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 .......

Hi counsellor I have sent you a PM.

My partner was bailed to reappear at the police station on the 21st Dec, (no bail money requested) she went their and went through the video as per previous post. She has not been bailed again. There is absolutely no evidence against her, all she did was peel back the label to see what the previous price had been (nothing unreasonable) and I do not think that is on cctv. In fact she told the police that is what she had done - it is not on cctv. Her solicitor said they had no case and the police officer said that she would be writing to her. The RLP claim that they have cctv of her swapping labels is a blatant lie! As we bothe run our own individual businesses I am considering invoicing our time in dealing with their fraudulent claims - better that trying to claim some form of injury through their allegations.

I was thinking, they claim to have cctv of my partner swapping labels and as such demanding money, as this is untrue surely they are demanding monies by fraudulent means and this must be illegal ???

I was not really being serious re the libel, but as you say RLP are preying on people who may not be able fight them on their own level. This is obvious when they start offering discounts for immediate payments and 'easy terms' I now actually am looking forward to fighting them. More as it happens .......

To keep my original post up to date. My partner went back to the local police station just before Christmas(with solicitor) and was shown the cctv footage of her in the TKM in question, she had to provide a running commentary. As expected the cctv showed absolutely no wrongdoing and they are now trying to imply that she swapped labels when she went into the lift (no cctv in lift). This proves her innocence. We now await the next letter from RLP, (bearing in mind they have stated that they have cctv of her swapping labels) in our last letter to them we accepted their offer of a meeting (only at our address) we intend to rescind this offer and demind a hearing in court to call their bluff. They have stated an untruth (re the cctv footage) if this were published surely this would be libelous, I wonder if I were to post the letter somewhere that we could take action against them ...... ???

We are losing sight of my original post - my partner did nothing more than peel back a sticker to reveal the previous price. Kular was found guilty in a criminal court and then sucessfully sued for civil damages. My partner is being accused by RLP of a criminal act for which she has NOT been charged.

Very interesting what you say mcjohnson. RLP are claiming the following: value of goods or cash stolen - £0.00 Staff & management time investigating/dealing with your wrongful actions - £82.50 Admin cost resulting from your wrongful actions - £24.75 Apportioned security & surveillance costs resulting from your wrongful actions - £30.25 I am thinking of invoicing them for my time in dealing with their unwarranted claims!

Hi Emsgeorge Thanks for your informative post. I started this thread and while I don't really have sympathy for the people that got caught swapping labels, my partner merely peeled back the label to see what the previous price was - nothing too unreasonable I feel. Now we have all this grief with RLP claiming trespass, when she has legally bought other items. She has an unblemished character and is being made to feel like a criminal.

Yet another letter from RLP - not addressing any points from my letter, just a standard reply - now offering payment terms and even arbitration. My reply: In my previous letter I informed you of the following: The witness statement referred to in your letter is entirely incorrect, said CCTV footage will bear this out. The facts (to which I am prepared to attest to in court) are in complete opposition to what you have stated in your letter. Innocent until proven guilty is the basis of English law, you have predetermined me guilty of a crime which I did not perpetrate, for which there is no proof and for which I have not been charged. If you wish to arbitrate that is fine, I am prepared to meet at my address where you will have to provide solid evidence of any wrongdoing on my part. Under Civil Procedure rules you are required to provide evidence, so please send a copy of the CCTV footage you claim to have (digital format). Please respond to the points raised in this letter and not just send a standard reply.>>>>>> We'll see where this gets us !!

Thanks for your best wishes Essexbas. The TKM in question might be 20 miles east of you !!