Solicitor letter - money recovery, help needed!

[Gary4917]

Hi people

 

Last week I was shopping in Asda when by accident I failed to pay for 1 item, so as I walking out of the store I got called back in by a security guard who took me into a back room and said I stolen this item which I didn't. So he made me sign a form with my name and address to say I am barred from every Asda in the UK or he would ring the police if I didn't comply.

 

So then he let me go and I thought that was the end of it, then today I got a letter off "drydensfairfax solicitors" and here is what they said:

 

Dear Sir, Our client Asda Stores Ltd has instructed us to contact you following an incident at one of their stores on 28th November 2012.

As a result of that incident our client has suffered a loss that they are entitled to recover from you. The amount due is £33.50 resulting from Staff and management time to detain you, observe and apprehend, preparing evidence, writing reports and/or liason with the police.

 

Then they add:

 

What will happen if you don't pay? Asda stores Ltd have asked that we obtain payment of the full amount of loss they have incurred.

As a firm of lawyers there are a number of steps that we can use to secure this payment off you. Act now to avoid any further action taken.

 

So can someone give me any advice on what to do?

when I get a new letter off them should I just write "not known at this address" and return it?

 

Or do they have more powers like getting the police to come knocking considering Asda is a large company?

 

Thanks I would appreciate it.

Gary.

[ims21]

Thread moved to correct forum

[i hate bailiffs]

They are a fake solicitor there has been no loss to asda as they have the goods back

 

if the police did not attend there is no criminal charges you can ignore the fake tame solicitors

[Gary4917]

They are a fake solicitor there has been no loss to asda as they have the goods back

 

if the police did not attend there is no criminal charges you can ignore the fake tame solicitors

 

thanks for reply.

[ScarletPimpernel]

They are a fake solicitor there has been no loss to asda as they have the goods back

 

if the police did not attend there is no criminal charges you can ignore the fake tame solicitors

 

Not correct, and not good advice. Drydensfairfax is a legitimate firm of solicitors, whose main business is debt recovery.

 

However, they have been involved in civil recovery (or speculative invoicing) for Asda for some time, and they have brought court claims in the past. Note that they are not claiming any criminal activity, but simply referring to 'an incident'.

 

You do not say whether the goods were recovered intact, but assuming they were, you may like to send to Drydensfairfax a short letter:

 

Dear Sirs

 

I refer to your letter dated xxxxxx.

 

Any liability to your client is denied. No further correspondence will be entered into.

 

Yours etc.

 

It's a good idea to send it recorded, as so many companies involved in debt collection seem to have difficulties with post.

 

Do not be tempted to explain what actually happened, or engage in any other contact with them, unless you get a court claim - which is extremely unlikely. The fact is that if Asda's staff suspected that you had done something wrong, they should have called the police, who are the proper authority for investigating such an allegation. In the circumstances you describe, the police would, in my view, be most unlikely to pursue the matter, and may well have considered it a waste of their time. I think Drydensfairfax would have a very hard time indeed convincing a judge that you had done anything wrong, and/or that any real loss was suffered.

[i hate bailiffs]

[quote=ScarletPimpernel;4069560 they have been involved in civil recovery (or speculative invoicing)

 

unless you get a court claim - which is extremely unlikely. The fact is that if Asda's staff suspected that you had done something wrong, they should have called the police, who are the proper authority for investigating such an allegation. the police would, in my view, be most unlikely to pursue the matter, and may well have considered it a waste of their time. I think Drydensfairfax would have a very hard time indeed convincing a judge that you had done anything wrong, and/or that any real loss was suffered.

 

your point is??

as i said ignore

 

court case for £33.50?? it wont happen

[Sidewinder]

your point is??

as i said ignore

 

court case for £33.50?? it wont happen

 

What you actually said was that it was a fake solicitor - it isn't, and if they read the forum, may be tempted to take a punt.

 

They have brought CR actions in the past, although I fully agree that for £33.50 that is extremely unlikely, however given that they have litigated in the past, a letter denying liability (rather than ignoring altogether) clarifies that they do not have a cause of action - they know it, the OP knows it and it might stop them going for a default judgment should they have been that way inclined, believing that the OP might just ignore that as well.

[ScarletPimpernel]

your point is??

as i said ignore

 

I'm sorry if you found my post difficult to understand. My point is that to give inaccurate information may make no difference to you, but it is unhelpful to those looking for advice.

 

court case for £33.50?? it wont happen

 

Quite probably, as I think I made clear, but in the world of civil recovery one can never be certain, and it would not be right not to make people aware that the possibility, however remote, does exist.

 

What is certain is that of all the civil recovery operators, Drydensfairfax are the most litigious, by some margin.

 

Since the Oxford case CR operators are keen to get easy wins in court, and people should be aware of the risk.

 

If you can't give accurate advice, or be civil, you are likely to attract moderation.

[Gary4917]

Thanks again for replies, so my best bet would be to write that letter, send it recorded and not ignore them? Also @scarletpimpernel yes the item that was "stolen" was recovered. Also what response would I likely get back off them?

[ScarletPimpernel]

By sending the letter you are making your position clear, rather than wilfully ignoring the situation; this is always better in the very unlikely event of a court case. As the goods were recovered Asda haven't really lost anything.

 

You may get a few more tiresome begging letters, but you can ignore them. Keep an eye on anything they send, just in case they try a punt with a claim.