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    • So ignore any calls/letters off DCAs and try and work with PayPal directly to pay small amounts that I can afford?  Like ive said, I’ve opened a new bank account and transferred my regular in’s and out’s to that account. I’ve removed my old debit card from PayPal but left on there my old bank account info, reason being I’m hoping that makes it easier to send payments to PayPal. Does this seem a good idea? 
    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
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I've read a fair few posts about ignoring these letters and all but would like to know if my situation is any different.

 

I set off the security things on my way out from work one night (I used to work at TkMaxx)

and we couldn't find what set the beeping off.

 

 

I later phoned back to say i'd found a soft tag that i'd been playing with stuck to my magnetic name badge.

The only thing bothering them was that i had a top in my bag that i had no receipt for.

 

The last purchase i made was for a grey vest and the top i had in my bag was white with black sleeves.

i had had an accident with makeup in my bag and rolled up this vest with the top i grabbed from home to protect it as i was intending to return it....

 

long story short (and the details dont particularly matter)

 

they dragged out this 'investigation' for about 2 weeks,

during which i was obviously suspended. my anxiety was through the roof.

 

during my final disciplinary he had said to me that he did not feel that i had sufficiently explained the incident

and that based on those grounds he was going to dismiss me for gross misconduct.

 

he did not once say 'yes we believe you have stolen it' or 'yes we are 100% certain you have stolen'

he just said he didn't feel my explanation was good enough.

 

fair enough, i wanted to leave anyway.

i did not enjoy working for them.

 

 

HOWEVER. during my disciplinary, i was in a holding room and pointed to the RLP poster on the wall

(as i had heard about them from researching before my disciplinary)

and asked the note-taker (a Team Leader at TkMaxx) whether or not i would have to pay a fine

as I had heard the LP next door dial RLP on speakerphone......

 

He said to me, 'i don't think so, otherwise you would have been informed

and they would have mentioned it today' and i never thought anything else about it.

 

Fast forward to now and

 

 

i've just started an apprenticeship (so will be on waaay lower wages)

and i've just got a RLP letter through the door that first of all says LETTER BEFORE CLAIM at the top and then says:

 

Value of goods which was not recovered: £7.99

Contribution towards the cost of the time spent investigating blah blah blah £197.50

 

TOTAL £205.49

 

I'm panicking, my anxiety is starting to rise and i'm just worried about whether or not my situation is any different?

Will i have to pay this?

will they press charges because i worked there??

 

I will not be able to afford it either way :/ and i'm 23 btw

Edited by kgfalcon

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letter before claim means nothing

its letter before action that means poss court.

 

they can 'claim' what they like!!

 

bottom line is they cant do anything anyway.

 

can you scan it up a PDF suitably redacted upload

 

for our collection


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I'll try to scan it somehow and post it, so that means I just do as you've all been saying and just IGNORE everything unless it mentions court? Thank you for the quick reply btw coz I actually felt my heart drop out of my bum when i opened the letter this morning, feeling a little bit calmer now.

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oh and it is not a fine!!

yes totally ignore everything


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is it literally just them trying their luck to see which vulnerable people agree to it and pay up? like do they just terrorize people with these letters?

 

i read that its gonna go on for quite some time, do you have any idea how long i'll be receiving letters for??

 

thanks x

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Hi and welcome to CAG

 

Shoplifting and employee theft are different. In some cases the store will take action against an employee if the value of the stolen items is high but this is not the case here.

 

RLP use this letter before claim to scare the individual into falling for their ploy. I don't feel TKMaxx will do anything with this as they do not have absolute proof of anything.

 

The most feel would happen is that RLP pass this on to a tame debt collector who have as much power over you as I have.

 

It would be nice to see all the letters that have been sent to you (suitably redacted to cover up all identifiable ID)

 

Follow the instructions that DX posted and make sure they are all pdf's


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What bothers me is that in the letter it states that I HAVE taken something

and says yes i'm guilty and i have stolen. I have not.

 

 

It literally is just a case of things adding up which aren't related

but which make me look like i am guilty which is why when i explained it,

it did nothing to help my case because i know how it sounded.

 

 

its a pooey situation and i would never put myself in it because of my anxiety.

2016 staff theft letter before claim.pdf

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that's their usual twaddle

if you read it carefully doesn't say will anything.

 

two things they can do are:

Bugger

and

all

 

 

dx


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thanks so much guys, its really helped calm me down a lot! don't feel like i'm going to have a heart attack anymore haha x

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If all that your (ex) employer had to say was "we don't consider your explanation is good enough" but stopped short of saying "we believe you have stolen this item", I would consider sending Ms Lambert a terse reply:

 

I accept your offer to negotiate an alternative settlement. Namely four weeks of pay in way of compensation for a sloppy investigation and dismissal based on conjecture and lack of hard evidence. A cheque made payable to myself within fourteen days will be acceptable.


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If all that your (ex) employer had to say was "we don't consider your explanation is good enough" but stopped short of saying "we believe you have stolen this item", I would consider sending Ms Lambert a terse reply:

 

I accept your offer to negotiate an alternative settlement. Namely four weeks of pay in way of compensation for a sloppy investigation and dismissal based on conjecture and lack of hard evidence. A cheque made payable to myself within fourteen days will be acceptable.

 

I hope you were joking there. :| RLP won't even entertain the notion and it may alert them that they may have a bite!


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I hope you were joking there.

 

Tongue in cheek a little. RLP's letters are full of threats couched in "may" and "possible" phrases. In doing so, it does leave the list of options open to alternative interpretations whilst failing to give one more: Ignore completely.


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Absolutely ignore, due to the Oxford case they will be unlikely to try court.


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Absolutely ignore, due to the Oxford case they will be unlikely to try court.

 

Although this is a bit different, rip have had more successes chasing employees as Oppossed to shoplifters but in this case the op says they didn't steal anything and if appears this wasn't alleged at the time, although I think I'd like to know the actual reason for the gross misconduct accusation, was there any paperwork from tk maxx to the op, what did it actually say ?

 

But yes best advice is to ignore.

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Although this is a bit different, rip have had more successes chasing employees as Oppossed to shoplifters but in this case the op says they didn't steal anything and if all ears this wasn't alleged at the time, although I think I'd like to know the actual reason for the gross misconduct accusation, was there any paperwork from tk maxx tk the op, what died it actually say ?

 

But yes best advice is to ignore.

 

Absolutely agree here. Stores can(and have) taken civil action to reclaim losses caused by employee theft but that has not been confirmed in this case. RLP will chase anything they are told to do. Stores also don't bother with small staff theft as it would cost them more than they would get back. They tend to go for the large scale employee where theft can go into the thousands. Again, not in this case.

The disciplinary cannot be claimed for as that is part of a stores operational and management costs. There was no surveillance, just an erroneous tag. Even if the security staff had been watching, these costs cannot be reclaimed either as they were just doing the job they are paid to do.

 

Eventually RLP will pass on the case to a DCA but they all write 'A debt that we believe is undisputed' If it wasn't disputed, why would they get involved??


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Guys I've ignored the first letter, now I've received my second. I will attach a photo of the letter. What do i do now? Still ignore? Has my situation changed?

RLP letter 2.pdf

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always ignore RLP


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Yeah I was told that once they get a response they won't stop. But this letter mentioned further actions being taken against me several times, it feels like they're saying 'do you have anything else to add before we do you over?'

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letter rotated and converted to PDF.

 

it doesn't say anything of sorts read it properly.

 

it s a begging letter.

they have no legal powers whatsoever

totally ignore

 

dx


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See,

I want to talk to someone about it without being judged or looked down on,

and as far as I know there aren't many people I can confide in that can help me.

 

This site is helping me so much,

I literally came home and had a cold flush all over and pins and needles and felt sick but im starting to calm down.

 

I really appreciate the quick replies too.

 

And thank you for fiddling with the letter.

 

I did try and read it over and over to really understand it but those certain words and sentences really freaked me out.

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You have to laugh..." settle the claim "...what claim? :lol:


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the claim s/he owes them money..laughable


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I have seen that (and similar) letters from RLP. Nothing whatsoever to worry about.

 

While I would take action is this happened to me, you still need do nothing. TKMaxx cannot prove on the balance of probabilities you actually stole something therefore this is just an allegation. As such, I would see these letters as harassment. Taking direct action against RLP would elicit the weak response of, " We are only doing what our client told us to do."

 

I would be taking TKMaxx to task as they couldn't prove theft therefore they should not have involved RLP in the fist place. Just because 'something didn't add up' means nothing.

 

I could go on and on but then I would be ranting on your thread.


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they dont say they are doing anything or even threatening to do anything. However, if you would like to send some money we will be grateful, is about the sum of it..

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