Panicking! Help!!!

[lilofanta]

I posted another thread explaining my situation in a lot of detail 'RLP targeting young girls? LONG!' is the name of it as I can't yet post a link. I'm 19 and very very worried about this whole thing!

 

Basically, I was in primark and accused of concealing and shoplifting a £2 t shirt. I don't condone stealing I have never even considered stealing in my life let alone carried it out, it was an honest mistake I was flustered and annoyed that I couldn't find the top my boyfriend had wanted.

 

I was held for twenty minutes while they intimidated me and called me names before telling me I was banned and would be recieving a fine for 'two hours solicitors fees'.

 

Weeks later I recieved a letter for £130, under the advice on people on this forum I ignored it, but both my mum and I are starting to get worried.

 

If they hand this 'invoice' over to a debt collection agency could they then issue me with a CCJ? I know this will affect my credit rating and like I said I'm only 19.

 

At first with the advice of the kind people on this site I was certain it was right to ignore them however as time is going by I am panicking and I don't know whether or not I should make an offer so it will go away? I would no way offer the full amount as to be a dishonest person and commit a 'wrongful' act you would have had to have intention, which I did not - it was an honest mistake like I said, not only that but £130 for a £2 top which probably cost 50 pence to make is extortionate and I refuse to believe I am responsible for paying for the security guards time and their crap I have heard them saying to other people about 'if there weren't dishonest people there would be no need for security guards' is exactly that - CRAP! There were security guards before I was born, there will be security guards after I die, they get paid to stand there and I would hope catch genuinely guilty people - but unfortunately they, by choice, chose to prey on a young girl making an honest mistake.

 

Primark at no time tried to minimise their 'loss' (which is actually £0.00 as they have the t shirt) by accepting my payment which I offered several times, so why should I be expected to pay it, if they don't mind incurring losses why should I mind not paying it?

 

Please I am desperate for advice, will I end up with a CCJ? I'm too young for my name to be tarnished!! ANY advice would be GREATLY appreciated!!!

 

Many thanks

 

Lilofanta x

[honeybee13]

Hello there. Don't panic, it won't help. I'm not sure starting a new thread is the best idea, it might have been better to add to the one you started, but here's a link to it.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?305086-RLP-targeting-young-girls-LONG!&p=3404876&highlight=#post3404876

 

Has anything changed since you first arrived here?

 

My best, HB

[lilofanta]

Apologies for 'spamming' but like I said I really am very worried. I have spoken to my uncle who is a solicitor and although he believes they are wrong and would not take me to court, even he suggested paying to make it go away for fear of debt collectors taking over my case.

 

If they were to take over my case would this mean I am on some sort of credit blacklist? Am I really just better off paying it?

 

Like I said any advice I'll take and would be very grateful if someone more experienced with RLP could inform me of the likelihood of a CCJ.

 

Thank you

[Sidewinder]

Hi there. I notice that your latest post has not received any response, so just to allay any fears.

 

Your Uncle should know, being a Solicitor, that debt collectors have no legal powers whatsoever. Their role in this is to intimidate you and make you fear that you will face the direst consequences if you do not pay up. That seems to be working, but why pay up when no money is actually owed? How about if a complete stranger came up to you in the street and demanded £130....would you pay them if the worst that they could do was to write you a few letters demanding money? Thought not!

 

RLP have a business model which requires sending letters demanding money based on a very flimsy, but plausible legal principle - one of damages for a tort of interference to property. As such, they will try to persuade you that having committed such an offence, they (or their client) are permitted in law to recover damages associated with your act. Whilst civil law may well allow for this in principle, they will only be successful if these are true liquidated damages - ie that they are solely the result of your actions, and in order to put that before a Court, they would have to demonstrate that the amount claimed was made up of costs which would not otherwise have been incurred had you not done what you did. This is patently not the case, for the security staff were on duty, working and would have to have been paid anyway, no additional staff were brought in to deal with you, the property was recovered, and in a condition where it could be re-sold, no sales were lost as a consequence of your actions. Therefore, there has been no loss, additional cost or damages which can possibly be attributed to your actions, and as such, RLP have no business in making demands.

 

Have a look here http://www.citizensadvice.org.uk/uncivil_recovery.pdf (have a look at 'Hollow Demands' in particular) and peruse some of the other threads on the forum. RLP will not take this to Court, as every contested case where they are unsuccessful and they WOULD be unsuccessful in a defended case, significantly damages their business as word gets around that all that they do is to demand money which you don't have to pay if you don't want to. You will get letters, you may feel intimidated by these, and if you refuse (as you should) to respond to them, then debt collectors will also write to you, but they can't touch your credit rating, nor can they appoint bailiffs, seek an attachment of earnings, nor do anything else unless and until they took it to Court, were successful in obtaining a Judgement, and you still refused to pay. The consensus of opinion is that you write ONCE ONLY, simply stating that you refute any suggestion that you owe any money whatsoever and will not be responding further to their demands. That's it - everything else you ignore and the letters WILL stop, your roof will still be over your head, your credit file will be intact, and contrary to what they suggest, the world will not have come crashing down around your ears!