TK Maxx & RLP

[MARTIN3030]

Yes, other than our initial response refuting RLP's claim and denying liability, we have ignored all their subsequent communications, as advised by people 'in the know' on this board and also by the Citizens Advice Scotland helpline, who I have consulted on three occasions.

 

By the way RLP claim in their last letter that we should not take advice form what they descrice as a 'rogue' former CAB employee wh posts advice on this board, Anyone know who they might be referring to?

 

 

 

For absolute clarity,the advice from CAB (as has always been) has NOT CHANGED.

Like this site,their advice is that you should NOT pay in the absence of any genuine pre estimate or absolute proof of loss.....which as many will know,has never been forthcoming with any credible figures.

 

RLPs allegations of "rogue former CAB employee" has no substance and is another fabrication of which we have come to expect from them,as they seek to defend their business.

[K1rr1e]

My wife received the latest letter from RLP today; the first one since August. Compared with what has gone before, this is only a short story.

 

It basically says that because we have failed to respond since the initial denial liability and therefore RLP have been unable "to conclude the matter by pre-action correspondence", they have advised TK Maxx that the matter should be "presented to and determined by the courts".

 

RLP have also advised TK Maxx "to report the incident to the Police". Apart from anything else, I doubt very much that the Police will be interested when RLP / TK Maxx had the opportunity to report the matter at the time, but wait for six months because their intimidating letters have failed to get the desired response.

 

Can anyone advise if this is just another standard letter or something more serious, and should we continue to ignore RLP, as the CAB have once again advised?

[ScarletPimpernel]

Another standard letter.

 

Allow me to translate:

 

We are really annoyed that you haven't paid our spurious invoice, especially since we sent lots of wordy letters. As you have no doubt realised, we are utterly impotent, but in a last ditch attempt to scare you into paying, we will pretend that a major retailer might wish to be humiliated in court by bringing a claim on dubious legal grounds. We will also pretend that wasting police time may be another activity in which the retailer may wish to engage; we will pretend that all this doesn't amount to the sort of aggressive and oppressive practice that the Law Commission thought was rife in our industry, an unflushed lavatory in which RLP is the biggest turd.

 

Yours excruciatingly

 

J xxx

[andydd]

My wife received the latest letter from RLP today; the first one since August. Compared with what has gone before, this is only a short story.

 

It basically says that because we have failed to respond since the initial denial liability and therefore RLP have been unable "to conclude the matter by pre-action correspondence", they have advised TK Maxx that the matter should be "presented to and determined by the courts".

 

RLP have also advised TK Maxx "to report the incident to the Police". Apart from anything else, I doubt very much that the Police will be interested when RLP / TK Maxx had the opportunity to report the matter at the time, but wait for six months because their intimidating letters have failed to get the desired response.

 

Can anyone advise if this is just another standard letter or something more serious, and should we continue to ignore RLP, as the CAB have once again advised?

 

RLP/TK Maxx seem to be mixing up Civil and Criminal law here, the pre action protocol refers to civil proceedings, in reality it is rarely used, and Ive never even been asked in court whether a Letter Before Action is issued, but the general advice is that parties should issue one before starting civil court action, there is a another whole list of steps that parties should follow in theory in the pre-action protocl list..there are some very useful ones..pre-action for housing repairs is very useful in my opinion but he general one which is what RLP are refering to is pretty much ignored, but of course RLP love to waffle on about it.

 

I find it rather dubious that RLP now say that TK Maxx should report it to the police, firstly RLP are employed by TK Maxx on a purely civil bases, I dont believe it is right for them to say that TK Maxx should insigate criminal proceedings, in any event, I suspect that it is far too late now and the police may find it rather suspect that they do it now.

 

The most worrying is that RLP appear to be saying pay us for as civil claim or will will start a criminal claim.

 

There is no further point in getting involved with their pre-action correspondence, this is only useful if you wish to settle and/or mediate to some extent. It can be useful, I myself entered mediation with my landlord recently and he paid me a sum we settled upon, the difference being, he would of lost in court but RLP just need to be reminded of the Oxford case ?. Is anyone aware of any legal action started by RLP since then ?

 

Andy