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been paying DWF after 1 plaster theft! im 16.


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Hi there im hoping someone can help me.

 

A few months ago,

I did a silly thing and took 1 plaster from a damaged box in sainsbury's.

I was caught and came back into the store.

 

 

They took my details even though the manager knew i was sincerely apologetic

and HE EVEN SAID NO LETTERS WOULD BE SENT TO MY HOUSE.

 

 

They said im banned for life and that i should leave.

No police were called.

They even let me appeal the ban and their security guard has been LETTING ME SHOP IN THE STORE,

SO THE BAN HAS BEEN LIFTED!

 

2 months later i received a threatening letter from DWF requesting £154.40!

 

 

Im just a 16 year old boy who couldnt afford for his family to find out

so I did all the wrong possible things and did the following:

 

 

Called up DWF.

Begged them to close this case (they said no )

Accepted the offer of installments of £30 a month.

So far i have paid 90 so 2 payments left.

 

Was this the right thing to do?

Do they actually take people to court?

 

 

I actually cannot afford to pay anymore money,

would they take me to court if i stopped paying halfway?

 

 

Now they see me as gullible i dunno what to do?

i cant afford to keep up these payments!

 

 

What should i have done and what should i do next?

if i pay the rest will they try come back and ask for more ?

 

Any help is appreciated

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stop payments

you've ben fleeced blind.

you should not have phoned them.

 

 

they are not BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

 

how have you been paying them?

 

 

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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stop payments

you've ben fleeced blind.

you should not have phoned them.

 

 

they are not BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

 

how have you been paying them?

 

 

dx

 

I know, i just panicked and definitely dont want court or even any letters. i paid through online banking and they have my email.

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I have a funny feeling that they cant do this to you as you are under 18?

 

 

i'll let the more knowledgeable ones comment further

but I think you can demand the payments back from them?

 

 

don't fret about any stupid letters

they have no legal powers whatsoever

and certainly cant and wont take you to court.

 

 

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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alright, if i were to demand money back how would i address them properly? i seriously dont want any letters, court or visits they've been threatening me, but i do want this to stop. what should i do next?

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issue is you phoned them

they will say ANYTHING over the phone to scare you into paying.

didn't record the calls did you?

 

 

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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issue is you phoned them

they will say ANYTHING over the phone to scare you into paying.

didn't record the calls did you?

 

 

dx

 

yes i know , and no i didn't record the calls. all they said over the phone was that the security costs are due to sainsburys sending the incident details over to dwf and that it incurs costs that are passed onto me. the letters have the threats and i have some emails from them too.

Edited by lowkey123
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Also, i paid for the item which was 1.10 so there was not any losses, sainsburys manager said no further action would be taken only a ban, dwf have no ground?s to take my money right

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read the letters properly

they don't say WILL anything.

 

 

if but might maybe could etc etc.

 

 

the £154.40 is a std cost they claim

its made up of nothing that is legally enforceable.

 

 

certainly not the costs of Sainsbury sending the supposed retail loss to them.

you stole a xxp plaster, people that have stolen £100's of goods

get the same letters charging the same fees.

 

 

def stop paying.

 

 

let others comment on demanding the money back due to your age.

 

 

I take it they are aware of your age?

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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Share on other sites

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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Share on other sites

one of the letters say if i dont pay court judgement could be entered, credit rating will be affected even though im child etc.

 

Yes they are aware im only 16 I've stated this to them.

 

Can others please comment on demanding money back and the risks involved with doing so aswell as risks of stopping payments? would be really helpful.

 

thanks

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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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Share on other sites

above thread confirms it

you are under the criminal age

they should not have done this

and no they cant do court

stop payments

and send them a letter

stating you now understand as you are 16yrs old

they should never have demanded money from you.

and you wish every payment back.

give them 14 days to refund the money

else you will be involving the relevant legal authorities.

 

 

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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above thread confirms it

you are under the criminal age

they should not have done this

and no they cant do court

stop payments

and send them a letter

stating you now understand as you are 16yrs old

they should never have demanded money from you.

and you wish every payment back.

give them 14 days to refund the money

else you will be involving the relevant legal authorities.

 

 

dx

 

can you please give me a template for me to use?

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Hi and welcome to CAG. Many thanks to DX for giving you exactly the help you needed.

 

There are no templates that you could use as every situation is different.

 

The simple fact is that DWF have no right to take you to court, even if you hadn't paid. Only Sainsburys could take any action (and possibly use DWF as their solicitor) but DWF caanot take any action off their own bat.

 

All this crap about affecting your credit rating is just another string they pull to get money out of you. To be clear:

 

If court action was to be taken, they would have a less than 50% chance of success if it was fully defended.

If the case was won and the charge was not paid within 28 days then and only then could they attach it to your credit file.

 

The risk of stopping payments. More letters. This you cannot stop. DWF will continue sending their drivel then pass on to a debt collector. If you can intercept these letters then that is fine but if your parents see them before you do, it may raise awkward questions.

 

To be honest with you, I would tell your parents (unless you are in a violent household). Yes, they will be disappointed but they will get over it and for one plaster, I think they will see how silly this case is. Once they know, you can then direct them to CAG so that they can read many other RLP/DWF threads and understand the legality of their claims.

 

I may disagree with DX here as I think trying to get money back from DWF will be a hard slog so maybe put that down as lesson learned but you could report them to the SRA for making misleading statements and threatening an under 18 where they had no right to do so.

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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Hi and welcome to CAG. Many thanks to DX for giving you exactly the help you needed.

 

There are no templates that you could use as every situation is different.

 

The simple fact is that DWF have no right to take you to court, even if you hadn't paid. Only Sainsburys could take any action (and possibly use DWF as their solicitor) but DWF caanot take any action off their own bat.

 

All this crap about affecting your credit rating is just another string they pull to get money out of you. To be clear:

 

If court action was to be taken, they would have a less than 50% chance of success if it was fully defended.

If the case was won and the charge was not paid within 28 days then and only then could they attach it to your credit file.

 

The risk of stopping payments. More letters. This you cannot stop. DWF will continue sending their drivel then pass on to a debt collector. If you can intercept these letters then that is fine but if your parents see them before you do, it may raise awkward questions.

 

To be honest with you, I would tell your parents (unless you are in a violent household). Yes, they will be disappointed but they will get over it and for one plaster, I think they will see how silly this case is. Once they know, you can then direct them to CAG so that they can read many other RLP/DWF threads and understand the legality of their claims.

 

I may disagree with DX here as I think trying to get money back from DWF will be a hard slog so maybe put that down as lesson learned but you could report them to the SRA for making misleading statements and threatening an under 18 where they had no right to do so.

 

So what is the best thing to do ? They have confirmed to me in email and writing that once they receive last payment they won't contact me again. What do you think I should do? As I already messed up and called/emailed them and already paid

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My opinion is only relevant if you are willing to talk to your parents. I cannot tell you what to do as I do not know you personally.

 

So, my opinion:

Tell your parents.

Stop paying DWF

Write them a letter telling them as such and if they have your phone number, demand they remove it.

 

If they do have your phone number and they start calling you, record them doing so. You will catch them in a lie. You do not have to tell them you are recording.

I'm not good at letters but I will try and throw something together to give you an idea. Bear with me.

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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This may not appear exactly as written. This is my idea of a letter. Others may say different. Everything in the parenthesis is for you to read and edit accordingly.

{your address here}

 

 

{DWF address here} {Date of letter}

 

 

 

 

Dear Sir/Madam,

{The DWF reference number here}

 

 

With regard to the above matter, I now understand that the charges you have levied against me are unlawful and as such, no further payments will be made by me.

In addition, I would request that you refund me the amounts I have already remitted to you in the sum of £90

{ You may want to put here that if they accept the money paid in full and final settlement then that will be the end of the matter...Your choice}

 

 

After receiving advice, it appears that these charges are unlawful as a retailer is not allowed to claim more than the actual losses incurred. In this case, you demanded £154.40 as security costs. As a solicitor, you would (or should) be aware of the case in 2012 regarding A Retailer - v- Ms B & Ms K where the retailer was roundly beaten. While this case did not set a precedent in law, it is persuasive should any action be taken by your client.

 

 

As you are fully aware, security costs cannot be recovered as they are not a consequential loss. Security costs are already factored into the costs any business incurs and the security staff are being paid to do exactly what you are attempting to recover from me.

 

 

There is also the fact that you have been threatening court action against me. It now appears that you cannot take any action against me as it is your client that must do so and the fact that you know that I am under 18 means that no action can be taken against me unless I have a Litigation Friend who is over 18.

 

 

Should you consider that this matter is not closed, I reserve my right to make a Formal Complaint followed by a referral to the Solicitors Regulation Authority with regard to misleading statements and threatening court action where you are not in a position to do so.

 

 

Yours etc.

 

 

{ your name, typed, not written}

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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This may not appear exactly as written. This is my idea of a letter. Others may say different. Everything in the parenthesis is for you to read and edit accordingly.

 

Alright thank you I'm going to send this today. What kind of response should I expect from them?

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They will argue that they are right and we are wrong of course. That is what they do.

 

They cannot take court action. Sainsburys have to instigate that but they won't nor have they...ever (to my knowledge)

 

They will still threaten and pass it on once they have failed to get the rest. Remember, this isn't about right or wrong. It is all about money and how much they can get out of you.

 

If they pass it on to a debt collector, they can also be safely ignored as they have even less power.

 

I suggest that once you have sent the letter, ignore any further letters as they cannot do anything to you without sainsbury's say so.

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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They will argue that they are right and we are wrong of course. That is what they do.

 

They cannot take court action. Sainsburys have to instigate that but they won't nor have they...ever (to my knowledge)

 

They will still threaten and pass it on once they have failed to get the rest. Remember, this isn't about right or wrong. It is all about money and how much they can get out of you.

 

If they pass it on to a debt collector, they can also be safely ignored as they have even less power.

 

I suggest that once you have sent the letter, ignore any further letters as they cannot do anything to you without sainsbury's say so.

 

Ok so I will send this off today , if they refuse to give money back or accept the £90 I'm just going to ignore them as I've had enough .

 

Debt collectors are clowns so I will ignore them too.

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Send the letter by email too and ask them to confirm they've got it - just in case they decide to say they didn't get it in the post.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Send the letter by email too and ask them to confirm they've got it - just in case they decide to say they didn't get it in the post.

 

Yeah definitely. I'll keep everyone posted on what happens.

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No civil debt is enforceable on someone who is under 18

so even if your eally owed them a million quid they cant collect a penny.

 

 

You have never owed them a penny so dont pay them any more

and just ignore their stupid letters/emails/ phone calls.

 

 

If they do phone block their number and make a complaint about their harassment to your phone provider.

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