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    • 20210121_141933.pdf   I received a letter from the 7th saying their client is willing to conclude this matter and to contact them. The only other letter I received is attached as PDF. If its not this one, I dont think i got it through the post yet.  
    • Well before you can determine if its Statute Barred you need to find out what it is......do they refer to an account number ? If so send them a CCA request section 78...see if that throws any light on the alleged debt.   Andy
    • Hello All - I've received a letter today from Cabot Financial advising that they are passing on a debt to Global Debt Recovery Ltd as they haven't been able to contact me. I haven't received any letters from Cabot for a couple of years and those letters didn't quote any amount like £7000. I haven't ever contacted Cabot either. My address hasn't changed for over 10 years.   The letter states that the outstanding balance is around £7000 and the Original lender according to this letter is SAV Credit. I don't recognise this debt amount as I've never had a credit card with that sort of credit amount (4000 was my max limit) and I don't recognise 'SAV Credit'. I've checked my credit file and nothing new has been added. I have one CCJ granted in 2015 for £3500 which I assume expires at the end of this year.   On the other side of the same letter Global Debt Recovery are asking me to contact them to arrange a repayment on this debt. My financial problems are from around 2012/2013 and I'm sure I was unable to make any repayments to my debts from around that time so I'm assuming that this would make this debt 'statute barred' anyway. I was made redundant a few years ago and I'm on Universal Credit at the moment and have no way of paying this kind of money. I'm not too keen on just ignoring this type of letter as that has caused me problems in the past.   Would appreciate any advice Thank you           
    • mrabody   No loss, just general damages as per Durkin.   The bank has already paid out £750 for the distress and inconvenience they've caused in taking too long to mark the account as settled and passing the debt onto a DCA. However, they would not accept damage to the credit status from 2014 even after admitting that the account should have had a default status and that the same would have fallen off in 2014.   Ill post their letters when I receive the contents of my DSAR.             
    • forget the texts and emails...irrelevant, dont lambast him too hard about doing the right thing by ignoring them.   as to where you go. yours is not the next move. other than gather/await then digest all the info.   dx  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

TK MAX and RLP -PRICE SWITCH WOOLY JACKET


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not so anymore after 9/11 7/7.

do some reading.

same powers as you and me.

 

personally i think it is disgusting that some members are 'defending' the actions of a thief!

 

unsubscribing

 

dx

 

And me. I would have thought that the usual post from a mod saying "we do not support criminal / dishonest behaviour" would have appeared before now. Especially when the act is admitted to.

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No longer a mod, as you know, but I can say it anyway: No, the site doesn't condone/support criminal/dishonest behaviour. But I would argue this applies to the (allegedly) dishonest behaviour on both sides. Like I said higher up, 2 wrongs don't do a right.

 

What if RLP's policy instead of imposing a big fine (oh, sorry, recovering their "costs" :rolleyes:) was stoning the alleged culprit? Would that be acceptable? Of course not.

 

We are talking of a private company imposing a civil penalty on a presumption of guilt, all of which stinks to high heaven.

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I have been privately assisting 2 people with this over the last few weeks.They are not members of CAG.

I hope to post the results soon.

In the meantime I can only say that they have been challenged to provide the evidence,in the form of a breakdown of the costs associated with the £250 fee.

Disappointingly so far in each of the cases,they have failed to do so,despite a number of requests.

They are very quick to point out pre action protocols,and yet do not appear to be as quick to comply with the same protocols when asked for information in advance of intended litigation...that is a requirement in enabling both sides to have equal footing,in allowing a defendant those things they may use as part of any defence.

 

Now where did we read about similar scenarios in the not too distant past ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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OK, so you admit you are guilty. The issue is raised by the practices of RLP.

 

So why dont you write to the store concerned (or their head office) and ask them for a breakdown of costs incurred by them during your time in their custody.

 

That way at least you dont risk them taking you to court, nor do you 'line the coffers' of rlp. the store will make an approximation of what they actually lost in time and effort with dealing with you, and any other costs they actually incurred as a result of your wrongdoing.

All opinions & information are the personal view of the poster, and are not that of any organisation, company or employer. Any information disclosed by the poster is for personal use only. Permission to process this data under the Data Protection act is NOT GIVEN to any company, only personal readers.

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The post on here or/and RLP have got something wrong.

 

Civil Recover is the recovery of the 'proceeds of crime' and no crime has taken place. They should have waited until the goods passed through the till, and until such time as it had passed through the till, no crime was commited so no 'civil recovery' can take place.

 

Intention is not relevent here. Civil recovery is not about the recover of 'intended' proceeds of crime, but the 'proceeds' of crime, and until the crime has taken place, there are no proceeds.

 

RLP themselves say:

 

There is a mistaken belief that just because a company recovers its property following a theft it has suffered no loss.

 

Switching tags is not theft, that may be what is intended, but it is not theft, the switching of tags is not theft until it passes through the till and the act is complete.

 

Rlp also show the **** they are with typical DCA type of misleading statements.

 

If you fail to pay the compensation sought, our client reserves the right to commence legal proceedings to recover all of their financial losses, together with costs and interest. If a Court Judgment/Decree is obtained, this is likely to adversely affect your ability to obtain credit in the future. Bankruptcy proceedings may also be instigated.

 

You can't start bankruptcy for less than £750.

Edited by Conniff
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and no crime has taken place.

sorry conff I disagree - the act of switching tags - with the INTENT of gaining monetary advantage is in itself a crime.

 

the switching of tags is not theft until it passes through the till and the act is complete.

 

also incorrect as to the letter of the law.

 

but as you say we are now not talking about crime but the civil proceedings that follow the RLP and in this they are typically acting true to form.

 

They intimidate and threaten - not quite demanding money with meneces but damn close

 

Indeed since they are threateaning something that is not a legal remedy they can employ this may even be seen as such.

Opinions are offered in good faith based upon personal experience and research. Before making any irreversible decisions the opinion of a qualified, registered and insured legal professional should be sought.

 

If my advice or information has assisted you in any way - please click my scales.

 

thanks

 

Nat West Charges £1056 WON

RBS Charges £3600 WON

RBS Unenforceable Loan £18500 Pending

RBS PPI on loan above Pending

MBNA Credit Card CCA & SAR Sent

Co-op Credit Card CCA Sent

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Oh - I am appaently still subscribed, but well said Flying Doc on the crime element.

 

As to the civil side and the actions of RLP, I am someone who holds them in contempt. However, their actions are as a result of a deliberate and acknowledged guilty act. As Mr Burns might say, "Smithers - release the hounds!" I do however believe that such hounds should behave in a decent manner.

 

The OP should act within the law and expect RLP to do so as well. Their actions however, if unjustified, do not negate the original act, and should be treated as a separate action accordingly.

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