RLP-ARGOS advice please

[Coachdriver01]

Hi everyone

 

Before i start i'd just like to say i'm not here to be judged by other users i would just like a little advice.

 

Ok down to business

 

I got a part time xmas temp job at Argos in November after losing my previous job in July through ill health.

 

After xmas when things were extremely hard financially and my contracted hours being dropped to 6 hours a week I allegedly stole a few high value items from Argos with the intention of selling them on in an attempt to keep my head above water.

the police were called. The items allegedly stolen were rerturned. The returned items were in totally un-used condition but without the boxes as they had been removed from the boxes prior to removing them from the store.

 

I received a caution from the police as the claimed stolen items were returned and had my employment with Argos terminated.

 

I have now received a letter from RPL claiming....

 

Total value of goods/monies/services-------------£1003.95

Recovered goods/monies/service-----------------£ 0.00

Value of unrecovered or unfit for resale goods----£ 1003.95

Staff/management time-------------------------£ 50.00

Admin costs------------------------------------£ 0.00

Security and surveillance------------------------£ 0.00

TOTAL -----------------------------------------£ 1053.95

 

If i pay within 21days i get a huge £10 discount.

 

I'd just like a little advice on what i should do before I call them, considering i returned all the stolen items.

Yes i stole the stuff, yes i admitted it, yes i agree to some losses for Argos' but should i really have to pay the full price for all the items.

 

Also if argos are saying that the goods are not saleable therefore i should pay for them then shouldnt i be entitled to the goods ????????

 

Any advice would be greatly appreciated

Edited June 30, 2010 by Coachdriver01

[Conniff]

Don't call them unless you can record the phone call. Write recorded delivery.

 

If they are claiming the cost of the goods, then you have a right to those goods.

 

Again, this is a case of conviction and sentence outside of the law, they cannot convict you even if you admit guilt, only a court of law can do that.

 

You should write and ask for a complete breakdown of the bill including a list of items claimed 'unrecovered/unfit for resale'. Ask for a listing seperately of the unrecovered from the unfit for resale items.

Edited February 20, 2010 by Conniff

[Coachdriver01]

Many thanks for your response.

 

I already have a list of items from Argos which totals £5 more than RLP are stating it is.

 

Should I challenge the fact that Argos received everything back so the costs should be a fraction of what they're asking or should I just ask for the goods and pay what they are demanding.

 

The only reason the items are possibly un-resaleable is the fact they do not have boxes

[Conniff]

Which of course they aren't, they will probably put them in a sale.

 

Is the bill representative of the retail cost of the items?

 

Have you got a banning order from them and does it mention 'Stealing' or words to that affect?

[Coachdriver01]

Yes the bill represents the retail value if the items at the time. At least one of the items in now discontinued.

 

I was banned from Argos whilst I was suspended on full pay awaiting a disciplinary hearing. After the hearing and my dismissal the letter I got from Argos stated the reasoning for my dismissal but did not mention any banning order

[Electriceel]

Well i'm afraid my advise is pay up,employees who behave like this are putting up the prices of basic Argos lines to honest punters-who even when times are incredibly hard,would never steal.

[lookinforinfo]

Electriceel, I assume as you have cast the first stone, you must be free from from sin, as the saying goes. But are you? Have you never broken a Law; never exceeded the speed limit; found cash in the street and not handed it in; not pointed out that you have been overpaid when been given change; kept quiet about something because the offender was a mate or a relative-etc etc.

 

In no way am I condoning what Coachdriver did. But do you think it would be right that a company like Argos, who could claim against an insurance policy for just such an eventuality, and who would be able to lessen their loss by writing the amount off to tax

are acting lawfully by charging so much more than a Court would charge were it CDs first offence?

[electron99]

Strictly speaking, the loss Argos has made is not the full retail price, but the wholesale price they bought in at, less the income from selling them off cheaply, either to the public or staff.

 

I would be tempted to ignore RLP letters, or at the very most asked them to prove the loss they are claiming, especially as RLP not acting for free, and a good portion of what they are asking would be their recovery charges.

[MARTIN3030]

I would be more inclined to put this to Argos and send a copy of RLPs demand.

My guess is that Argos would be hard pressed to substantiate why RLP are demandiong the full prices when the goods have been returned.

[Coachdriver01]

Many thanks for your advice.

 

Think I will ignore RLP initially and write to Argos asking them substanciate RLP's demands even though the letter states I should not contact Argos, but then I guess it would !!!!

[MARTIN3030]

Yes its obvious why they are saying that.

We had a similar case here in respect of Boots.When the person contacted Boots-their response was interesting.

I think the important thing here is that your letter to Boots is looked into by the right person/persons to respond.

[Matt jay]

Well nothing worse then getting caught I know first hand. I got a similar problem but not as bad.

 

Me and my girl friend went into Asda doing our shopping.We had some sushi from outside the store that we started eating once we got in the store. Put the empty sushi tray in one of the rubbish piles (it was late so they had loads of rubbish lying around). We get to the till after carefully calculating what we got (were students) I go to get some asprin for this head ace I couldn't get rid of.

 

Well that put us over our budget so I thought the hell with it I'll just take it. One item they won't notice only £1.50 anyway. So we get to the exit and the security asked me if I took anything.

 

I say no so he asks if I can come with him and not really wanting to run for it I go with him.

 

He takes me into a little room asks me again and I say no. Then he says I'm going to giv u one last chance so I think the hell with it and say yeah ok I took something. I take the aspirin out of my pocket and he then tells me that he only thought I took the sushi.

 

I tell him it wasn't from the store but am now caught with aspirin. He tells me he didn't know I took that so I gav my self away.

 

So I get a 6 month ban he take a pic of me and I fill in a few forms.

 

About a week later I get a letter say I owe £150 for security coast. This guy spoke to me for a bout 5 mins how could that cast £150.

 

I gave him my mum's address and my name.

 

So should I pay even though the asprin was not damaged in any way and was returned before I even left the store?

 

I'm thinking no but they are saying the amount will go up if I don't pay.

 

Help please

[labrat]

general advice is not to pay

 

DONT EVER PHONE THEM, unless you can record it, send all letters recordered delivery

 

couple of things should help.

 

What retail loss company is listed on the top of the letter?

is there a break down of costs? - if not request one

[JonCris]

Well nothing worse then getting caught I know first hand. I got a similar problem but not as bad.

 

Me and my girl friend went into Asda doing our shopping.We had some sushi from outside the store that we started eating once we got in the store. Put the empty sushi tray in one of the rubbish piles (it was late so they had loads of rubbish lying around). We get to the till after carefully calculating what we got (were students) I go to get some asprin for this head ace I couldn't get rid of.

 

Well that put us over our budget so I thought the hell with it I'll just take it. One item they won't notice only £1.50 anyway. So we get to the exit and the security asked me if I took anything.

 

I say no so he asks if I can come with him and not really wanting to run for it I go with him.

 

He takes me into a little room asks me again and I say no. Then he says I'm going to giv u one last chance so I think the hell with it and say yeah ok I took something. I take the aspirin out of my pocket and he then tells me that he only thought I took the sushi.

 

I tell him it wasn't from the store but am now caught with aspirin. He tells me he didn't know I took that so I gav my self away.

 

So I get a 6 month ban he take a pic of me and I fill in a few forms.

 

About a week later I get a letter say I owe £150 for security coast. This guy spoke to me for a bout 5 mins how could that cast £150.

 

I gave him my mum's address and my name.

 

So should I pay even though the asprin was not damaged in any way and was returned before I even left the store?

 

I'm thinking no but they are saying the amount will go up if I don't pay.

 

Help please

 

Hi suggest you start your own thread then paste a link here:)

[Matt jay]

There is a break down of the coast

0 for costs of good stolen or damaged

£150 for security

 

The company is drydens lawyers.

[JonCris]

There is a break down of the coast

0 for costs of good stolen or damaged

£150 for security

 

The company is drydens lawyers.

 

Please contact me via PM

[labrat]

if unsure how to PM then please click here

 

joncris why not add the link to your sig?

[Coachdriver01]

Ok time for an update

Wrote to Argos regards RLP's claims. Never heard back but got a letter from RLP stating that Argos had forwarded the letter onto them.

 

Am now in receipt of another letter from RLP stating that because the goods where unboxed then they are not resaleable, although i will challenge this as one item was completely sealed and intact in a box.

 

They go on to say that i would be paying for the damages caused to the goods (removing boxes is classed as damage) and not for ownership of the goods, as they are unfit for resale. A payment of moeny in these circumstances does not lead to a transfer of the title for the goods. It merely compensates Argos for their financial loss. There is no contract of sale and therefore the goods will remain in Argos' possesion.

 

Again is the demand for money via either credit card or installments and now an extra option of Alternative Dispure Resolution as a more suitable option than litigation ??? Which involves me supplying a written account of my version of events. Supplying evidence that i intend to rely on in my defence and confirmation that i agree to negotiate a settlementand/or pay the costs of the ADR which are typically £150/300 per party.

Not a clue as to what all that means

 

So, apart from disputing the one item that was totally boxed and sealed what should be my next step?. I have the standard 21 days to respond before RLP will seek instruction from Argos on the next action against me

 

Thanks

[mightymouse_69]

 

Again is the demand for money via either credit card or installments and now an extra option of Alternative Dispure Resolution as a more suitable option than litigation ??? Which involves me supplying a written account of my version of events. Supplying evidence that i intend to rely on in my defence and confirmation that i agree to negotiate a settlementand/or pay the costs of the ADR which are typically £150/300 per party.

Not a clue as to what all that means

 

 

I think they are trying to say that it would be better to settle this out of court, which they are probably right in saying.

 

However, a lot of people use this to convince people to settle even if they would have had a good case in court - like PPCs saying "if you dont pay in X days we will go to court costing you £XXX plus fees"

[electron99]

What they appear to be doing is offering an Altrnative Dispute Resolution, where you have to give them any reasons you would use if this came to court.

In other words they want you to supply them their case against you.

 

Personally I would just send one final letter saying you will not be paying them anything unless ordered to by a court, and that you will not enter into any further correspondence.

[Coachdriver01]

Ok just recieved another letter from RLP confirming that one of the items returned was indeed in a condition to be resold, as i informed them that it was, and the cost of that item has been deducted from the total.

 

Have now the standard 21 days to pay/arrange terms

 

Whats the next step. Do i ignore them and see what the next step form them will be. What is that likely to be

 

Thanks

Edited June 10, 2010 by Coachdriver01

[JonCris]

RLP aren't known for issuing any proceedings but if they should decide to I'm afraid your a bit of an open goal as you would be an unsympathetic defendant

[Coachdriver01]

The latest letter from RLP as follows

 

We have responded to your correspondence on this matter, however you have failed to settle this claim subsequently.

Our client has suffered loss as a result of your wrongful actions and is entitled to compensation for their loss. We take this oppurtunity to advise you that we are not prepared to enter into any further correspondence on any of the point you have raised thus far as we have already addressed the issues raised which have a legal basis.

Should this case proceed to the civil Court and we have to issue an application for Summary Judgement based on the fact that your defence has no legal basis and therefore no likelihood of success, we shall add the costs incurred onto the amount claimed from you which will increase the amount outstanding considerably.

Our client is prepared to issue court proceeding in this matter to recover the full amount of their claim plus any court fees. other allowable legal costs and all interest which has been accruing on a daily basis at a rate of 8% per annum. The total amount claimed in court will significantly exceed the amount shown above.

Your options now are to :

Pay the amount outstanding by credit/debit card

Set up an installment plan

Write asking for the matter to be tried by a civil court judge. This will enable you to defend your case, submit appropriate evidence and attend court to confirm your own evidence and hear the evidence of our client

Failure to settle the claim or respond, within 21 days from the date of this letter will result in next stage action being taken against you without further notice.

 

So thats the latest, any further advice ? do i just pay and make it go away or are they likely to stick to what they claim will happen

[Conniff]

The latest letter from RLP as follows

 

We have responded to your correspondence on this matter, however you have failed to settle this claim subsequently.

 

Our client has suffered loss as a result of your wrongful actions and is entitled to compensation for their loss. We take this oppurtunity to advise you that we are not prepared to enter into any further correspondence on any of the point you have raised thus far as we have already addressed the issues raised which have a legal basis.

 

Should this case proceed to the civil Court and we have to issue an application for Summary Judgement based on the fact that your defence has no legal basis and therefore no likelihood of success, we shall add the costs incurred onto the amount claimed from you which will increase the amount outstanding considerably.

 

Our client is prepared to issue court proceeding in this matter to recover the full amount of their claim plus any court fees. other allowable legal costs and all interest which has been accruing on a daily basis at a rate of 8% per annum. The total amount claimed in court will significantly exceed the amount shown above.

 

Your options now are to :

 

Pay the amount outstanding by credit/debit card

 

Set up an installment plan

 

Write asking for the matter to be tried by a civil court judge. This will enable you to defend your case, submit appropriate evidence and attend court to confirm your own evidence and hear the evidence of our client

 

Failure to settle the claim or respond, within 21 days from the date of this letter will result in next stage action being taken against you without further notice.

So thats the latest, any further advice ? do i just pay and make it go away or are they likely to stick to what they claim will happen

 

I've quoted as the original was a bit small for me to read.

 

What loss? They need to substantiate that claim and show what loss has been made.

 

They are also using bullying tactics with a threat of higher amount in an attempt to frighten you into paying.

 

If you are to pay full value of the goods, then the goods belong to you and not them.

[Coachdriver01]

The only way they are substantiating their claim is with the original letter which lists the RETAIL value of all the items and not the COST value to argos. And they make it appear that they are working for free as the amount they are claiming is the amount of the goods at retail value to argos so where do their costs come into it?

I have tried contacting argos stating that i believe i should only be liable for the cost price of the items as THAT is their loss and not the RETAIL value but it would seem that they just forward my letters to RLP