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    • have you proved at what house was it left outside of & stolen from ...yours or the neighbours? the fact it was for a warranty return means nothing. neither does it that the repairer/retailer have special instructions with DPD for them not to leave a parcel outside unless specified by a customer ..you might have overruled them with your instructions on the DPD website, you stated, neighbour/safe space?? if it was left outside your door, which you appear to indicate RE: i can't see you winning this...you created your own problem with what you put on the DPD website?    
    • oh well i wonder what new fake documents they have made up then...for them to try this.... just to check nothing funky like Link have filed an n244 to lift the stay and strike out her defence....she hasnt moved since last court comms has she?   is this an n24? bit unusual for a 13mts stay to just be lifted... has she not received anything from link/kearns in the last fw weeks like a docs bundle? bit like this thread... https://www.consumeractiongroup.co.uk/topic/466576-lc-assetlinkkearns-claim-form-2-mbna-cc/?do=findComment&comment=5256397  
    • if the agreement was taken out jan 23, then she has not reached the 1/3rd mark so the car has not become protected goods under the consumer credit act.  this puts her in a very very vulnerable position regarding ever keeping the car....whereby once they have issued a default notice they can legally send a guy with a flatbed (though they are NOT BAILIFFS and have ZERO legal powers) to collect the car.  if the car is kept on the public highway then they can simply take it away and she will legally owe the whole stated amount on the agreement AND lose the car. if it's on private property i'e like a driveway, ok they shouldn't take it without her agreeing, but if they do, it's not really on but its better than a court case and an inevitable loss with the granting a return of goods order. are these 'health reasons' likely to resolve themselves in the very short term (like a couple of months?) and can she immediately begin working again ? i'e has she got a job or would have to find one?  answer the above and we'll try and help. but she looks to be between rock and a hard place . whatever happens she will still have to pay the loan off...car or no car....unless you can appeal to the finance company's better nature using health reasons to back off for xxx months.
    • no need to use it. it doubles the size of the thread and makes it very diff to find replies on small screens too. just like @username it - sends unnecessary alerts to people. everyone that's posted on your thread already inc you ...gets an automatic email alert when someone else posts.
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here is the letter

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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quite clearly says 'our client'

 

 

so as with any DCA

RLP can do BUGGER ALL

 

 

ignore them

 

 

pay wilkos directly

 

 

even if by small amounts.

 

 

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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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?

I think that these are very good points and you are broadly right. Overpayment of wages is recoverable unless it is subject of an estoppel.

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Time to report RLP for chasing debts to the FCA me thinks

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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dx I have tried to pay wilkos directly but they would not accept payment, saying it was out of their hands now.

Otherwise I would pay them and be done with this

Make sure that you keep a record of this. If you don't have it in writing then send them a postal order by letter. Keep photocopies of everything

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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.

[...]

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?

 

I think most of would agree that an (ex)employer does have the right to recover any overpayment of wages in the majority of cases. They have a duty of care to negotiate with the recipient and take in to account any/all personal circumstances. If a repayment plan is accepted, then it should not be passed to a third party and have outrageous "admin fees" added on top. £305.51 to collect a £90 overpayment is just taking the p***.

 

The OP needs to write to the payroll department and make arrangements with them, and only them - If RLP wants to recommend court proceedings, the judge would (hopefully) take a very dim view of the matter.

 

vegetto101: Write to the payroll department with your offer, inform them that you refuse to deal with RLP, and the publicity from any court case would not reflect well on their corporate image - It is important to put this offer in writing so that you have a paper trail in place should RLP push for legal proceedings.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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dx I have tried to pay wilkos directly but they would not accept payment, saying it was out of their hands now.

Otherwise I would pay them and be done with this

Make sure that you keep a record of this. If you don't have it in writing then send them a postal order by letter. Keep photocopies of everything

 

I agree. If you can manage to pay it all now just send them a cheque/postal order for £90.50 with covering letter saying it is full and final repayment of the overpaid wages. Send Recorded Delivery and keep copies of everything. It's unlikely they would send it back to you and refuse to accept it. If they did it it certainly wouldn't help their position in court if it ever came to that. If I were in your position and they sent it back I'd write back and say that I took their conduct to mean that they had waived their right to repayment!

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say that I took their conduct to mean that they had waived their right to repayment!

 

Sorry but I would not say this. Keep everything completely above board.

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Okay, a bit of an update. I just spoke to the payroll dept. of wilkinsons and they were happy to take payment from me today (change of heart or incompetent staff yesterday?)

I have payed £60.50 off the debt today and assured them I would be paying the final £30 on the 9th. I will have a receipt for payment sent in the post.

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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?

 

The issue here is not whether an overpayment of wages is recoverable or not, but whether RLP is undertaking a licenceable activity - debt collection - whilst unlicenced.

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Okay, a bit of an update. I just spoke to the payroll dept. of wilkinsons and they were happy to take payment from me today (change of heart or incompetent staff yesterday?)

I have payed £60.50 off the debt today and assured them I would be paying the final £30 on the 9th. I will have a receipt for payment sent in the post.

 

That's good news. If RLP chase you for their own costs (they probably will) come back for more advice.

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Ethel street: I will come back for advice if RLP continue to harass me with letters

 

Thank you all for your support and advice, it feels like a massive weight has been lifted. I will be sure to donate once I am more financially stable

And I will definitely keep an eye on the "business" practises of RLP

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Just tell RLP to go and do the other thing… Actually as they probably are reading this thread, you probably don't need to because they will know that that's what they've got to do, already.

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Personally I would write a letter to the CEO of Wilkinson asking if he is aware that his company had passed the debt to a company who is unlicenced for debt collection activity and that as their Clients are jointly responsible for any breaches and that you ARE sending a a complaint in writing to the FCA.

 

Attach a copy of the letter to both.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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This is the only email address I have for the CEO

 

[email protected]

 

however, there is also a director named

 

Mr Sean Peter Toal

 

and the registered address is

 

JK HOUSE ROEBUCK WAY

MANTON WOOD

WORKSOP

NOTTINGHAMSHIRE

ENGLAND

S80 3EG

 

So, the three pronged attack is what I would do.

 

1 report RLP to the FCA with a copy of that letter.

 

2 Email or write to Wilco with a copy of that letter and remind them that as RLP are their agent, any action taken by RLP will reflect on their company, especially if the Nottinghamshire press happened to get hold of the story :wink:

 

3 Have a bit of fun with RLP. All it will cost you is the price of stamps and some of your time to demand the justification for the extra £300+ that they have added.

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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As SF has pointed out, you/we really need RLP to hang themselves and give you a breakdown of the costs. PLEASE, PLEASE, PLEASE don't just let this die down and disappear.

 

I'm sure Jackie has already written you a letter, explaining it was an error, but lets really find out.

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