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    • Hello, I wasn't able to update the defence, so they got the daft one.  Pra Group have responded dated 25th April saying they intend to proceed with claim. I have also received a stack of documents, similar to last time - print outs of old statements, but this time around they have send me a copy of the Barclay Card Conditions. Unsigned and dated. The address is an old address.  A consumer credit agreement with current address. Pages of it and no signature. I have uploaded onto a PDF what I have. The CCA agreement looks like a generic print out, I5 pages + long, I've included the 1st page that had my details on (redacted) don't know if its necessary to upload all of it.  Barclays 26042024.pdf
    • I suggested consideration of bankruptcy some years ago. It was not well received.
    • That is a superb WS. However, I have a few tweaks to suggest. In (2) "indicating" not "indication". I think to be consistent with your numbering, in (6) the Beavis case should be EXHIBIT 2. Do you really need to include over 100 pages of Beavis?  I think that would be likely to annoy the judge.  Just try and find the bit where they decide it was not a penalty due to having an interest in limiting the time that vehicles can stay. I'll have a look myself for this bit later as it's highly likely to be in WSs from PPCs who think that that paragraph means all their charges are valid always on every occasion. After your current (7) add this.  It's always useful to refer to a judgment when making a legal point - 8.  In the case PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “No parking at any time”, District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”.   In (14) if my maths are right the CPR request should be "EXHIBIT 3".  it is missing from your list of exhibits. In (16) the two figures should be £100 and £170.  They are entitled to increase fro,m £60 to £100, they are not entitled to increase to £170.  To make it clear for the judge I would write - 16. The Claimant has artificially inflated their claim for a £100 invoice to £170. This is simply a poor attempt to circumvent the legal costs cap at small claims. 17. The Claimant has also invented a second fictitious charge, for legal representative's costs, when they have no legal representative. You also need ot number your exhibits. The rest is excellent - well done.
    • Did you ever think of walking away? Become bankrupt and in 12 months it'll all be behind you. My feeling is that you may well get nothing from the sale of the property anyway. Going by the date this thread started it looks like eight years of arrears, lender's costs and receiver’s fees on top.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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civil recovery for shoplifting


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no you are not liable in any way; in fact they may have a job sueing ( civil action ) anybody under the age of 18 ( age of majority ) in law; but you will get some demanding and threatening letters.

so it would be up to her if she pays or bluffs it out.

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i do think that the amount of fine is severe(she is 17)

 

If you reckon that an arrest is the softer option, take them up on that.

 

This is all eventually a question of supply and demand. Were every person accused of an offence to insist on the right to a day in court, RLP would be out of business.

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  • 3 weeks later...

I havent been on in a while unfortunatly, but i see everyone is unhappy. At the end of the day, security officers issue civil recovery. Solicitors then take on the case and proceed to collect the specified amount. When people dont pay, it goes to court. I see this on a day to day basis and lots of people do pay it. Correct me if im wrong but does this not affect your credit rating?? I like to see the maturity of people on this site. I was only explaining what happens on a day to day basis in many stores, large and small. I am pretty offended that i was targeted because of the post i wrote. If your unhappy with what i said, target the retailers who are doing this. I merely worked for them and was doing as instructed.

 

Do i agree with civil recovery?? Yes and no. If the courts find you guilty of the offence then yes. If not, then no such fine should be issued.

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i have had the same thing,just found out today that my daughter had been caught shoplifting,god knows why as she has always been well provided for,from a good background and works hard at college,anyway she was caught with a £5 tester foundation at boots,they told her she could either accept a fine or be arrested and end up having a criminal record,she was scared of me and her father finding out so she opted for the fine,we found out when a letter arrived to say that she had to pay £137.50,as she has no income are we as parents liable to pay this,any info would be grateful,fair enough i agree with what companies are doing to re-coup money from shoplifters and do not condone what she did,and i know she is ashamed of herself too,but i do think that the amount of fine is severe(she is 17)

 

I worked for boots and i have issued fines numerous times. Ask them to prove your daughter commited the offence, if they cant, then they should write off the fine.

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A reminder regarding the status of RLP etc:

RLP do not issue “Fines”. They issue speculative invoices. The value of these invoices bears no relationship to any actual costs.

RLP have never taken anyone to court (in any event I think that the retailer would be the one to do that, if they could prove any losses)

A police caution is not an admission of guilt

Even if you had been convicted of the shoplifting offence in the courts, it would still be possible to challenge the value claimed.

The tactic that has been working is to reply with a single short (1 sentence) letter that does not mention any circumstances etc , denying any liability to them or their clients, nothing else, no explanations, then ignoring any future letters.

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I worked for boots and i have issued fines numerous times. Ask them to prove your daughter commited the offence, if they cant, then they should write off the fine.

 

As has already been pointed out, you have not, and indeed cannot, issue fines - only a Court can issue a 'fine'.

 

What you have issued many times, is an invoice which invites the person concerned to pay a sum of money in order to avoid a possible civil action.

 

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  • 4 weeks later...
  • 2 months later...

I have had the same thing, had been cought shoplifting item 12£. There was no police involved, i didn't sign anything. They let me pay for item and to take it with me. I apologized and they let me go. Now i recived letter (see link). Letter seys that this is Third settlement offer, but it actually first letter from them. I never received anything from them. I am mother of two i am unemployed i can't afford to pay that sum of money just before christmas. Please help me . I don't know what to do. Maybe on first letter was less than 150 £ to pay......but i didn'

t see it.

CIMG9827.jpg

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  • 5 years later...

thread closed to stop innocent newbie bumping.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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