Thank you for your comprehensive reply. He has put in a defence, pretty much stating that he owes nothing and giving various reasons which we are sure he cannot substantiate, and given that he has not disclosed any evidence, he won't be able to. Our worry is that he thinks that he doesn't have to do anything, we keep paying the court for various things and that if we win then he won't pay anyway, he probably won't turn up for the trial. If we do win then we have have the problem of collecting, this is where it seems to me that the small claims falls down. Thanks again.

Hi My partner is suing her ex boyfriend for the £15K he owes her. They were both ordered to attend a pre case conference - he didn't show up. They were ordered to disclose all evidence by the 28th April, my wife sent hers to him and the court, he has sent nothing. Amazingly the courts do not seem to think that he is in default. The small claims route seems really powerless (toothless), can anyone who has been through a similar thing please help. All comments welcome, thanks in advance.

Thanks, does the same apply to them not supplying evidence, or are they only bound to that after proceedings have commenced?

Thanks Bookworm Yes, you are right, there is no counterclaim, I meant our last communication to RLP denying any wrongdoing. What I am trying to find out is, that, given they have not responded to our last letter for over two months, are they in breach of the CPR? Our approach has always been, as you say, bring it on as there is no evidence and the CPS has said no chance of a prosecution. It's outrageous that innocent people with an unblemished record can be treated in this way.

we have not received any summons, just letters threatening court action.

We have a long running dispute with TKMaxx and Retail Loss Prevention. Not to go over old ground, but basically the CPS have decided there is no case to answer but TKM have decided to proceed with their civil action. Can someone help with this: Civil Procedure rules states: "If no response is received by the claimant within the period of 28 days (or such other period as has been agreed between the parties), the claimant shall be entitled to commence proceedings without further compliance with this Protocol." It also states: "The claimant shall provide a response to any counterclaim within the equivalent period allowed to the defendant to respond to the letter of claim under paragraph 4.3.1 above." RLP wanted 21 days, we have not had a response to our last (of a series of) letter dated 17 January 2008, does this have a bearing?? We have also asked on several occasions for them to provide the evidence they claim to have they have yet to provide anything at all. Thanks in advance.

We have finally had a reply from TKM, "they are not satisfied and will continue with civil action" - don't beleive it! Can anyone help with this - under Civil Procedure Rules: "If no response is received by the claimant within the period of 28 days (or such other period as has been agreed between the parties), the claimant shall be entitled to commence proceedings without further compliance with this Protocol." It also states: "The claimant shall provide a response to any counterclaim within the equivalent period allowed to the defendant to respond to the letter of claim under paragraph 4.3.1 above." RLP wanted 21 days, we have not had a response to our letter dated 17 January 2008, does this have a bearing?? Our last letter was asking for evidence etc and allegations reiterated in a letter not bearing "without prejudice"

Whereas my situation continues - trying to call RLPs bluff, have told them that we are preparing for court and ask them to either repeat their fraudulent allegations in a letter with 'without prejudice' omitted or for their permission to use their without prejudice mail in court. Also asked why they refuse to provide the evidence they claim to have. I have noticed that they will not answer points raised in letters they merely send standard letters.

Finally had a response for RLP, reading this it is a standard letter which does not address any points raised in my previous letter to them - reading these two paragraphs, they really are trying to browbeat you into paying. I especially like the part "Having considered all the information provided by you, we would inform you it has no legal basis as a defence to our client's claim and does not extinguish your liability" - how about being innocent of any wrongdoing??? Excerpt from latest RLP letter: As previously highlighted, under the civil law, if liability is established, damages will be awarded. These damages will be assessed in accordance with established civil law principles and will not be reduced because of any 'mitigating circumstances'. Having considered all the information provided by you, we would inform you it has no legal basis as a defence to our client's claim and does not extinguish your liability, nor does it negate the fact that our client has suffered loss as a result of your actions. Should this case proceed to the civil Court and we have to issue a claim for Summary Judgement, based on the fact your defence has no legal basis and therefore no likelihood of success. >>>>>> They are now claiming loss - when previously they had not - this considering they still have the shoes my partner paid for! Whoever compared them to wheelclampers is not far wrong!

I am currently in talks with T K MAxx customer service and there is to be an investigation. I have just spoken to the district LPI manager and he tells me that last year their losses ran to £24M - still no reason to harass respectable innocent people!

I must admit I find it unlikely that cashiers are advised to behave in this way. Regarding our particular problem, I am going to try to arrange to see the manager of the TKM in question, the overzealous, lying S/O has caused us a lot of stress, try having 5 uniformed police officers arriving unannounced to search your home. Going to try to see the manager this week so will keep you posted.

So RLP can safely make fraudulent claims in order to coerce people into paying ?

I have invoiced them citing their letter which makes the untrue statements, but, I just thought, their letters are Without Prejudice, as such they cannot be used in court - is this true?

Good news - the police have just returned all the property they took and there is to be no further action - quote cps "not being realistic prospect of conviction" surprise surprise. As RLP have put in writing that they have cctv of my partner switching labels (untrue) I am about to invoice RLP for £200 for our time in dealing with their fraudulent claim. We have heard nothing from RLP since our last reply to them on 7 December. I'll keep you posted.

pardon my ignorance of abbreviations - what is a SD and SO?? Normally I can work it out but this time .......