, or by failing adequately or at all to secure and control the use of your internet connection to areasonable standard so as to allow another person to use your internet connection to infringe our client'scopyright. Whichever of these scenarios may apply, our client holds you directly responsible.To resolve this matter the following needs to happen:-If you w ish to settle the claim1. Enter into the comprom ise agreement enclosed by signing and returning it to us.2. Make payment to our client in the sum ofo pay by Credit Card either fill in and return the

    attached Payment Form or pay by 'phone by calling our Payment C entre on 020 3239 2527(Mon-Fri, 9.30am to 5.30pm.)3. Payment can be made by cheque, direct debit, credit card or postal order. When making paymentplease complete the payment form on the reverse of the com promise agreement.

    4. Once we receive payment you will receive confirmation by post that the claim against you is nolonger being pursued by our client.

    Registered Office: GCB LIMITED, CIO MCLEAN REID, I FORSTAL R OAD, AYLESFOR D, KENT, ME20 7AUCOMPANY NO. 05687574

  • 8/8/2019 GCB Limited - 20110108sm - Part 1

    3/5

    GCB LTD

    If you do no t wish to settle the claim1. Provide a full and detailed explanation of why you do not consider yourself responsible. Please note

    that all template responses provided (such as those copied from the internet) will be rejected out ofhand. Please give as much detail as you can.2. Every response will be considered and if the case is to be dropped as a result of the response yougive we w ill write to you and let you know.3. If we do not write to you expressly stating that the matter is ended (either by reason of yourexplanation given or payment) the matter will remain live and potentially actionable.

    If no pay men t is received or if the matter is not otherw ise resolved to our client's satisfaction, thematter may ultimately be referred to solicitors for immediate issue of proceedings.Also enclosed with this letter is the following documentation:-(a) a copy of the case of Polvdor and others v. Brown and others [2005] EWHC 3191 (Ch), where

    summary judgment was given against the internet account holder in a file sharing copyrightinfringement claim;(b) a copy of the BBC News report of the case of Ms Barwinska, who was ordered to pay damages of

    6,000.00 and legal costs of 10,000.00 in respect of infringement of copyright by illegal file sharinga copyrighted product;

    (c) A payment form (payment can be made by cheque, bank transfer or by credit card). Please note wecan also take credit card payments over the telephone on: 020 3239 2527.WARNING

    If no paym ent or satisfactory response is received from you w ithin 14 days of the date of this letter,further action will be taken, which may include the issue of proceedings against you.Finally, if you do not kno w what to do you should seek lega l advice from a solicitor or Citizen's AdviceBureau.Yours faithfully

    GCB LimitedAgents for Media C.A.T. Limited

    Registered Office: GCB LIMITED, C/O MC LEAN REID, I FORSTAL ROAD, AYLESFORD, KEN T, ME20 7AUCOMPANY NO. 05687574

  • 8/8/2019 GCB Limited - 20110108sm - Part 1

    4/5

    GCB LTD

    UNDERTAKINGS

    To:edia C.A.T. Limitedc/o GCB Ltd1st Floor Holborn Gate330 High HolbornLondon, WC1V 7QThereby irrevocably undertake as follows:

    1.not to upload, download, make available or otherwise share the film sold under the name("Work") or to permit others to do the same, without its prior written consent;

    2. to delete or destroy any copies of the Work (and any other intellectual property of Media C.A.T.Limited) which have not been permitted under the terms of a license granted at the time of purchasefrom a source authorised by the rightsholder;3. to take all reasonable steps necessary to secure and control my internet connection so as to prevent,as far as is reasonably practicable, infringement of the Work;4. to payo GCB Ltd by way of damages and as a contribution to its client's costs incurred todate.

    SIGNED:NAME:PRINT NAME)DATE:IF THE INFRINGING ACT W AS COMM ITTED BY A M INOR, HE OR SHE SHOULD STILL SIGN

    Registered Office: GCB LIMITED, C/O MCLEAN REID, 1 FORSTAL ROAD, AYLESFORD, KENT , MIE20 7AUCOMPANY NO . 05687574

  • 8/8/2019 GCB Limited - 20110108sm - Part 1

    5/5

    GCB LTDNAME: girFILE NO01.11sCLIENT : Media C.A.T. LimitedPAYMENT FORM

    Please tick ON E of the following boxes and return, where applicable, your paym ent:

    (a) CHEQUEI enclose a cheque mad e payable to 'GCB Ltd ' for(please quote your reference 4sn the reverse)s(b) BANK TRANSFERI have sent paym ent of og to the account detai ls below:Date transfer was made:.Account Name: GCB LtdAccount Number: 02360348Sort Code: 30-92-38IBAN: GB19 LO YD 3092 3802 3603 48I BAN BI C: LOYDG B2 1 1 6 2Bank A ddress: Lloyds TSB, 1-5 The Broadway, W est Sussex, RH10 1D UReference: 1sss(c) CREDIT CARDPlease supply the following details:N A M E O N C A R D :1 6 D I GI T C A R D N U M B E R :EX PIRY D A T E:3 DI G IT SE CUR I TY CO DE :I authorise you to debit my credit card in the sum of 0n paym ent of the above damages and costs.Signed:ate:Payment may only be made using MA STERCA RD, VISA or AM EX.Please note there is a 5 .00 surcharge if paying via AM EX . u(d) SW ITCH, DELTA, VISA D EBIT/ELECTRON OR SOLOPlease provide the following details:N A M E O N C A R D :1 6 DIG I T CAR D N UM BE R :START DATE:EX PIRY D A T E:3 DI G IT SE CUR I TY COD E :I SS U E NO :I agree to my card being debited in the sum of - in payment of the above dam ages and costs.Signed: D a t e :

    R e g i st e re d O f fi c e: G C B L I M I T E D , C / O M C L E A N R E I D , 1 F O R S T A L R O A D , A Y L E S F O R D , K E N T , M E 2 0 7 A UC O M P A N Y N O . 0 5 6 8 7 5 74


Recommended