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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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I was in tesco and was caught shoplifting.

 

I took a pen worth £5 which I put in my pocket.

 

I needed to write something but was talking to my wife and put it in my pocket without realising.

 

After we did our shopping the alarm went off and the security guards pulled us to the side.

 

I emptied my pockets and they saw the pen.

 

They asked for photo Id but I didn't have any.

Only thing I had was bank cards.

They said if I didn't produce photo I'd they would call the police.

 

I didn't have anything but they saw my tesco clubcard and took it away.

Then they asked me to confirm my name and address and date of birth.

They gave me a pre written letter notice of civil recovery compensation.

The police were not called.

 

Then the security guards let me take my shopping and allowed me to leave the store.

 

What will happen next?

Will the police be contacted?

Will I get a criminal record?

I've never ever done anything like this before.

I'm sick with worry.

 

Will my employers be notified?

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Hi Aaftab,

 

The guys who can probably best advise you aren't around right now.

 

I don't think the police will be involved as they weren't called at the time, and I'm sure they won't be notifying your employer.

 

You will probably get a letter from RLP or another organization who act for Tesco.

 

Hold on until tomorrow, and I'll keep an eye on your thread.

 

DD

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First thing to do is to stop worrying!

 

Second thing is for you to develop a thick skin. Tesco operate a civil recovery scheme whereby your details will have been passed to a private company who will almost certainly write to you in the coming days to tell you that you 'must' pay an amount in compensation for your act of wrongdoing. They operate a matrix of charges whereby if the goods are worth less than £10 the charge is £X (used to be £85 or £92.50 - something along those lines I would have to check). They will tell you that the retailer is entitled to that money to cover the costs of security and time taken to process you during which staff were diverted from their normal duties, and that if you fail to pay, the retailer will have the option to pursue a CIVIL court claim for the full amount that your actions cost them.

 

Our advice is simple. DO NOT PAY THEM. Retail Loss Prevention Ltd have no power over you whatsoever, and they exist solely to try and extract money from people in your situation, of which most will go into their own pockets and not cover any 'security costs' whatsoever. The owner of this company has some very grandiose ideas of her own, and her company's self-importance, but the fact remains that they can do nothing at all. They are not the police, nor will the police be involved. Tesco had the opportunity to report the incident and ask for you to be dealt with by the police at the time and they chose not to do this. Why? Perhaps because the worst that would happen is that the Police would have given you an £80 fixed penalty, and RLP would have got nothing of that, whereas by dealing with you by way of Civil Recovery they have a 'chance' at least of getting a nice fat bonus.

 

When you receive the first letter, you should either ignore them, or send a simple response that states that you do not acknowledge any liability to either RLP or the client that they represent. You will get more letters, using increasing legal terminology - which is wildly inaccurate, misleading and used inappropriately - and (because they read this forum and match names or circumstances to cases), will tell you that they are aware that you have taken advice and have acknowledged your actions on that nasty Consumer Action Group website, where we know absolutely nothing and are not legally qualified, and are making matters worse for you. They will then get a debt collector to write to you in a final attempt to get you to pay up, and if you don't they will 'recommend to their client' that they proceed with a County Court claim for the full amount.

 

At that point, you will almost certainly hear nothing further - the reason being that only the retailer can take legal action, and they can claim ONLY for actual losses caused as a direct result of your actions. Think about it - the staff who apprehended you were doing the job which they are already paid to do - and in any case how many hours would it have taken at £10 per hour for their costs to add up to almost £100 anyway? The goods were recovered, so no loss there, and nobody was prevented from revenue generating activities, so no loss there. In short, Tesco would have a very tricky time in making a successful court claim, and the last time that RLP persuaded one of their clients to make such a claim, they lost the case in extremely embarrassing circumstances, which would make any sensible retailer run a mile at the suggestion of going to the same trouble - especially over a single incident and a £5 pen!

 

Your employer cannot be told about this, and the police will not be involved after the event, nor will this be recorded anywhere on your record. You are not likely to repeat this incident, so should simply get on with your life. Tesco will have banned you from their store, so I would shop elsewhere in future as they would be within their rights to ask you to leave.

 

To make it clear, we don't condone shoplifting (and your case could well be as you have described - an innocent mistake), but the correct way of dealing with this is through the police, and not through a private company whose sole aim is to generate profit. They are not interested in justice, or in innocent mistakes, just in making as much as possible from each case that they are given - it is that aspect that we disagree with wholeheartedly, and that is why you should not pay them a penny.


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Thank you so much for the response.

 

The company that tesco are using are called Civil recovery Ltd, E49PT.

 

Don't know if that makes any difference.

 

I have always paid my fines straight away.

 

Ignoring their request for payment will be very difficult.

 

When they send reminders will the fine increase?

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Thank you so much for the response. The company that tesco are using are called Civil recovery Ltd, E49PT. Don't know if that makes any difference. I have always paid my fines straight away. Ignoring their request for payment will be very difficult. When they send reminders will the fine increase?

 

It is NOT a fine. All they have sent you is an invoice for what they think is reasonable for the loss of their clients and to cover their costs.

 

Tesco did not make a loss, as the Pen was recovered. You made a genuine mistake putting the pen in your pocket and Tesco got the Pen back before you left the store. So there was no loss to Tesco.

 

Follow the advice from Sidewinder.


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It is NOT a fine. All they have sent you is an invoice for what they think is reasonable for the loss of their clients and to cover their costs.

 

Tesco did not make a loss, as the Pen was recovered. You made a genuine mistake putting the pen in your pocket and Tesco got the Pen back before you left the store. So there was no loss to Tesco.

 

Follow the advice from Sidewinder.

Thank you for the response. The security guards didn't mention it at the time but have I been banned from all tescos?

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Thank you for the response. The security guards didn't mention it at the time but have I been banned from all tescos?

 

No, I doubt it. You may not be able to use your Clubcard again.


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Hi

If you were not issued a banning notice then you haven't been although they 'could' still do so.

 

I heartily concur with all of the above comments. CRS are just the same as RLP and DWF in that they send a few letters which get more desperate as they go. A debt collection agency may also become involved and you may get a solicitor letter. This matters not one bit.

 

When the letters turn up, read every line carefully as they will contain 'if', 'may', 'could'.

 

Only Tesco can take you to court and after a case last year where RLP got a mauling in court, Retailers are now loathe to go there.

 

So, in a nutshell, lots of letter but bu**er all they can do.


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Oh yes,

 

If you choose to write a one liner to them their address in London is a mail forwarding service

 

145-157 ST JOHN STREET

LONDON

UNITED KINGDOM

EC1V 4PY


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks so much for the info. When I get the letter I will post up. I saw this letter which I may write to then.

 

 

 

Dear (signatory)

 

Thank you for your letter of xxx.

 

It appears you are non-compliant with civil procedure, in that you have failed to state a discernible case against me and you have failed to show me the documents on which you intend to rely. That is to say, your letter discloses no evidence and no case. Your letter also is not a Letter of Claim.

 

Until and unless you comply with civil procedure by providing a heading "Letter of Claim" AND disclose all the evidence on which you intend to rely AND disclose your legal case, as is required by civil procedure, I am not only unable to respond but quite unable to understand why you are making these demands.

 

Further, you make unlawful threats against me which as already explained fall outside of legal protection. I reserve my position as to whether I will pursue you, and/or your "client" (assuming it is true you act for them), in the criminal and civil jurisdictions.

 

Yours

 

xxxx

 

 

What you think?

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Not that one. I think that is when a court case is threatened.

 

All you need to send is this:

 

"Any liability to either you or any company that you represent is denied"


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Agreed. Do not send them anything at all at this stage. Why set out their case for them and engage in conversation?

 

A simple denial of liability is all you need and ONLY once you receive something which threatens action. CRS are part of TSS who provide the security guards for Tesco. They still have no rights to take action on Tesco's behalf.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Thank you again for the replies and information. It's been over a week and still not received a letter from civil recovery. Any idea how long they will take?

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Could be a week, could be a month. It doesnt matter. The advice is still the same.


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

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Hi guys. I received a letter from RLP. They want £90 which it reduced from £300-£400. The letter is 2 pages long. It mentions the usual facts about making payment with in 14 days, courts etc.

 

Is it worth writing a one liner to them yet?

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Ignore them if you can as it makes them waste money on an envelope and stamp.

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Ignore them if you can as it makes them waste money on an envelope and stamp.

 

Letter was from RLP

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Follow the above advice. EIther ignore or send the one line letter. Then bin anything else jackie sends.


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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Follow the above advice. EIther ignore or send the one line letter. Then bin anything else jackie sends.

 

Hi guys. I took your advice and ignored the first letter. I got another letter today saying I have failed to comply and client is now in a position to issue proceedings against me and urges me to take legal independent advice. My information may be passed onto the police.

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"Is in a position to issue proceedings " : yup, sounds scary but, I'm also in a position to issue proceedings against you, as much as you are in a position to issue proceedings against me : doesn't mean they have an arguable case!

 

Again "your information may be passed to the police" : again, may: not will.

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Did she happen to mention something about Internet adice?


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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Scan and post up the letter - after removing all personal details - and we can compare it to the letters that others have had. I guarantee it will be identical to at least one of them, and not one person has ever had a court case or police involvement as a result.


Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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" your information may be passed to the police" Yeah, I can imagine someone from RLP trotting down to the local cop shop and handing over a list of names and telling the desk sergeant "we have a list of names here of people who didnt actually steal anything but we want to scare them into paying us lots of money, will you get a constable to visit them and instruct them to pay up?" What I cannot imagine is the response from the desk sergeant.

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 1335 days.

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