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  1. Hello every one, this site has been of so much help. My wife also received on of these letters and i have been consoling her ever since, as she is very upset about it. I have been scouring the internet for answers and came to this forum and have read all the numerous accounts of this also happening to many others. The story is the same as others on here with regards to the letter and it's content, the difference being my wife was an employee of Sainsbury's of 13years (Team Leader) and forgot to pay for some DVD's as she got a distressing call at the time she was to check-out (family related) and totally forgot to pay for the items she had. She admitted that she forgot to pay and explained why. She was detained by the profit loss manager & security till the police arrived. She was then taken by the police & profit loss manager to our house which was searched, once they fully searched our house, to which nothing was found she was taken to the local police station for an interview, which should have only been a couple of hours or so. She was kept for 16 hours overnight in the same uniform, as they said they were busy and could not interview her right away. When they finally did interview her it was in the next day afternoon, and she was given a simple caution and released. she had the usual company disciplinary meetings and after the 2nd one was sacked for theft. we receive a letter from DWf saying that we owe them on the behalf of their client Sainsburys Supermarkets Ltd the sum of £820.45 for Detection & Apprehension. i have read all the advise given to others on this forum about sending the one- line letter denying liability after the 2nd letter comes, which i will be doing. Just thought i would share our story with those who have undergone this or who are undergoing this at the moment, it makes a big difference to know that we were not the only ones this has happened to. When relating to our story, i think others can think themselves fortunate they do not work for Sainsburys, because the way they treat staff seems to be even worse than how they treat customers. Please let us know if we have to take a different course of action, than the one suggested to other members etc? Thanks.
  2. Hi, yesterday my sister acted very stupid and stole from primark and as she is 16 the police were kind enough to let us go without calling our parents (I was with her and my younger sister who is 15). I wanted to know how long it takes for the letter to reach my house as I dont want my parents finding out. also, the police officer that was there said that primark might/ might not send out the letter but if they do it should only be a sum of £40 for wasting security officers time. how long does it take for the letter to come home and how likely is it for it to be sent home? please help
  3. MoJ issues new consultation on civil court fees The Ministry of Justice has issued a consultation on proposals for further increases in fees in the civil and magistrates courts. The aim is to further the Government's stated policy of moving towards full cost recovery and it is hoped that the changes will bring in an additional £38m a year. A significant change would see magistrates' court fees increase to represent 100% of the full cost: the Ministry currently estimates that such fees recover only 55% of their costs. The proposals would also see a realignment of fees for enforcement proceedings in the county court and High Court. The consultation paper sets out the proposed new fees and is available on the MoJ website.
  4. hi guys, need a little advice my friend was arrested at 2.30 in the morning the other day, for a civil debt that has not been seen or heard of for 8 years, it would appear that at sometime in the past few months the dca gained a ccj uncontested and then initiated an arrest warrant for non payment. now my first thought is to have the ccj set aside as statute barred, and am waiting for her to put all the paperwork together to ascertain the dates of payments etc. 2nd when did they start arresting people for civil debts? is this an abuse of court it was a bit like taking a sledgehammer to crack a nut... what are the ramifications? and when did dca's start using these underhand tricks? any advice gratefully accepted
  5. We all know that a higher court decision in civil law is binding on a lower court but do criminal offences/decided cases carry any weight in the civil court? Criminal cases don't actually set a precedent unlike a civil case. However, it is illegal, for eg, to turn one's house into a pub without being licensed, a criminal offence. Yet if I didn't know that, as a customer, and was misrepresented by the bogus bar owner that he was running a legit establishment and took my money, could I quote his criminal wrongs in a civil court if I decided to sue him for misrepresenting what he had sold me???? It hasn't happened but it's an interesting dispute to resolve for my studies.
  6. Hi all, thank you for reading this. I parked at my local sports centre where you have to enter your car reg into a computer to get 3 hours free parking. I am pretty sure I did this but not absolutely certain. Today I got a fine from Civil Enforcement Ltd for £150 (£75 if I pay within 14 days). Trouble is I was using my dads car, so he got the fine. I have read the sticky thread about these types of fines, but I wanted to check that they are still unenforceable as it was posted over a year ago. I am more worried because this fine was sent to my dad and I don't want him to end up with a £150 fine or a trip to the court etc! Any advice appreciated
  7. I need some advice. I am dealing with a small estate. There are two executors and the two executors share the estate. There is still money to be collected before the estate can be settled but the other beneficiary is getting impatient and raised a writ for her half. I have responded to the writ and there have been a couple of adjustments. There was an Options Hearing a few weeks ago and the other side asked for a continuance. I did not agree and stated that I wanted to proceed there and then. The Sheriff looked at the paperwork and noted that I had submitted a note in support of my preliminary plea. However, there was no preliminary plea in the "record" therfore the Sheriff could not entertain any plea from me. My case would have failed therefore he suggested that I accept a continuance for four weeks to sort it out. I forwarded my preliminary plea again to the pursuer's solicitor and expected them to update the "record" so that when we meet again the Sheriff can consider my preliminary plea. However, I received, yesterday, a MOTION asking for:- 1. to grant a decree against the defender for half the estate; 2. to find the defender liable for expenses, and 3. Quad ulta to dismiss the craves of the writ I suspect that the pursuer is not going to include my provisional plea therefore the advice I need is - How do I ensure that my preliminary plea is included in the record, or maybe the question is - How do I lodge my preliminary plea so as to ensure that the Sheriff takes it into consideration?
  8. Hi there, a couple days ago I was caught shoplifting from TK Maxx, stupid I know, not sure why I did it, but for some reason I did (I'm 17). After I was caught I was taken to a room in the back where I was asked a few questions, name, d.o.b, etc. Once they had taken down my details I signed a 12 month banning notice and was told that I would be 'fined', I was not expecting it to be very pricey as the item only cost £9.99, but after reading some of the stories on here I starting to think otherwise. What I am partially worried about is that there was a police officer already in the room when I entered, later on I was told that the officer wanted to arrest me but what I'm to assume are TK Maxx security, convinced him not to, I noticed that he still decided to take my details down ? along with the other bloke. When I left I was given a notice of intended civil recovery, at the bottom of this sheet it says that my 'persona data may be stored and use by prospective employers within client companies to make employment decisions and for the purposes of crime prevention' this is quite worrying as I am currently looking for a job and thought that it may appear on an extensive CRB check. I have read a couple threads on RLP but I'm still not sure on what action to take, I really just want to forget about this whole thing and am considering paying, but I'm concerned that this may lead to them asking for more money and I guessing as soon as I pay this means they can hold me liable. But if I don't pay they say that they can take it too court. My knowledge on this area is extremely limited, so I must sound quite idiotic, could anybody help me please ? Many thanks.
  9. Hi I'm hoping that someone can give me some advice please. Here's goes, a bit long winded! On Friday 21st June 2013, my friend and I attended a concert at a well known stadium. We had an altercation with another member of the public over a seat and this resulted in a lot of shouting and a drink being thrown (by me). Following the altercation in the stadium, my friend and I were asked to 'come out the back for a quick chat' by two male members of an outsourced security firm. A heated discussion between the 4 of us occurred and one of the security staff went to speak to some members of the public to investigate the incident further. My friend and I were asked to stay where we were whilst this was happening. About 5 minutes later, the investigating member of security staff returned to advise 'we have witnesses, you're in the wrong, you cannot go back to the concert'. I would like to add at this point, no witnesses or third parties were asked to come along to discuss this, we were simply told that we were not to be believed and we could no longer attend the concert. A heated argument occured and a female member of the security staff joined us. At this point there were 3 or 4 male members of the security firm and a female member (I am female by the way, this becomes relevant further along....). I then told one of the security staff to call the police and I was told 'don't worry love, they're on their way'. I then advised a male security guard that I was going outside for a cigarette and I attempted to move towards a rear door to go outside and I was violently pulled back and manhandled by 2 or 3 members of the security firm and pinned to the floor. There was an arm around my neck and one around my head. Both of my arms were yanked behind my back and I was in so much pain, I thought that they had broken my arm. I was understandably distressed and extremely upset, the pain in my arms was excrutiating and I could not breathe due to the hands and arms also around my face and neck. My skirt had also risen up and my underwear was on show. At this point, a male member of the security firm was shouting ' there's no need for this, you're hurting her, let her go'. My friend who was with me at the time was also shouting to let go and was told by the security staff to be quiet and sit on a chair, which she did. At this point, due to the amount of pain I was in and the fact that my breathing was restricted, I temporarily blacked out for a very short period of time. I came to and my left arm was still yanked behind my back by one or two members of the security firm, there was also a hand near my face and neck and I was shouting that I could not breathe and I attempted to bite the hand in front of my face. May I add at this time, that although I attempted to do this, I was unsuccessful due to the amount of pain I was in. The security staff, eventually pulled down my skirt (I'm presuming to preseve my dignity, however at this point it was too little, too late) and I was manhandled off the floor and made to sit on a chair. I am sure you can imagine how understandably distressed I was at this point. A black male member of the security firm, whom I do not wish to implicate came over to me, knelt down and took my hands in his and gave me a tissue and a cup of water. He apologised for the way his colleagues had treated me and told me that 'this should never have happened and I am so sorry it has'. As far as I am aware, this black male member of the security firm had abolutely nothing to do with the way I was treated and he apologised profusely many times, he had nothing to do with the way I was treated. I was then taken away with the police. The police issued me with a fixed penalty notice (section 5) which I paid the very next day. I was also in so much pain the next day, I went to my local A&E who gave me painkillers and xrayed my elbow and left arm and I was advised that I had extensive muscle damage. Anyway.... I then decided to go back to the police to press charges against the security firm for the shocking and brutal was I was treated. The police have done their investigations and unfortunately, there is no CCTV available for them to view as all of this happened in a 'staff area'. The police advised that the CPS may not take on the case due to the lack of CCTV. I've therefore decided to continue with a civil claim for personal injury. However, after making an official complaint via email to the security firm, I received an email today stating that they acted correctly and their 'contractors' were also going to take civil action against me! I've spoken to my solicitor and she thinks that they are scare mongering, however I am concerned even though i haven't done anything wrong! Will the fact that I have a fixed penalty notice go against me, can the police give out my personal information (they don't have it at the moment, other than my name). Hopefully someone can give me advice please.
  10. The following is a link to an excellent press story featured today regarding the frankly pathetic shambles of private parking enforcement and proof once again that "cowboy clampers" have indeed turned into "cowboy ticketers" . The article also states that apparently POPLA are struggling with appeals and that DVLA have made a fortune from selling personal data. As you will also see, BPA are confirming that CEL are under "investigation" for their failure to abide by the BPA's "recommendations" by capping the maximum charge of their tickets at £100 !!! Only a few days ago local authorities were stunned by the surprise joint Press Release from DCLG and the DfT regarding the plans to curb CCTV cameras because of the damage that was being done to the high street by the excessive ticketing of motorists by local authorities. There can be no doubt that DfT will be putting "private parking companies" under investigation ( if they are not already doing so). http://www.dailymail.co.uk/news/article-2442223/Private-spy-cameras-used-tickets-clamping-banned-private-land.html
  11. I need some good advice on making a civil case. Is there any experts on here that know about this and how I proceed?
  12. Hello. I am pretty new here but I am looking for some advice. I have been browsing the forums and a lot of users on here seem to know the way the system works. So I was hoping someone could give me some advice. I was recently dismissed from my employment at a games retailer. The reason was for breakdown of trust and failure to comply with the staff handbook. To put the long story short. Where I used to work we were given hundred of promotional items and in our store it become common practice for some people to give away these items or sell them onto others. I am very aware this is personal gain from the goods and is against the rules. That is to why when the investigation came up I accepted all responsibility. Although the items are tiny and have no physical worth or value on their stockfile. They basically didnt like the fact I was earning something from giving away these codes and goodies. Like I said I accept responsibility for my actions and I shouldnt have however with all of the members of staff doing it I figured why not. I didnt name bomb anyone and I walked away with grace. They asked me what I had given away and sold and they came to a rough sum of £520 of personal gain in the 2 years I had been there (like I said I was honest and told them everything). After the investigation they offered me dismissal and then said they may send a Civil notice to reclaim money spent on hours investigating the case. That seemed fair. However through the door today I have been given a Civil Claim by Civil recovery Solutions asking for a total claim value of £1017.18 however I can settle early and pay £813.74. I did no way agree to pay an amount of that high value. Especially when the items which were given to me had zero stock value. (The items were given to us through our manager this is not a question of theft.) Police were not called in and I have had no confrontation with the police at all regarding the matter. I was expecting to pay for the hours which the investigation took place (no more than £150) But I assume they have wacked on the £520, and some crazy administration fee. They have asked if I deny Liability to get in contact within 14 days. I am aware that I could ignore the letter, or reply or maybe offer some kind of counter claim. But I am very lost with this and I am a little worried. I feel like they are treating me like a criminal. I can see what I did was wrong but with other staff influencing me that it was okay and it was a common thing I didnt think it would get this out of hand. Since my departure from the company 3 weeks ago I have found a new job although. I would really not like to pay a massive £1k charge for a bunch of stuff which was GIVEN to the staff. Any advice would be really appreciated. Thank you so much for taking the time to read this. Kind Regards
  13. Hi everyone my daughter who was 17yrs old at the time, was caught shop lifting from boots last month, she walked out of boots with a small pack of wipes and a sandwich. She was on her lunch break from her part-time employment so was in her uniform. It would seem a genuine mistake as she was chatting to friends who had just come into the shop and she forgot she had items and followed everyone out of shop. It wasn't until 4 days after this incident that the police rang my house asking my daughter to come to the station. They had CTV images of my daughter and friends in store and because she had another shops uniform on the police asked her manager for her telephone number so they could speak with her. We went to station same day and she was cautioned and given a penalty notice of £80. Police were only interested in knowing if she realised her mistake after walking out of shop, to which she replied "YES" She did in her defence tell me the day after that she had walked out of boots and forgot to pay. But even after all this they still said she would be better off taking fine as if it went to court she could get a criminal record. So we reluctantly accepted it and thought this would be the end of the matter! Well we have received 3 letters so far, one from boots stating my daughter is barred from boots, then two others from RLP asking for immediate payment of £163.99 there is no break down of costs, just 3 pages of dribble about loss of earnings and time. My daughter has now turned 18 and is worrying this will damage her credit rating and they have said "Failure to pay amount due under our civil action may result in: County / Sherrif court proceedings being brought against you The value of the claim increasing You may have a judgement awarded against you which may affect your credit rating My daughter is extremely anxious, she has no job now and is a fulltime student with no income. I'm hoping someone could advise me on what to do next.
  14. guys i received a similar letter from civil enforcement ltd few montha ago.. after reading few forums ive decided to ignore them... after the final reminder I've received a letter today saying that they are intended to take the matter to Northampton County Court. It is not from Newlyn. i wish i cud attach the letter here... Anyway the letter still looks fake to me as the County Courts Act (section 69) looks like scanned and pasted into the letter. They say they will seize my vehicle/good, and many other things they can possibly do. What shall I do? Do I continue to ignore them? It just bugging me. Please do reply
  15. Hi, To cut a very long story as short as possible. I took advise from a solicitor who advised that I had a case for breach of contract. started proceedings and won the case..... but "and here a big" BUT the defenders lodged a tender and the award - although I won the case is less than the tendor so looks like although i won my case im left with both my legal fees and theirs? is this correct? I have mounting debts now due to a change in circumstances and im worried that I will have to sell my home to pay their court fees. (ive been paying mine in stages) seams really unfair I suffered a loss and won the case yet because less than tender i actually loose more money. Im both physically and emotionally drained feel like giving up will i really have to sell my house to pay their legal costs? i appreciate any help or advice... feel sick
  16. Please see the attached letters from Civil Recovery Solutions. I have denied damaging either the kettle or mirror during our stay. I'm yet to reply to their second letter. Please could you offer some advice. The fact that they are saying a cleaner can sign a "statement of truth" and that would stand up in court doesn't seem right, but I'm no legal expert. Can I make them provide evidence of damage and subsequent repairs? I'm confident neither will exist. Thanks for your help. I hope the pictures are not too blured. Will reupload later if they are. Letter 1 http://s4.postimg.org/47gl21trx/letter1.jpg Letter 2 http://s21.postimg.org/gjd713n2v/letter2.jpg
  17. Hello Friends, Can civil mediation be used to recover the the statutory penalty (1-3x Deposit) for late protection of tenants deposit? Thanks
  18. I've had a letter, from a solicitors practice, this morning. For an "unpaid Civil Parking Charge" GPB Solicitors, Stratford upon avon They want £78 Is this a Local authority instruction type, or a fancy way of sqeezing money for a Parking charge notice?
  19. Hi.. To make a long story short. Card was PIN blocked. I was away from home for a few weeks. Signed form at station. Didn't make deadline and now I have a civil recovery letter. From past experience I am aware that these bullies are best ignored. Should I ignore them on this too?
  20. Hope this is the right forum - CAG might like to know that the CPR are about to be changed. This is what came out of the Jackson review so there are a lot of changes. See http://www.legislation.gov.uk/uksi/2013/262/made. The changes take effect on 1 April 2013. The following struck me as the main changes: The small claims track threshold is going up from £5,000 to £10,000. A stricter approach to case management. There is provision for the court to contact the parties to monitor compliance with directions, so I guess the courts will be getting more proactive. A stricter approach to breach of court orders. The language around sanctions has been tightened. I suspect people who don't comply with court orders will soon be more likely to find that their claims get struck out. The AQ is being replaced by a "directions questionnaire". Don't know what this will look like but presumably it will be more detailed than what we have at the moment. When asking for permission to appoint an expert, you must give a costs estimate for that expert.
  21. Hi I'm doing some research on this topic and was wondering if there was definitive list of retailers who had signed up to this scheme? Additionally does anyone have any examples of the types of letters that are sent that they could scan up? Any help would be much appreciated Thank you
  22. Hello everybody! I need help... Some days ago, my girlfriend stole something at Primark for 29 £, so security guards stopped her and they called the police. Police officer came, but he warned her against this kind of behavior, but without doing nothing more, because there was no prior history on the database. However, she received an information sheet about RLP taking civil recovery. I'm not English, so I don't really know how it works. I will be very happy if someone explain that to me. She left her english address, but, because of her upset, she gave her old address: how can she communicate the new one? Anyway, the most important questions are the following: 1) Can you give an idea of the amount she has to pay? 2)How long does the letter take to be received? Thank you all in anticipation.
  23. Hi. I seem to have got myself into a dispute with Excel Civil Enforcement and their Bailiff about a Magistrates court fine and the charges imposed by the company. The fine has been paid and the dispute is about the charges Excel are trying to collect on a Distress Warrant when no Distress has been carried out. Anyway although I can deal with this myself. I was just wondering if anyone knew why Excel would send me a reply email to an enquire I made regarding the costs marked. *****SPAM***** They inserted this heading themselves and I can only think that they would do this because they can actually lie under that heading?? Can you lie if you yourself mark emails as spam or Does anyone know of another reason why they would do this? thanks hope
  24. Cananyone advise if CRS Civil Recovery solutions UKCRS, PO Box 9877, Nottingham, NG1 9GB Are they part of, or formally the company trading as “Retail Loss Prevention”. ? I am pre-empting the possible letter from them seeking civil loss claim from them which I anticipate arriving shortly. Are CRS in a position to recover any form of debt / compensation after being served a “Notice of Civil Recovery” by a store security guard? A fixed penalty notice for £80 was issued by a police officer relating to the DA12 offence (theft) I have paid the Fixed penalty notice. as I want a prompt closure to this matter. The offence was NOT pre planned - was a gnuine oversight / lapse of concentration, lots of things on my mind ,after having had several (seven) operations / procedures to my eye in the last 12 months, this following a serious assault in public house, more treatment planned in the near future, and still under care and medication for stress / depression and anxiety, my GP is willing to substantiate in a letter. I purchased several items to the value of £48 plus, and forgot one item I had placed in my coat pocket value £16.98 as I was struggling to hold all the items in my hands. Genuine error (50 plus years old -no criminal record – yes I walked out of the store with a unpaid item in my pocket – when challenged by security realised my error and offered to pay – they detained me for over a hour (whilst the police arrived) in a small room used to house cctv monitioring equipment, cold , confined area, door covered by security person all the time Should I respond as in early forum answers , that there is no debt and quote the example of “Oxford Court Case” Retailer v Ms K and Ms B ? Or should I proffer a small arbitrary sum ? Your suggestions / advise / experiance would be appreciated please
  25. Had a letter Stating that 'We are in possession of a warrant of execution issued under authority of the county Court Traffic enforcment centre in respect of an unpaid Penalty Charge Notice. THe warrant empowers us to enter your porperty and sieze goods remover them and sell them at public auction. If you do not pay within 7 days it will be necessary etc etc. Can anyone give me some advice on this the amount they are demanding is £270. What should i do can i do. My detail etc are correct. Worried
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