RLP recovering holiday pay

[vegetto101]

This is my first time posting so I apologise if I get something wrong or miss something out.

 

I was working at Wilkinsons about a year ago and

I was overpayed £120 in holiday pay before I left, I did not know at the time.

 

A few months passed and I received a letter from wilkinsons asking for the amount.

 

I rang them and explained that I had no money and was trying to get my benefits

so I could actually have some money and would then be able to pay them once this was sorted.

 

In september I managed to get my benefits and paid them what I was able to,

which was £30 and would pay some more when I got my next benefit.

 

They said that was fine and assured me that my details would not be passed on to a third party collection agency.

 

My next benefit was sanctioned and I have been fighting with the DWP to get my JSA so I could clear this.

 

Today I received a letter from RLP claiming they were acting on behalf of wilkos and I owe them a total £395.

I have no idea where they have plucked this number from...

 

Is it possible to just pay the original amount in full to the company to who the debt was originally owed?

 

I want nothing to do with RLP and this is sending me sick with worry.

 

Please any help would be greatly appreciated

[dx100uk]

moved to the retail loss prevention forum.

 

 

you owe them nothing TOTALLY ignore them

 

 

read the threds here

 

 

though I must admit this is the first time I've heard the chasing a wages over payments.

 

 

please be assured they have NO LEGAL POWERS WHATSOEVER.

 

 

dx

[BankFodder]

So RLP finds another way to make money out of other people's misfortunes.

 

We may as well find out more about what is going on here. I would suggest that you don't ignore them.

 

Write to them and tell them that you have no idea who they are and you want evidence that they are representing Wilkinson's.

 

Tell them also that you have no idea why they are asking for such a sum of money and that you deny any liability. Tell them that you want a full breakdown of how they arrive at that sum.

 

Tell them that if you have a satisfactory response from them then you may consider what your next step should be.

 

Please come back here when you have the answer. By the way, RLP monitor this forum so don't be surprised if they make some reference to it. Above all, don't be worried. As long as you act honestly and above board then there is nothing to be concerned about.

 

You must also write a letter to Wilkinson's. This is partly because I expect that you have been doing everything on the telephone and you don't record your calls. This is extremely foolish. You should always record your calls whichever company you are talking to. You will never regret it.

 

You need to write to Wilkinson's to set down a paper trail. Refer to your previous conversations with them, remind them that you said XXX – and that they said YYY and that you then said ABCD and they replied EFGH and that finally you agreed MNOPQ. Therefore you are extremely surprised to be told that they have shared your information with a company and that you have now been contacted by a company which purports to be acting on the behalf to collect an alleged debt.

 

Ask them why they have done this.

 

Do not say anything else in your letter. Don't make any admissions or promises. Simply recite the discussions you have had with them and what was agreed. It is very important to get this down on paper somewhere.

 

Come back here when you have any of these answers. In the meantime, start reading up on estoppel. Follow the link under – estoppel – to give yourself a head start

[ScarletPimpernel]

If you need help drafting the letter to RLP let us know and we will help you.

[vegetto101]

I have just spoke to the woman I was originally dealing with and she say's that the issue is now out of her hands and refused to take the original outstanding amount of £90, when I offered to pay it right now in full.

I am now quite afraid of contacting this nest of parasites that are obviously trying to shake loose whatever money they can from vulnerable people.

I could ask them if it's possible to pay only the original amount to them but no doubt they will say no and demand the £395 be payed

This really isn't helping my depression

 

I am very grateful for your help though, thank you.

[postmn]

you contact them in writing stay off the phone that way you hav e a paper trail

[BankFodder]

It is in your best interest to write to them as I suggested – and also to write to Wilkinson's and to put it all on paper.

 

Wilkinson's are wrong to refuse to accept your money – and when you write to them, confirm also that on such and such a date you offered to repay the money as a gesture of goodwill and they refused. Point out to them that you consider that they have no right to refuse any payments and that they have a duty to mitigate their loss.

 

If this ever goes to court, the judge will be very impressed that you try to pay the money and he will be less than impressed that Wilkinson's have refused to take the money.

 

They are obviously run by children and don't know their way around the street. Maybe they've been advised by RLP

[vegetto101]

Thank you for the advice, I will contact them via post in a day or two when I have wrapped my head around this and I am a little less distraught.

At this moment in time though I am sleep deprived, upset and very angry.

Any ideas on what to put in writing would be greatly appreciated

[BankFodder]

No need to be distraught here. You have done nothing wrong. In fact by offering to repay them you have done more than you probably would be required to do if they took you to court.

 

The whole thing is very unfair from your ex-employers – but from RLP and the debt collection industry in general, this kind of stress and pressure is to be expected.

 

Look through my posts carefully and you will see that if you follow the instructions, you will easily manage to write what is necessary. As far as RLP is concerned, the main objective is to make contact with them and show them that you are prepared to be feisty and that you will cause trouble for them if they proceed with this.

 

If you show them that you are already disheartened, then RLP will take comfort and they will continue to press you the payment of this extremely extortionate and unjustified sum of money.

 

Stick with us and let yourself be helped. Get these letters out as quickly as possible. Once you have done them and sent them, you will feel as if you have put yourself in control and you will feel much better. If you allow yourself to go the next couple of days feeling wretched and avoiding the letters, you will just feel worse about it and you will be effectively acting in the way that RLP want you to act

[ScarletPimpernel]

Try something like this to RLP:

 

Dear Sirs

 

I refer to your letter dated xxxx. I do not acknowledge any liability for the sum you claim I owe.

 

You have not provided any detail as to how the amount you are claiming has been arrived at.

 

Unless you provide me with a breakdown of the amount you are claiming, and what your involvement in the matter is, I regret that I am unable to consider your letter further.

 

Yours etc.

 

Don't expect a sensible reply; RLP's correspondence is usually circumloquacious and unhelpful. They are bullies with delusions of authority, and it is best to be aware of this from the start, so you do not take what they say too seriously. We have a good deal of experience in dealing with RLP, and it is best to keep letters to them short and to the point; don't be tempted to go into detail with them.

 

RLP like to sound big and important, but the reality is that they are impotent and the most they can do is send out some letters designed to scare people into sending them money. These are just words on a piece of paper, though - nothing to worry about.

 

It will be interesting to see what they come back with. I won't say yet exactly why, but this could be really important.

[silverfox1961]

WOW! This is a first for me as I have a particular interest in RLPs practices.

 

Is there any possibility of letting the site team have a copy of this letter. You can remove anything that identifies you.

 

By passing this case to RLP who have added a fictitious amount to it puts RLP into the debt collection business. I am not sure whether they would need a licence to do this

 

This is just my opinion so it may get get kicked out.

 

Wilkinson may have defamed you by passing this to a company that deals with theft. You were never accused of theft. You were overpaid by Wilco's

[SabreSheep]

Definatly unplug your phone. And as others say, RLP cannot take you to court EVER no matter what they say. Last time they tried was in 2012 and it ended badly for them

[ScarletPimpernel]

Definatly unplug your phone. And as others say, RLP cannot take you to court EVER no matter what they say. Last time they tried was in 2012 and it ended badly for them

 

RLP cannot bring court claims themselves, so to be accurate the 2012 case ended badly for the retailer who did bring the case.

 

RLP write a lot of drivel about court claims, but the chances of a retailer issuing a claim is remote.

[Mr.P]

By passing this case to RLP who have added a fictitious amount to it puts RLP into the debt collection business. I am not sure whether they would need a licence to do this

 

I was also under the impression that RLP would need a credit licence in order to act as a DCA - It might be worth addressing a complaint to the FCA and see what they have to say about the matter.

[renegadeimp]

I was also under the impression that RLP would need a credit licence in order to act as a DCA - It might be worth addressing a complaint to the FCA and see what they have to say about the matter.

 

They do. But then again, this is Jackie and co we are talking about. The same people that tried to tell a judge that he was wrong when finding in favour of a defendant.

[Mr.P]

But then again, this is Jackie and co we are talking about.

 

My apologies. In my defence, I forgot it was panto season and all the old hacks were worming their way out of the woodwork looking to play their part.

[ScarletPimpernel]

In the past, RLP applied to the OFT for a Consumer Credit Licence, but were told they didn't need one, because they don't collect debts. Leaving aside the fact that it shows that RLP's speculative invoices don't create legitimate debts, I don't think that they'd ever sought to recover an overpayment of wages - which is a legitimate debt. Collecting of such a debt is clearly a licenceable activity.

 

That is why I'll be interested to see how RLP reply to the OP. Will they try to dress up debt collection as some sort of faux claim for damages? How will they explain the additional amount they've added on?

[vegetto101]

Thank you all for your support, I am about to send my letter to RLP (probably second class, not worth the money)

I am still unsure of what exactly to put in writing to Wilkos but you are right, they have defamed me and I feel lumped in with thieves and criminals having to deal with RLP.

When I made it clear from the very start I had no intention of retaining the money that was wrongfully paid to me.

 

I just tried to link a picture of the letter I received but it would not let me until I have at least 10 posts...

[honeybee13]

Hello there.

 

You can email the letter to me if you like, I'll PM you with an address.

 

HB

[BankFodder]

Don't start using words like defamation etc. It's a bit wild and far too emotive. Just keep you letter calm, too the point and factual. Short is good. Long is bad

[Ethel Street]

I don't want to be the party pooper but

 

 

I don't think the impression given here a couple of times that OP isn't required to pay these sums

or couldn't be taken to court is correct.

 

 

This isn't one of the alleged shoplifting-type cases where we usually come across RLP.

 

 

The underlying claim here is for recovery of overpayment of wages and OP agrees that happened.

 

 

I'm pretty sure it's established law that if an employer overpays wages in error

they are entitled to recover them and go to court to secure repayment if necessary.

 

 

So to that extent it's not correct to imply that OP wonn't be taken to court,

we don't know how far the employer would be prepared to go.

(Whether Wilinson's subsequent action in refusing the wage repayment when offered has damaged their case procedurally is another matter).

 

 

Whether the additional sums RLP have added to get to £395 can be recovered is a different matter again,

but the wages overpayment itself is surely recoverable?

[vegetto101]

I have no problem paying back the money that I owe to my ex employer, which is £90.50.

That money at the end of the day is not mine and I have no right to it.

The retailer would already have their money back by now if they had accepted it yesterday.

An extra £304.50 to RLP is what I have a problem with

[dx100uk]

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[dx100uk]

I don't want to be the party pooper but

 

 

I don't think the impression given here a couple of times that OP isn't required to pay these sums

or couldn't be taken to court is correct.

 

 

This isn't one of the alleged shoplifting-type cases where we usually come across RLP.

 

 

The underlying claim here is for recovery of overpayment of wages and OP agrees that happened.

 

 

I'm pretty sure it's established law that if an employer overpays wages in error

they are entitled to recover them and go to court to secure repayment if necessary.

 

 

So to that extent it's not correct to imply that OP wonn't be taken to court,

we don't know how far the employer would be prepared to go.

(Whether Wilinson's subsequent action in refusing the wage repayment when offered has damaged their case procedurally is another matter).

 

 

Whether the additional sums RLP have added to get to £395 can be recovered is a different matter again,

but the wages overpayment itself is surely recoverable?

 

 

 

 

yes but NOT using RLP.

 

 

something smell s here

[Ethel Street]

vegetto101, if you are in a position to repay the £90.50 now maybe you should simply send that amount direct Wilkinson's now?