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    • I am hoping for some help. I noticed some readers state they have successfully challenged leaseholder charges. I am now being charged in excess of £2000 leasholder service charges on a garage in Kent. It is a simple garage. As it is a  non-residential the normal tribunal routes to appeal  the garage charges are unavailable. I requested an explanation of the charges. All the service company have provided is a list of charges nothing to say how these charges relate to my garage which has never been visited or maintained. I am charged management fees, account preparation fees, audit fees. The leaseholder forwarded my account to SLC solicitors three years ago. Three years ago I sent SLC a cheque to avoid legal action. SLC did not bank the cheque as they agreed that the charges are unreasonable. However the management company continued to issue charges on the garage. SLC have issued legal action again. I would love to hear from readers who have successfully challenged unreasonable leasehold service charges.
    • i can't find a lost scottish court claim for a speculative invoice... likewise i haven't seen any gauge of an increase in PPC's issuing court claims in scotland since the much trumpeted POFA changes in Scotland - if they even happened or changed anything   it pers concerns mea bit  more as you say you've read up....focussing on POFA.. that you still appear not to have understood the very 1st basic principle of PPC things ..they are not FINES.   if they did get sheriff officers to issue a claim, and again there is no data to indicate any increase at all in them doing so, bar a handful of cases you can count on one hand in the years before, there would be plenty of chances to fold .
    • Hi This is the email i sent in December.     Hi  I do apologise but I must say going by your list of varying case studies upon your website i think you are wrong. There are various examples there of let us say loans that have have recently completed, whereby resolutions have been found, they were not deemed out of time just because the policy was entered into at the start of the loan, some +10yrs earlier. What concerned me more was the DMP and thus the CMP & CML membership were only recently concluded.. The comment you have made that PayPlan sold me the two plans I've complained about in October 2007 is somewhat mute as policies were still live within the last 6yrs with regard to payments toward them , even within the last 3yrs , if fact. I would also like to mention. "letters in 2015 from Payplan should have alerted me there was an issue," is again pretty mute as I was not aware then I could complain of mis-selling, there is no evidence I can find before 2017 anywhere that CMP & CML were even reclaimable.! I would also like to point out there is a diff between CMP & CML, they state they are both membership schemes, they are NOT. I also believe the above further answers his exceptional circumstance question...there are none as I believe I don't need any as I am NOT out of time! For the reasons above I don't agree with your decision and would like to have this looked at by an ombudsman as stated in your previous email. Kind Regards.     I will post the attachment shortly.   
    • Ah I see, I did kind of give them a notice to pay up in 7 days before taking things further but they refused and instead asked for the next instalments through a solicitor letter. I was thinking whether it would be better and more cost saving if I instead take this to a small claims court as oppose to the big courts, I know that is what you suggested at the begining. I was just not sure if I had a case since I unfortunately signed the new variation agreement.   
    • Yes, I expect that the mutual agreement was based on "we'll give you this amount of money but part of the deal is that you agree not to talk about what happened during this mediation". I suppose that either party can insert any demands they want in the mediation process and it's up to the other party to accept it or to walk away and then to go on to court
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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/
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Already have caution, now happened again due to my Illness - summons 1st NOV ...HELP


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I really need some help and some advice on what to do asap.

Thank you in advance to anyone who replies.

I am desperate right now.

I am in the UK.

 

Been out tonight.

 

Got home and my mum told me she'd had a phonecall from the police.

 

It is regarding a shoplifting offence that I have previously committed and thought I got away with.

It was groceries.

 

I am not going to go into details of why because it won't help right now

but it's not the first time and I had a caution just a few weeks ago

- I know, I know, please a lecture isn't goign to help, I know how wrong I am.

 

at the time I did worry that they had seen me and it was late at night and they obviously took my mums registration number and this is how they have got into contact these weeks later.

 

I didn't speak to the policewoman obviously but she is apparently going to ring me tomorrow to discuss this.

 

What do I do?

What do I say?

What is going to happen to me?

 

If I have to go to the police station again

I don't think I could cope with it all.

 

I know I need to not do this again.:(

 

I have a very severe eating disorder which is the root of all this but I KNOW it isn't an excuse.

 

They would be able to see by cctv that I am quite ill though appearance wise,

but I don't think it will make a jot of difference really as like I said this isn't the first time

and I should have learnt my bloody lesson by now.

 

I hate myself.

 

But I need to know what to say on the phone.

Whether to admit it or say I can't remember or what/ I just don't know.

I am scared.

Please help. & please don't judge I can't deal with it.

 

Can't believe this is happening.

 

Apparently they actually thought i'd stolen my mums car or something and she had to explain that no,

she bought me shopping but did not know I had stolen,

 

I used the self serve checkouts and just didn't pay for a lot of stuff.

 

Like I said it was late at night and they had no security around.

 

Thank you for reading.

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the simple fact is to be honest.

 

nothing much willcome of this.

 

just dont go overboard with the inferance of your 'illness' in all this.

 

simply explain it makes you do strange things.

 

you might just get a verbal caution, thats all.

 

but in all matters be honest!

 

what you have said here is perfect.

 

dx

  • Confused 1

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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Thank you so much. I hope you are right. I haven't had a phone call yet today (as of 3pm, but mobile was off all morning, no voicemail messages or anything though either). I am thinking though that maybe they were most concerned by the fact they thought I'd stolen my mums car! But now they know that is not the case perhaps they will send a letter to me rather than call, I don't know? Still really nervous that they might just turn up at the house or something though :(. Thankfully I am going away tomorrow for a few days so that will help with the anxiety I think, just to get away for a bit.

 

Thanks again. Your reply has reassured me somewhat and I really have been freaking out, hardly slept last night.

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Hi there.

 

I work in profit protection and people that steal are the bain of my life... However, I know what is what.

 

If you were using self scan and it appears that you have made an effort to scan (i.e, you held the item up to the machine and it didn't register), you're in the clear. Technology isn't perfect and we have to be very careful in my industry when dealing with self scan.

 

The supermarket should have a colleague there to remind you to scan things. If there is no colleague, how can you use such a volatile system?

 

As far as you were aware, you scanned and paid for your goods. It's up to the Security to prove otherwise.

 

I've had people getting off on all sorts of excuses (Sleep apnea, depression etc), fact is, you make yourself look guity as sin by playing on an illness.

 

You didn't know what to do, no attendant helped you. If items weren't paid for, it's a civil matter as you didn't do wrong.

 

Yukiko

Retail Profit Protection Officer!

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Without deviating too much, we can't call ourselves "Guards" any more. We have officer numbers and so on in the continuing effort to make implementing private security into the public sector that little bit easier!

 

And I don't just do shops... I'm a Supervisor for a different area, but regularly get called back to my home ground of supermarkets!

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Indeed.

Great advice above, on the phone, do NOT discuss the offence.

 

The most you need to say is "Okay".

 

Acknowledge their query and if they ask you in for questioning you can ask for it to be informal.

 

This means going in, unrepresented but with a family member/friend in an informal setting without being arrested.

 

It's not process but can be done.

 

Otherwise, it will be formal and you'll likely be arrested

"To assist in a prompt and thorough investigation".

 

It's likely to be 4-5 hours of your life, but you get represented and have the right to say nothing.

 

Either way, without condoning lying, you used Self Scan and could have been unsure of what you were doing due to your state of mind...

If this was the case.

 

 

 

Admins,

please be aware that whilst not legally trained,

 

I am just giving personal advice to another cagger.

Edited by ims21
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Is this the same as a shop security guard?

 

100% the same. Just a different name the shop gives them.

 

As for the OP, its very VERY strange if a police officer is telephoning them. Normally they will send a letter for you to come to the station or send an officer around to discuss it with you.

 

I'm thinking that it was someone masquerading as an officer, as there is no real way to prove who it is on the phone.

 

it is very very VERY doubtful it was an officer. If they had cautioned you, then thats the end of the matter. It really sounds as if RLP or another company is pretending to be the police.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The police still wouldnt call up by phone like that. It is very unusual if they do. If they suspected you of shoplifting AND had proof, they would simply come and arrest you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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To the people who say the police will not phone you - They will. I've received a phone call before for a robbery from Boots from Suffolk Police. My name was given by somebody locally in the area and they called me, asked me if I had robbed boots, I said no. They said Ok then, sorry for wasting your time!

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SO what happened is that you received a call from a police officer that was absolutely terrible at their job? Something doesn't sound right here.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I doubt that they are under as much pressure to perform an investigation in the method that yukiko described.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 3 weeks later...
SO what happened is that you received a call from a police officer that was absolutely terrible at their job? Something doesn't sound right here.

 

I really don't know. I was shocked to be honest that they were so forthcoming with telling my mum information seeing as she was not me. I also can only presume they knew my name from the info connected to either my debit card or nectar card. Like I said they originally thought I'd stolen my mums car as looked up the registration and found a car in her name, not mine.

 

I have heard absolutely nothing since this mysterious phone call. But I am so scared ever time the phone rings or the post-man comes, and also that the police are suddenly going to turn up here. It's making me really anxious and paranoid. God I am such an idiot :(.

 

Thanks again for the replies.

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UPDATE

 

Okay

I knew it was too good to be true that I hadn't heard a peep.

 

Had a message left on the phone today from the same police station but a different officer,

gave his reference number and asked me to call him as he needs to speak to me.

 

Didn't say much more than that.

 

I am so scared and am going to have to call tomorrow,

am dreading it so much and feel totally sick to my stomach.

 

Any advice on what I should say/not say/do? Are they going to ask me to go to the station?

 

:(:help:

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Dont be scared. He's probably finishing up an investigation, or closing the case. Call them up and answer everything honestley. Don't start lying incase they have conflicting info, then they will require you to go to the station.

 

As for your feelings, its normal to feel it, as you are anxious and very nervous. The absolute worst thing that would happen, is you get an official caution, which is pretty much a quick slap on the wrist, and you're told not to be naughty and not to do it again.

 

Worse things will only happen if you lie, then it will be classed as obstruction of justice and things get much worse.

  • Haha 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thank you very much for your reply.

 

Unfortunately I do have to go to the police station for an interview. He said it could all 'be done on paper' so I won't have to go in a cell or anything, so he will be just asking me some questions. He said they have all the CCTV and everything.

 

I can't help but feel terrified. & self destructive, I am so so angry at myself.

 

Is he going to make me watch the CCTV? I don't think I can bear it.

 

If I get a caution this will be my second caution :(. **** I am such a disgusting idiot.

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Dont be terrified. They cant force you to do anything. |He wont make you watch the cctv footage if you dont want to. He probably doesnt even need you to see it.

 

 

Like i said before, tell the truth. If you took the item delibrately, then tell them. If you took it and then simply forgot to pay it, then when realised, you offered payment, Tell them.

 

As a note, dont worry about cautions. Theyre the same as a slap on the wrist, except in days gone by, it wouldnt go further, but in todays society it gets recorded.

 

My brother a year or so ago, stole £30 of cd's from asda. Yes, he had to go to court, but he told the truth, and he got a unconditional discharge, and only had to pay costs of £50. Your case wont even get that far, as the officer has already told you. he simply wants to fill in the paperwork, and close the case.

 

 

Again, a caution does make you sit up and think, but its nothing to really stress or worry over. Others here, including myself, have been in worse situations with the police, and came away with a sigh of relief. Trust me, in my case, i was facing 2 years in prison for doing something that EVERYONE of sound mind would have done. I came away with an order to pay £250 costs. Thats it.

 

If it was serious, then you would be called in, charged, bailed then given a court date. This isnt what is going to happen to you. You are geuninly remorseful and it is down to the officer to make a decision on what to do next. It looks like he;s already decided that a caution or a slap on the wrist is enough, so go in, tell the truth, then walk out and get on with your life.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thank you so so much for your response and reassurance, it seriously does means a lot. You've helped me feel a little better about things for sure. Just want tomorrow to be over with now. I'll let you know how it goes x

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Just keep calm, tell the truth and take a deep breath before you walk into the station. Unless you took a ton of stuff or very expensive items, its doubtful anything will happen except a formal caution. As he said it can all be done on paper, it is very likely this is what he is meaning.

 

Good luck tomorrow. Remember, deep breaths, keep calm, and answer any questions truthfully, although all that will happen is you read some paperwork, sign a form and thats it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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She already has a caution within the last couple of years for the same offence, so I would say take a solicitor down and go "no comment". Let a solicitor see how good their evidence is before commenting.

 

 

You can usually access free legal advice at the police station, however, inform the police that you would like the Duty Solicitor IN ADVANCE of turning up.

 

They will ask you to watch the CCTV (or show you stills) and will ask "Do you recognise this person in the picture?" "Is this person you?" etc etc. From what you describe, I'd stick with "no comment".

 

I would say this will get bundled off to the CPS for a decision. When did you last get a police caution?

 

You aren't going to prison though! Probably a fine of around £100 or some sort of low level community sentence. You might even manage a conditional discharge or curfew.

 

It is however, likely you will end up in court (according to the government).

 

Committing further crimes after a caution

If you commit another crime after getting a caution, you’re likely to go to court. You may avoid court if:

 

1) the second offence is also a minor one and not related to the first

2) two years have passed since your first caution

Edited by firstclassx
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Depending on the length of time, it probably wont matter. Shoplifting pretty much gives you a slap on the wrist now, and even when taken to court, unless you stole expensive things or frequently did it, the outcome is normally a unconditional discharge and you just have to pay costs. The legal system tens to go easy on you, if you admit your guilt at the first opportunity and tell the truth. Especially for very VERY minor things like shoplifiting.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 1 month later...

Just another update and call for a bit of extra advice if possible. Thanks again to those that have been so supportive so far throughout this.

 

To address past reply:

firstclass - the caution was quite recent, within the past 6 months but was dealt with under another police constabulary.

I didn't read your comment before going to the interview so I did admit it was me

but I was a bit vague as to guilty/not guilty as in my mind I was guilty of the offence

BUT I didn't go into the store intending to steal and was not in my right mind at the time.

I explained this.

 

Also, I did not have a solicitor as was told on the phone by the policeman before I went in that if I wanted a solicitor

I would have had to travel to another police station many miles away from my home,

or if not I could just do it locally on my own,

so of course I went with the local option as there was no way of me getting to the other place (I don't drive.)

So the option of having a solicitor was sort of taken out of my hands really!

 

After going to the police station and being interviewed 'on paper' i.e. with no recording,

I explained what happened, said I was very sorry.

The officer said I would have to wait to hear whether the case would still be pursued in light of my statement or not.

Again, a long wait.

I was expecting a phone call but there wasn't one.

Yet a letter arrived last week.

Court summons for the 1st November for shoplifting 'goods of an unknown amount...' from the supermarket in question.

 

When I spoke to the police officer at the station he was very kind and quite sympathetic to my situation.

I think it's quite obvious that I am not a malicious person or someone that was out for their own gain or profit through criminal means.

I clearly look quite ill too which I am sure does work in my favor although it is not something intentional, that is just the reality of my situation.

 

he said that if it did go to court (to be honest I think he thought it wouldn't, but seems the supermarket are adamant for a result :|)

it would probably be pretty routine and lenient.

 

Still, of course I am scared.

I've never stood up in court before.

What will happen?

What can I expect?

 

I am so worried about speaking as struggle as it is with public speaking of any sort.

Worried I will burst into tears as soon as I get in there tbh

and I don't want to appear like I am putting stuff like that on, you know?

I know I have to face this.

I wish I didn't have to, want to just hide and not go at all,

pretend I never received the letter but know that will make everything so much worse in the long run.

 

Please,

anyone who has been through this or has an idea as to what might happen,

i'd appreciate your response so much right now.

 

One thing I specifically want to know is:

 

will the fact I have a previous caution for shoplifting on my record etc (very similar circumstances, being food items and being unwell heh)

be brought up in court or be used against me?

 

Thanks again in advance to anyone who reads/responds. xxx

Edited by pleasehelp7
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thread title changed

 

i really do hope that it is used to get you help in your illnes rather that punish

 

dx

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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