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    • Having another go now. Here is my thoughts on approach with the defence while I edit the WS. Focused around proof of service of CCA required paperwork, referring to s136 and s196 Law of Property Act 1925, and this section (my highlights) "Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter addressed to the lessee, lessor, mortgagee, mortgagor, or other person to be served, by name, at the aforesaid place of abode or business, office, or counting-house, and if that letter is not returned through the post-office undelivered; and that service shall be deemed to be made at the time at which the registered letter would in the ordinary course be delivered." Having a photocopied letter only in exhibits is not proof it was serviced. Strict proof? Proof of postage/receipt? Or, am I missing the point with the above please? And somehow arguing the agreement looks smelly.. like I could have typed it up myself. - not sure how this can be argued correctly, but it's just a piece of paper with my name on it, I think having a judge decide is a perfectly reasonable thing for a person to do if they don't think it's right. As it's my first court case and potentially many to come, I'm keen to experience it (or one of the first ones), I can afford to argue this one in court. I will also benefit from seeing this through for future decisions I will have to make.. rock and hard place With all of that said, and taking dx's advice, I'll TO if attractive and maybe do court on future ones that have a greater chance at success.
    • Back in 2019 this forum helped me to get free of Payplan and through some CCA letters dispense with a number of old debts. One related to a Barclays Overdraft from the early 00s, last payment through PayPlan was 04 June 2019. I have informed Drydens in both May 2019 and June 2023 of change of address. No letters beyond a confirmation of the change and a request for finanical details, which ive ignored. Today ive just received 2 letters from them that look like notice of assignment, or confirmation of appointment letters - along with the usual requests for payment and mild threats of further action. What i was wanting to know is do i just ignore these as per usual? I know that i cant CCA an overdraft debt but what is the usual "plan" for dealing with old overdraft debts? Am i trying to run the clock down until June 2025 when it becomes statue barred?
    • put selling and dca's and a very rare chance of a court claim out your mind. months/years if at all. but never ignore a letter of claim. as for the rest, to be frank you are now in the knowledge/research stage. a day.  
    • Upcoming changes to DRO rules The rules to qualify for are DRO are changing on 28 June 2024. From this date, the maximum level of debt you can have for a DRO will increase from £30,000 to £50,000. Another change on the same date will mean you may qualify for a DRO if you have a vehicle worth less than £4,000 (the current limit is £2,000).   Debt Relief Order Unit Insolvency Service Phone: 0300 678 0015 Email: [email protected] Individual Insolvency Register www.insolvencydirect.bis.gov.uk/eiir/ Insolvency Service www.gov.uk/government/organisations/insolvency-service   .   .  
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DWF Solicitors claiming i owe £150 in security costs


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This has just happened to me! Diid you pay DWF? im terrified. the police believed me that it was a genuine mistake so why am I receiving these scary letters from DWf.

I didnt even leave the shop but CAB have told me I should pay the £150-seems ridiculous for a letter saying 'amount of goods taken- £0, amount of damage - £0 and security costs £150

 

Please help me I am not sleeping and do not want to go to court!

 

After a self-scanning mistake (£3 vegetables unpaid on a £20 shop) the police were called and believed me that it was a mistake.

There was no mention of RLP to pay but now sainsburys have banned me from their stores for life (a joke!?) and DWF are sending me letters asking for £150 or they will take me to court.

 

I am terrified and not sleeping. The letter seems ridiculous as I didnt even leave the shop with any 'stolen' goods- the security stopped me before the exit doors. The police also didnt fine me or caution me, just wrote me a stop and search note.

 

Can DWF claim this money? I cannot have a criminal record and do not want to go to court for a self-scanning error. I will never use the self-scanning tills again and feel badly treated by sainsburys.

 

DWF are real solicitors so can they legally ask for these costs? Surely sainsburys didnt lose any money on my behalf or have to pay the security guards extra to rudely interrogate me.

 

Also surely the supermarket has no right to retain my details or pass them on?

 

Please help put my mind at rest. thanks

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I spoke to a woman from CAB and she told me I should pay the money to DWF as they are real solicitors and Sainsburys is a big organisation I dont want to get in trouble with...

 

the letter says the burden of proof is lower in civil courts and they can demand civil recovery losses- but I didnt cause them any losses??.. i do not want to go to court but have had two letters demanding payment

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a lot of companies use solicitor for hire, i.e. they pay a firm to use a threatogram in the hope of the person pays up, read so many threads on these sites and they will tell you the same thing, read their letter and report back does it say MAY this May that?

 

CAB nearly cost me a lot of money with false information in the past, good job I did not panic at the time, as the other party had to pay me in the end.

 

Help is on its way to this thread so look out for responses.

 

the letter says the burden of proof is lower in civil courts and they can demand civil recovery losses- but I didnt cause them any losses??.. i do not want to go to court but have had two letters demanding payment

 

 

 

Exactly

 

we call them speculative invoices from them in the hope you panic.

:mad2::-x:jaw::sad:
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What terrible reasoning by CAB.

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

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After a self-scanning mistake (£3 vegetables unpaid on a £20 shop) the police were called and believed me that it was a mistake.

 

The police also didnt fine me or caution me, just wrote me a stop and search note.

 

Can DWF claim this money? I cannot have a criminal record and do not want to go to court for a self-scanning error.

 

The police did nothing. You will not get a criminal conviction over this.

 

If the supermarkets want the customer to use self-scan checkouts rather than paying for trained staff, they must expect mistakes to happen. If I am required to use these contraptions, then I expect to be paid for my time.

 

Should DWF ever issue a civil claim (highly unlikely), inform them that you will put in a counter claim for time spent substituting for shop staff.

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totally ignore DWF they can do nothing.

 

 

forget it

you made an honest mistake

 

 

now go get on with your life.

 

 

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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Ignore CAB, very very bad advice, again!

 

If the Police took no action, then there has been no crime committed.

 

And only a court can fine you, and for that to happen, the Police would have reported you for the criminal offence of theft, they didn't, and DWF are simply exploiting your lack of knowledge and are hoping you will give them the money simply because you don't know any better.

 

Can you scan and post up the letters you have received? Remove ALL identifiers, follow the instructions to upload

 

DO NOT PAY anything.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi

Since the CAB 'Uncivil Recovery' article posted many years ago, they have taken the stance of accepting the easiest option. Get rid of the complainant!

 

It was CAB that got involved in the 2012 case where a retailer got spanked so why have they changed tack?

 

DWF act for Sainsbury's in allegations of shoplifting and are as powerful as RLP in this matter. NONE!

 

One thing, ANY store can ban a person for any (or no) reason whatsoever. Why the police were called is ridiculous for such a small amount. Another question that comes to me. How come the self scan didn't notice that something was in the bagging area when it hadn't been scanned?

 

I would be fuming with Sainsbury's and complaining most strongly. How their security can say it WAS shoplifting when it was a mis scan is beyond me.

 

As for DWF, ignore as they are acting for Sainsbury's and can take no action. Sainsbury's have to instigate the action and then could instruct DWF to litigate but I feel they won't as they will have a hard job justifying the £150 security costs when the store security staff are already paid to do the job.

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

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Hi

Since the CAB 'Uncivil Recovery' article posted many years ago, they have taken the stance of accepting the easiest option. Get rid of the complainant!

 

It was CAB that got involved in the 2012 case where a retailer got spanked so why have they changed tack?

 

 

I don't think they've changed tack.

 

I suspect that this type of bad advice is down to some of the individuals who volunteer at CAB getting it wrong. Unhelpful and doesn't reflect well on CAB, but given the pressure on CAB, and the range of subjects they give advice on, I'm not surprised that they don't always get things right.

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last time I was given advice by CAB was in a small room with 3 of us in it i.e. I was sat on a toilet seat,

 

 

the advisor was leaning against the window ledge, and my O.H. leaning on the door hoping nobody moved as we would get squatted,

 

 

by the way the advice was from an ex Lloyds Bank Manager for which I ignored

as it turned out to be Bias towards the banks etc

and did the opposite and won.

 

 

he did apologize for lack of space in the building lol lol

:mad2::-x:jaw::sad:
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If you want to play letter tennis then invite RLP to take you to court where you will call the police officer as a witness to the fact that no crime had been committed

so there is no cause of action for them or anyone else

 

I would be complaining to the CEO of sainsburys about this as well for the store passing on your details to a bunch of crooks

 

 

when it had been found that you were innocent of any of the allegations made by his staff

 

 

ad you expect not only a correction of the data held by Sainsburys and their agent

s but a proper apology as well before it becomes public knowledge that Sainsburys

are vindictive liars and treat their customers with utter contempt..

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After a self-scanning mistake (£3 vegetables unpaid on a £20 shop) the police were called and believed me that it was a mistake.

 

 

Hi goldteeth

 

 

I'm a self scan operator, now I'm not accusing you of any wrong doing, but want to find out what happened to cause this

 

 

So these items, £3 of vegetables, I assume they were pre packed and had a barcode which you would have scanned; now if you have thought you have scanned the vegetables, and placed them in the bagging area

 

 

From my knowledge this would have brought up an alert, which has to be corrected by the operator, someone like my self. First thing we establish what was the last item the customer had scanned, we then check if its in the bagging area, if this is not the case. Were expected to look at what is in your bag, and what is listed on the screen, and find the item which possibly hasn't been scanned

 

 

If the operator hasn't done there job properly, so for instance, you have place the bag of veg in the bagging area, and it comes up as an alert, and the operator just clears it and walks away; and you go to pay and once you walk out the shop get stop and accused of theft, and based on this I would say, the problem occurred because of the operator, and maybe an over zealous security guard

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If the operator hasn't done there job properly, so for instance, you have place the bag of veg in the bagging area, and it comes up as an alert, and the operator just clears it and walks away[/Quote]

 

This seems to be the most common reaction to an alert in my experience!

 

Having said that, you would have to be extremely unfortunate that a guard happened to be watching the self-serve CCTV at the same time as a mis-scan occurred. Are you sure that nothing else happened during your visit which might have caused the guard to be watching?

 

Definitely ignore DWF. There is nothing they can do. As for the ban, they are within their rights and do not have to justify their reasons, however you could do as suggested, and make a fuss with Sainsbury's HO about this.

 

Keep in touch and let us know what happens next

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

 

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Hi goldteeth

 

 

So these items, £3 of vegetables, I assume they were pre packed and had a barcode which you would have scanned; now if you have thought you have scanned the vegetables, and placed them in the bagging area

 

 

From my knowledge this would have brought up an alert, which has to be corrected by the operator, someone like my self. First thing we establish what was the last item the customer had scanned, we then check if its in the bagging area, if this is not the case. Were expected to look at what is in your bag, and what is listed on the screen, and find the item which possibly hasn't been scanned

 

 

 

I mentioned this exact thing in my post above. I suspect a jobsworth security guard exercising very poor judgement. A complaint in the strongest words is the only option.

 

If this had happened to me, I would engage in letter tennis with DWF as I would quite enjoying ripping them a new one. Futile but fun.

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

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Hell imagine if this made the local paper

 

Im sure it would encourage more people to use self scan......NOt

 

Maybe point that out to the CEOs office

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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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