TK Maxx LARGE Civil Recovery RLP Claim. Im Scared help me :(

[jay_gee]

hello, im so glad i have discovered this forum as im at a complete loss to what my rights are.

 

i used to work for tk. unfortunately i got myself into abit of desperation and ended up stealing from there over a period of time, im ashamed of what i did, it was XXX pounds in cash.

they found out, did an investigation and called the police, which terrified me as i suffer from a severe anxiety disorder.

i had to go to court and i was convicted and i am now paying back the money on a monthly basis coming out of my job seekers allowance. have been doing this since court in NOVEMBER.

 

i have now only JUST recieved a letter from RLP, demanding the money i am already paying back and another £XXX on top of that!!

 

i dont understand, they called the police, i went to court, they cant have it both ways ??!!

 

obviously there is no way i will have to pay the XXX.XX to rlp, as i am already paying that back through the courts, THE LEGAL WAY.

how in gods name am i supposed to afford more money though, i have no job.

i really am fed up of this, i just want to get on with my life, yet months down the line, im recieving ridiculous letters from RLP.

 

i swear convicted murderers dont get this much hassle!

[honeybee13]

Hello and welcome to CAG. I hope the forum regulars will be along with advice for you soon.

 

I know that the position is difficult when staff are involved. We had a similar case the other day and am posting a link for you. We didn't get the answers to BankFodder's questions, but it might help you to give us the information we need to help you.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?379795-civil-recovery-claim-help&highlight=bankfodder

 

My best, HB

[Sidewinder]

RLP should not be claiming the amount that the court awarded in compensation as it is a matter for the court to forward your payments to TK Maxx.

 

In theory, they have a legitimate claim for costs associated with investigating the offence, preparing evidence and diverting staff resources - this differs markedly from a speculative claim for such costs over shoplifting as those 'costs' are very hard to quantify, however in cases of staff theft, they are often more easily accounted for and having been found guilty in court, you would be hard pushed to defend a civil claim, providing that how they arrived at the amount stacks up. More successful claims are issued for employee theft than they are for shoplifting.

 

Take legal advice, and I would suggest that you negotiate - either over the amount that they claim, or the rate at which you repay them. Clearly they can't get blood out of a stone, and even if they were to issue proceedings, and the court issued Judgment, then you could only repay at a rate that you could afford. You are on benefits, and this is designed to provide for your basic needs - food and essential expenditure have to take priority, so if all you could afford was £1 a month, then this is all that they would get.

[citizenB]

I think this is wrong - all the monies should be claimed at the one time.

[jay_gee]

I think this is wrong - all the monies should be claimed at the one time.

 

the solicitor at the time did mention that the judge would award tk maxx the compensation which they legally are allowed.

this turned out to be the amount i stole.

not to mention court fee's on top of that!

[Crazy Diamond]

I'm going to disagree with Sidewinder, I'm afraid.

 

A judge has decided what you have to repay to TKMax, that's it. RLP can go and f*** themselves, they have no right whatsoever to pursue a claim separately from the people they were supposed to be working for, to whom they are contracted, that would be like going back for a second bite of the cherry.

 

The law does offer a certain amount of protection, in that way, once the punishment has been meted out, that is it. I would write back to RLP referring them back to the existing judgment and telling them to sod off.

 

You didn't steal anything from RLP, and they caught you whilst being paid by TKMaxx to do so, so there is absolutely zero for them to claim for, even if, and that is doubtful, they had grounds to pursue you.

[cerberusalert]

If the judge had wanted to award costs he would have done at the same time he ordered the compensation.

[2Grumpy]

No doubt RLP would say that it is for the costs of the investigation by tkm that they are recovering, presumably tkm would have to take any court action - but I agree, the judge's award should be everything. Perhaps they should have informed the police earlier rather than investigating themselves.

 

If tkm were due anything, it would be on an actual costs basis rather than some matrix of charges ...

 

Even then, I think that they could only claim for additional hours worked, replacement staff to cover staff taken away from their normal role to investigate ...

Edited February 5, 2013 by 2Grumpy

[jay_gee]

I find it bizarre that they are also asking for an amount I am already paying back.

I have re read the letter now I have calmed down, and it seems they DO know I went to court and have to pay the money back, it says I need to pay the money to them if I fail to pay the courts, it makes no sense. A court fine is not something I can opt out of?! I have to pay it, surely rlp know this, why are they even bothering to mention this amount.

 

Im still not confident about the rest of the money they are asking for, they have a huge list on the site of court cases which have been won and some people have ended up paying considerably more than what was originally asked for.

I'm terrified, I can't go to court again, it was so stressful. But I can't afford to pay. This is stressing me out so much.

[citizenB]

But you are NOT failing to pay the court - you are abiding by the judgment order.

[cerberusalert]

You only pay into the court, RLP have nothing to do with it & certainly should not be interfering.

[jay_gee]

The more I read the letter, the more it becomes apparent what a load of old ****e this is.

Why do we have police, laws and courts, if retailers also want to take the law into there own hands. It makes no sense.

Am I going to have to go to some sort of civil court??

[Crazy Diamond]

Nope, like I said earlier, I would write back to RLP referring them back to the existing judgment and telling them to sod off. ;-)

[jay_gee]

Nope, like I said earlier, I would write back to RLP referring them back to the existing judgment and telling them to sod off. ;-)

 

i emailed them last night, not received a reply yet though.

do they not mention this judgement on there site? then underneath go on to list loads of cases which have been won by either rlp or the retailer.

[renegadeimp]

Those cases were all either won by default ( the defendant not replying) or the defendant was unprepared or that scared that they admitted liability. However it doesnt matter as it sthe oxford case which is the main one. And coincidentally is the one that RLP will not publish on their site.

[Crazy Diamond]

i emailed them last night, not received a reply yet though.

do they not mention this judgement on there site? then underneath go on to list loads of cases which have been won by either rlp or the retailer.

 

No, I meant the judgment against YOU.

 

That takes precedence over any letter by them. The judge has said: "this is how much you have to repay" and "this is who you have to repay it to", which is the retailer. RLP CANNOT come back for another bite of the cherry. Simple as that.

[jay_gee]

NO REPLY

 

ok, so i emailed them monday, explaining my situation etc etc. i have so far heard nothing back? what does this mean?

im not going to end up with another letter WITH interest on top for not paying am i? as i did email them the day i got the letter. they just havent replied.

[Crazy Diamond]

I'm not sure how to tell you this in words that you'll hear, let's try once more with feeling: It doesn't matter if they want to add interest or not.

 

they can not claim anything from you any more, the judge has already passed his sentence, you do not have to talk to RLP, you do not have to pay RLP, you do not even have to correspond with RLP!

 

You've told them to sod off (I hope), and they can keep on writing and threatening all they like, they don't have a leg to stand on and that's that!

[jay_gee]

I'm not sure how to tell you this in words that you'll hear, let's try once more with feeling: It doesn't matter if they want to add interest or not.

 

they can not claim anything from you any more, the judge has already passed his sentence, you do not have to talk to RLP, you do not have to pay RLP, you do not even have to correspond with RLP!

 

You've told them to sod off (I hope), and they can keep on writing and threatening all they like, they don't have a leg to stand on and that's that!

 

ok ok i get it lol

 

i just have really bad anxiety im fine when i visit this forum because it seems i have nothing to worry about, but there own website panics me!

[Faddy150]

It's meant to look scary so that people pay up! If they see you as a soft touch who pays up in the first instance then what is there to stop them asking for more? I'm not aware of that ever happening but you see what I'm saying.

 

You just keep paying your court judgement that's the important one and the ONLY one you should pay heed to.

 

It's Friday night, get yourself down the pub and chill out

 

Take it easy x

[renegadeimp]

If their website panics you, then why are you looking at it? :/

[Crazy Diamond]

ok ok i get it lol

 

i just have really bad anxiety im fine when i visit this forum because it seems i have nothing to worry about, but there own website panics me!

So stay away from their site.

[ericsbrother]

There is an issue here with a serious breach of confidentiality with your employer passing on details when they have no authority to do so. This is nothing to do with detection or prevention of crime, that was all done by someone else. Take the matter up with TKM and the Information Commissioners Office. It will be a long winded affair but the ICO makes public determinations if they cant get the company to mend its ways.

[2Grumpy]

If you did decide to pay, they would probably send an agreement to you to sign. That would probably include penalties/interest if you didn't keep up with payments ...

[jay_gee]

that makes no sense.

 

That is par for the course with RLP's communications. Whether they are simply stupid, or doing it deliberately is a moot point, but I suspect it is a combination of both.

We have seen this sort of intimidatory behaviour by RLP in the past. If anyone needed evidence that they are bullies, this is it.

 

The point they make is utterly specious, of course. You aren't divulging any details of your identity here. You do, though, have a legitimate concern that they may break the law and divulge confidential data.

 

All bullies behave the way they do because of inadequacy; in the case of RLP, they realise that their claims are at best on shaky legal grounds. As for whomever wrote that letter for RLP (and I could take an educated guess as to who it is), she demonstrates fundamental signs of a bullying personality - a deluded sense of her own grandeur and importance, and a sense of invincibility. You see, bullies don't think that anyone should challenge their actions or what they say - nor do they like being held accountable. What you've done, by asking a question that they find awkward to answer, is to highlight the bullying, inadequate personalities at RLP. Rather than responding properly and professionally to your point, they seek to criticise and intimidate you. Another classic sign is that she never knows when to stop, but again it isn't clear whether the cause is greed, stupidity or a combination of both.

 

There was a time when I thought that RLP's primary motivation was simply money, and I think that is still largely true. However, in the cases that come to CAG, I think the money becomes secondary. The primary driving factor becomes a need to show that RLP are cleverer than CAG, and it's a powerful factor - despite being bested over and over again, RLP keep coming back for more. These silly letters that try to intimidate on the basis of RLP following threads on CAG really highlight how much we get to them, which is great.

 

 

RLP know perfectly well that where you seek advice is entirely a matter for you. Their opinion on the subject is wholly irrelevant. Personally I'd ignore their latest missive, and laugh at the miserably inadequate personailities behind it, but be ready to complain to ICO if RLP are stupid enough to breach the DPA.