MY RLP case has returned after 8 months. Help please.

[ItsEssexRob]

This is my previous thread http://www.consumeractiongroup.co.uk/forum/showthread.php?303042-Accused-of-Theft-price-swap.

 

I thought this was done and dusted but RLP think otherwise.

 

This is the most recent letter they sent me.

 

(the first bit is the same as always is)

 

We refer to the above matter, and that it remains outstanding. You have not engaged in any pre-action correspondence, or made any attempt to address this matter despite us writing to you on multiple occasions. Ignoring this matter will not make it go away.

 

You are aware from our previous correspondence that our client exercises its civil rights of redress, mainly as a deterrent to future incidents. Whilst you do not deny your actions, you have failed to demonstrate any remorse for your wrongful action. Neither have you offered any reasonable explanation for your conduct, which whilst there is no legal obligation to do so, our client has been willing to take into account. Our client is an ethical company and has a clear understanding of the wide number of reasons incidents such as this occur.

 

It has been some time since we have written to you as we have been reviewing your case with our client to determine the most appropriate cause of action. Given that you have not responded we have only been able to take into account the information that was reported at the time of the incident. As you have not contacted us to advise us of anything to the contrary we can only assume the information we have is a full and accurate account of the incident.

 

Furthermore. in the absence of any representation, we are unable to advise our client of any mitigating circumstances. We are instructed that you were observed by security personnel removing reduced price labels from reduced goods and placing them onto full priced goods. You were further observed selecting Cheese to the vlue of £1.95 and concealing it into your bag ( was actually under my bag for life, not inside.) You then approached the payment point and presented the originally full priced stock for payment at the fraudulently reduced price, and making no attempt at all to pay for the cheese.

 

The police were then called and you accepted a Fixed Penalty Notice in conclusion of the criminal proceeding only arising out of this incident. Before offering you a fixed penalty, the Police Officer was obliged to comply with certain conditions. The Police Officer had to have seen evidence of the theft sufficient to report the matter to the crown prosecution service for criminal prosecution. Further, the nature and meaning of the fixed penalty was notified to you. You had the choice to accept this and to pay the fine, or to refuse the Fixed Penalty, and take your chances having your case heard by the Magistrates( or crown court). Your acceptance of the Fixed Penalty Notice may be relied upon as evidence in the civil claim, and is sufficient to establish liability for conversion and trespass.

 

We also advise you that a Fixed Penalty Notice is paid to the crown and does not compensate our client in any way for losses incurred. As such the civil claim for compensation remains outstanding.

 

We note at the time of the incident in addition to admitting your wrongful actions on this occasion you advised our client that you had commited similar wrongful acts in store on a regular basis ( rubbish why on earth would I have said that unless they had known 100%?) In light of this admission our client requires you to take responsiblity for your actions. We have however been instructed to allow you a final opportunity to contact us before our client decides how to proceed with this claim.

 

Our client is an ethical company and has considered that at the time of the incident you were upset and remorseful. We are instructed that you informed security personnel that you were a new parent and struggling financially. In addition to this you were issued with an £80.00 Fixed Penalty Notice which may have further added to your financial hardship. If you have any fanancial issued (sic) or mitigating circumstances you would like our client to take into account in decided(sic) how to proceed with this claim, whilst there is no obligation on our client to do so, they will take these into account if you advise us and provide evidence in support.

 

If you do not have any circumstances that you feel are relevant, we urge you to comply with the civil proceedure rules 1998 and Practise Direction for Pre-action Conduct, to enter into pre-action correspondance in an attempt to settle this matter without the need for court action.

 

Your options now are to :

 

Advise of any circumstances you wish our client to take into account.

 

Pay the amount by one of the methods detailed overleaf.

 

Set up a settlement agreement to enable you to pay by installments, please see overleaf.

 

 

Our client does not regard Alternative Dispute Resolution ( ADR) as a suitable option given the value of the claim. Our client is however willing to negotiate a settlement if you contact our collections department. Please see overleaf.

 

If you reject all of these alternatives our client will be entitled to issue a claim in the county court. If proceedings are issued, your liability will increase due to the addition court fees, legal costs, and interest which is accruing at the rate of 8% per annum. If you wish to defend the claim, you will be required to file a formal defence, disclose any documents which are relevant, and file witness statements setting out your evidence of events. A judge would then consider the evidence at a trial and hear representations from both parties. Both parties are required to consider all other options before resorting to formal court proceedings.

 

Please confirm which of these options you wish to persue within 21 days from the date of this letter.

 

You should take independant legal advice about your position if in doubt. You may be entitled to free legal advice from a law firm which holds a Public Funding Franchise, like the old legal aid scheme, or a law centre or other advice agency.

 

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What should I do now? Do I still ignore them? I am concerned after hearing about several cases RLP have won.

 

Should I reply to them, or even go into the tescos and speak with them?

 

The silly thing is if Tesco had simply asked me there and then pay the value of the goods even if they were lost ( which was about £30.00) then I would have. I am not however willing to pay extortionate costs to criminal companies.

[stargazerlily]

What a nightmare Rob! Hope someone can advise you what to do. To pop up after eight months, how strange and so needless. As you say, if they had allowed you just to pay at the time, they obviously want their pound of flesh.

[dx100uk]

more absolute rubbish!!

 

just tryng to spoof you ino paying through associated guilt!!

 

 

dx

[andydd]

Hi there.

 

I'm not convinced that RLP do actually follow the Pre-Action Protocol procedures as laid down by CPR, here > http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct#IDAVZA2 (Mostly Annex A), but its upto you if you want to, although it has little revelance in the real world because a) IMO, most Judges dont appear overly concerned whether the parties have or have not followed it and b) it only really has relevance on the issue of costs which are very limited on the small track.

 

However you make like to follow the procedure, I would reply, trying to follow the questions in Annex A, denying any liabilty to the store/RLP and pointing out there there appears to be no case law allowing for such damages, and mention the recent Oxford case, that really should be an end of the matter, although RLP have been known to reply further with bizarre letters about the Magna Carta, etc.

 

Andy

[ItsEssexRob]

I just wondered, and by all means shoot me down and tell me I must NOT reply again to them if thats still the case.

 

Is it worth me sending a second letter ( my first being about 3 months after the incident denying any liability.) stating something along the lines of.

 

 

I refert to the recent oxfordshire case, where this was effectively what the judge ruled. If any further action is taken I will be filing a defence equal to that of said case. Therefore I am offering to pay £1.95 to your client for the Cheese and as a conclusion to this matter'

 

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Is it worth me posting them a letter saying something similar to this? ( would like caggers to re word it for me if they think it is a good idea) Or should I still reply with absolutely nothing? Just feeling they need to know I would be defending it to the hilt.

 

Thanks

 

Rob

[andydd]

I just wondered, and by all means shoot me down and tell me I must NOT reply again to them if thats still the case.

 

Is it worth me sending a second letter ( my first being about 3 months after the incident denying any liability.) stating something along the lines of.

 

 

I refert to the recent oxfordshire case, where this was effectively what the judge ruled. If any further action is taken I will be filing a defence equal to that of said case. Therefore I am offering to pay £1.95 to your client for the Cheese and as a conclusion to this matter'

 

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Is it worth me posting them a letter saying something similar to this? ( would like caggers to re word it for me if they think it is a good idea) Or should I still reply with absolutely nothing? Just feeling they need to know I would be defending it to the hilt.

 

Thanks

 

Rob

 

Ive edited your post, there is no need to reply to RLP with such comments and in my opinion attempting to be a bit clever and enter legal arguments before any legal action could backfire.

 

Either send no reply or if you want to correspond try and follow the protocol listed above, this enables both sides to put forward their views, eveidence, etc but without getting any complex legalities.

 

IMO the best step is to follow the pre-action protocol, which has the steps/questions prepared for you, and of course point out that you do not believe that they have a valid case in law, the arguments they have previously relied upon having been now been examined and dismissed in Oxford .

 

Andy

[2Grumpy]

Or another straightforward denial of any liability to them or their client ...

[ItsEssexRob]

Ive edited your post, there is no need to reply to RLP with such comments and in my opinion attempting to be a bit clever and enter legal arguments before any legal action could backfire.

 

Either send no reply or if you want to correspond try and follow the protocol listed above, this enables both sides to put forward their views, eveidence, etc but without getting any complex legalities.

 

IMO the best step is to follow the pre-action protocol, which has the steps/questions prepared for you, and of course point out that you do not believe that they have a valid case in law, the arguments they have previously relied upon having been now been examined and dismissed in Oxford .

 

Andy

 

So you reccommend I send them a letter simply stating ' I do not believe that this invoice has any valid case in law, these claims and arguements have been previously relied upon and examined and dismissed in Oxford' Should I word it exactly like that ( I am inexperienced in wording letters to state this kind of case you see so kind of need help in writing the thing word for word almost.

 

Thanks for help

 

Rob

[andydd]

I'd keep it simple.

 

"I deny any liabilty to RLP and/or your client. I do not believe that there is any legal basis for you/your client to recover such damages, I refer you to the recent Judgment in Oxford County Court."

 

Andy