Templates Initial response

[JonCris]

Upon receipt of their demand this letter should be sent, special delivery, to both the civil recovery firm AND their client.

 

 

 

Please note that it's important that you let us know when you have received a response Thanks

 

Your address

 

Retailer full name and address

 

fao Head of Legal

 

 

cc Civil recovery firm “Agent” (Drydens or RLP etc)

 

agent address

 

 

 

Their Reference:

 

Your Reference:

 

 

 

date

 

Dear Retailer

 

 

URGENT: retailer v name - Interlocutory Requirements

 

 

1. I refer to the Letter of Claim dated date from Agent name, acting as agent for Claimant and advise you that I have sought advice and require that you comply with the following:-

 

2. Until service of claim form, kindly read “Claimant” as shorthand for “Intended Claimant” and “Defendant” for “Intended Defendant” in the matter already initiated by Claimant. Should Claimant fail to file claim within 30 days of Defendant’s Responses, or Claimant fail to comply with these interlocutory requirements within the time limit set out below, Defendant with a view to interim relief immediately may issue a claim form against Claimant and so these roles will be exchanged, with Agent either becoming Second Defendant or simply ignored as Claimant’s publicity avoidance vehicle.

 

3. This letter addresses interlocutory matters. Therefore this letter is not part of pre-action correspondence in respect of the merits of my civil case in damages. Rather it deals with interim relief and is a necessary prerequisite for any further correspondence before action on those civil merits. Agent will already fully appreciate the legal risks it has undertaken but in fairness to Claimant, whose senior management and directors may not yet realise they are joined at the hip with Agent in what amounts in criminal terms to a joint enterprise, I set it out in detail. It concerns CCTV evidence, audio evidence, and personal data, which are critical for the parties in the case and on which Defendant relies and on which Claimant says it relies, as of course it must in order to retain any credibility.

 

4. Defendant in the instant case requires Claimant to undertake to preserve all CCTV and audio evidence for all material times and for the entire store relating to this action alternatively criminal prosecution that may be in the possession and/or control of Claimant its directors agents and employees, until Judgment or an Order. As goes without saying for retailers’ public areas and their “interview” rooms where suspects are detained and interrogated by store security and by the police, the relevant evidence exists. See also paragraph (9) below.

 

5. Irrespective of any prospective Application or interim or final Orders, TAKE NOTE any failure by Claimant its directors agents and employees to comply with the substance of Defendant’s CCTV and audio evidence retention requirements, or to frustrate them in any way by acts of commission or of omission, will result in serious consequences outwith this action, namely indictment for the offence at common law of conduct tending and intended to pervert the course of justice. As you already are aware, the existence or status of any legal proceedings is irrelevant to this offence, as are any beliefs of the persons committing the act that they may be doing justice.

 

6. Accordingly, if any of the CCTV or audio evidence for the instant case is at any time, or already has been, destroyed or edited, then irrespective of any stated reason for such processing Claimant its agents and employees including its senior managers and directors will remain, or already are, liable for this offence. I remind you the offence carries a maximum sentence of life imprisonment and a fine. In fairness, it may assist you to know that since R v Dane any director disqualification period associated with perversion likely would be substantially less than for an ordinary civil action under section 6 Company Directors Disqualification Act 1986.

 

7. Further, Defendant in the instant case likewise requires Claimant and Agent immediately to undertake that they their directors employees and agents have not divulged and will not divulge any information, held about Defendant to anybody, other than Claimant, Defendant, and/or their respective legal advisors/representatives. See also paragraph (9) below.

 

8. Further, under s 10 Data Protection Act 1998 taking into account my Articles 6 and 8 Convention Rights Defendant requires Claimant, Agent, their directors, employees, subsidiaries, and agents immediately to cease processing (including retaining for any purpose other than specifically this legal action under the s 35 exemption), all of Defendant’s personal data including but not limited to visual images, film images, facial recognition profile data, and voice recognition profile data, and to procure that any others to whom they have communicated the data likewise cease processing it.

 

9. Irrespective of any prospective Application or interim or final Orders or our multiple claims in tort and statute against Claimant, TAKE NOTE any failure by Agent or by Claimant or any of its other agents to comply with the substance of Defendant’s requirements set out above, or to frustrate or attempt to frustrate these in any way by acts of commission or omission, may result in additional complaints to the police against both Agent and Claimant regarding another count of perversion of the course of justice (on grounds of multiple prejudice to Defendant’s defences in any possible future criminal trial on any subject matter at all), and their many statutory offences which for brevity I will not particularise in this letter.

 

10. Further, any failure by either Agent or Claimant, immediately to make undertakings per Defendant’s requirements, will result in issue of a claim form and an immediate interim Application against Agent and/or Claimant (depending on undertakings received) for Orders drafted in terms similar to those undertakings.

 

11. Therefore I look forward to receiving, in Agent’s and Claimant’s own interests, a full reply to this letter within 7 days of the date of this letter to yourselves. Under these circumstances, in response to any failure to comply with the substantive requirements or the time limit we reiterate Defendant will have no alternative to serving a claim form with a view to interim injunctive relief at Defendant’s earliest convenience (subject to availability of our McKenzie Friend) and without further correspondence.

 

12. Please note that as Defendant we will seek, among other remedies not within the scope of this interlocutory letter, final injunctive relief against Claimant, it will be wholly insufficient remedy for Claimant simply to withdraw its action.

 

Yours faithfully

 

 

 

name

Defendant

[jasper77]

Thanks Jon, but I think I'll give up. I don't think anything will happen, just waste of time. Anyway, thanks a lot for your help!

[labrat]

jasper dont give in

 

im NOT a legal expert however as far as i can see:-

 

this is an EXCELLENT peice of work by jon cris

 

what it boils down to is

 

- reminding the stores involved that they are held jointly actionable (and therefore share any adverse results) from whatever action they set off

 

- if they fail to respond to this letter within 30 days states you can start action against THEM, or both them and the store

 

-states that you will start procedings for "peversion of the course of justice" for distruction of any evidence including cctv and witness statments

 

- stops them processing (i.e. passing on) your information to potential employers and the such

 

- states that they cannot simply drop the case they must deal with the issues

 

and congradulations on an excellent letter

[JonCris]

Thanks Jon, but I think I'll give up. I don't think anything will happen, just waste of time. Anyway, thanks a lot for your help!

 

Of course it's your decision but something will happen Your adverse data will go onto their data base to be shared with anyone who will pay for their services

[Rhode]

The letter that I got from RLP said that if I pay in full within the time period that they set I would only have to pay 110 pounds instead of the intended 137.5. I'm not going to argue that I was in the wrong for stealing but now with this letter I'm a little confused.

 

So should I just pay the fine and not argue? Is the intention of the letter basically to stop them from placing my information on their database?

[havinastella]

The letter that I got from RLP said that if I pay in full within the time period that they set I would only have to pay 110 pounds instead of the intended 137.5. I'm not going to argue that I was in the wrong for stealing but now with this letter I'm a little confused.

 

So should I just pay the fine and not argue? Is the intention of the letter basically to stop them from placing my information on their database?

 

 

IT's not a fine.

 

Only a court can FINE you.

 

Why don't I just send you a letter telling you to pay me £1000. But if you pay it tomorrow, just send me £800.

 

There is NO cause of action, the letter that has been posted telss the muppets this.

[JonCris]

The letter that I got from RLP said that if I pay in full within the time period that they set I would only have to pay 110 pounds instead of the intended 137.5. I'm not going to argue that I was in the wrong for stealing but now with this letter I'm a little confused.

 

So should I just pay the fine and not argue? Is the intention of the letter basically to stop them from placing my information on their database?

 

Whether you pay or NOT your details WILL go on their database & they consider payment as a confirmation of guilt.

 

As for what you should do no one can advise you one way or the other It's upto you however if your going to challenge at least their right to process your data then you must be prepared for a lengthy fight but for which help is available

[JonCris]

PS I would prefer if members started their own threads rather then bury this template

 

Martin, Booky or SP can you make this template section a sticky please

[JonCris]

Anyone who receives a particularly verbose letter from RLP quoting CPR etc please let me know

 

Anyone who receives a document which claims to be a 'defence form' "for your completion" again let me know:D

Edited February 23, 2010 by JonCris