Need Legal Advice

BrianStephan

BrianStephan

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I responded to an add in my broadband classifieds about uncapped internet. The guy was charging R400 p/m for it said he had bussiness accounts and its costing him to much to maintain so he would sell the bandwith. I payed my R400 he sent me a username and password and the account worked for 1 night and then didnt work after that.

I received an demanding letter via email stating that my phone number accessed an account illegaly and criminal charges will be bought against me if I dont pay within 7 days.

Apparently this guy connected 142 ppl to that single account which was illegal.

So what do u guys suggest I do?

Pay the amount or fight it?
 
BrianStephan said:
I responded to an add in my broadband classifieds about uncapped internet. The guy was charging R400 p/m for it said he had bussiness accounts and its costing him to much to maintain so he would sell the bandwith. I payed my R400 he sent me a username and password and the account worked for 1 night and then didnt work after that.

I received an demanding letter via email stating that my phone number accessed an account illegaly and criminal charges will be bought against me if I dont pay within 7 days.

Apparently this guy connected 142 ppl to that single account which was illegal.

So what do u guys suggest I do?

Pay the amount or fight it?
Click to expand...

Sounds like a scam. Who sent you the letter?

Oh, and you can get a uncapped account from MWeb for R219 a month for a 384kbps line up to R539 a month for a 4mbps line.
 
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Was sent by a legit laywer even spoke to her on the phone she is representing the ISP from which the account was illegaly used
 
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You'll need to find some sort of proof that you were a clueless victim of a scam. The ad should still be on this site and you hopefully have some sort of proof of payment.
 
BrianStephan said:
I never got a receipt but have proof of making a payment to his account
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That with the ad should be sufficient. It's quite possible the ISP is going after the easy targets in this case. They'll try recoup as much as they can from those they can bully into paying... it's the user whose account details got stolen who ought to be held liable.
 
Name and shame... email address, name, address, company name, etc.
 
BrianStephan said:
Was sent by a legit laywer even spoke to her on the phone she is representing the ISP from which the account was illegaly used
Click to expand...

ISPs should have measures in place to prevent concurrent logins (especially so on uncapped business accounts) so find out from them how that it was possible for you to enter the system? Shows negligence on their side.

What are they claiming money for? One days uncapped? How much? What are they going to charge you with if they intent charging you criminally?

Note: i have no legal training or experience
 
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Hi Brian
Name and shame perhaps? If you don't want to please send me a private mail with the details and i will see if i can help.

Note: i have plenty of legal training and experience :)
 
That guy is in CT yes they charging me the money isnt the issue I have more than enough the pt is I have done nothing wrong. The attorneys are MacRobert Attorneys and they are in JHB.

They want to charge me for the bandwith stolen. I asked those questions and here were the ISP's replies

1)
I asked them shouldnt they keep more notice on their accounts seeing as this guy got through 145 ppl on that single connection. Their reply was This has nothing to do with the DSL abuser, however (ISP) allows 5 concurent users, as we have a lot of bussiness connections from multiple locations

2) How can they hold us responsible we didnt even know that they existed nor have we ever had account with them
Their reply: No legal contract was signed and the abuser did not enquire which ISP will provide the service.
 
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Is there a paper trail? How were you furnished with the bank detail, account login, etc? Send that to the Attorneys and tell them to gft.
 
tell the lawyer lady to provide YOU & yr lawyer with the evidence that YOU have done something wrong. if they can't then tell them to fak off......politely :)

don't just roll over cause she says so - make them prove it first.
 
I have only emails he sent me concerning the account and the username and password after I paid him
 
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