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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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I am embarrassed to say I got caught eating a product at tescos I did not pay for today, which I completely forgot about,

 

 

long story short,

the police didn't get involved

they took the RLP route

 

 

said a letter will come through soon.

 

 

I know most members advise against paying these [problem]mers

but I feel far too embarrassed and would rather just get it over with.

 

My question is,

how will the record they keep affect my future employment with Tesco themselves?

Since I am a pharmacist and Tesco is a very big chain,

would paying the RLP effectively prove that I'm guilty?

 

Thanks in advance to anyone that can help :)

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forget about it totally.

 

 

yes it might well make them raise their eyebrows IF its ever recorded on their systems

only p'haps sidewinder might have an insight.

 

 

however YOU DO NOT PAY RLP ANYTHING IT WILL NOT EXPULGE YOUR DETAILS FROM TESCO.

 

 

interesting you say RLP

Tesco now use DWF...

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 will alert your thread to whom might give you an insight.

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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Hi and welcome to CAG

 

As far as I am aware, the security team within Tesco keep the names and addresses of shoplifters for future reference just in case the same person does it again so you may have to explain yourself to Tesco. As I see it, this was an oversight rather than a deliberate attempt to steal and as such, if Tesco ask you about it, be up front and see what happens. No point trying to lie your way out of this.

 

Once the details are passed on to either RLP or DWF ( it may be that there is a transitional period where DWF take on the cases fully from RLP) Tesco have no further involvement and as such, they won't know whether you paid or not. The charges made by either firm can be up to £150 and with RLP, even more. These charges do not represent any cost to the store.

 

Did you pay for what you ate? If not, go back and pay for it. If you did pay, there is absolutely no loss to Tesco. You have to remember that security staff don't get all the training they need to ascertain the difference between deliberate theft and an oversight. They see all losses as theft and deal with them the same way. No grey areas!

 

Nobody can say for sure what will happen with Tesco and your pharmacy role as that would be an internal matter to which we are not privy to. All we can say for sure is that the charge levied has no basis in law and as such should be ignored.

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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In general, I suggest not paying RLP.

 

I don't know if RLP feed back to Tesco if someone refuses to pay the speculative invoice from RLP.

If (and only if!) you work for Tesco or plan to do so in the near future then only you can decide how worried you are that not paying RLP might have an effect.

 

It may be that Tesco keep a record of these events anyway, and paying RLP makes no difference.

It may be that not paying RLP doesn't give Tesco any new information.

So it is only if not paying RLP changes the information a Tesco hold on you that you should even consider paying!

 

If you did decide to pay RLP: I'd make it clear that you are doing so only to conclude the civil matter, and make it clear there is no admission of wrongdoing.

 

I recently walked out of a supermarket not having paid for an item... I'd used self-scan, and missed a small aerosol (silver body, tucked in the corner of the trolley!). The rest of my shopping I'd paid for and loaded into carrier bags.

There is a "travellator" down to the car park. With the trolley inclining, the aerosol fell forward : so I noticed it wasn't packed in a carrier / paid for : Oops!.

I must have been an odd sight (holding it in the air with one hand as I went down the travellator and back up again to go to pay for it - to make sure it was obvious I wasn't trying to conceal it).

 

The security guy sat by the exit was complete nonplussed : mistakes happen!. For it to be shoplifting / theft, there has to be dishonest intent.

I suspect this (& the low value of the item!) is why the police weren't called for the circumstances you describe.

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Hi and welcome to CAG

 

As far as I am aware, the security team within Tesco keep the names and addresses of shoplifters for future reference just in case the same person does it again so you may have to explain yourself to Tesco. As I see it, this was an oversight rather than a deliberate attempt to steal and as such, if Tesco ask you about it, be up front and see what happens. No point trying to lie your way out of this.

 

Once the details are passed on to either RLP or DWF ( it may be that there is a transitional period where DWF take on the cases fully from RLP) Tesco have no further involvement and as such, they won't know whether you paid or not. The charges made by either firm can be up to £150 and with RLP, even more. These charges do not represent any cost to the store.

 

Did you pay for what you ate? If not, go back and pay for it. If you did pay, there is absolutely no loss to Tesco. You have to remember that security staff don't get all the training they need to ascertain the difference between deliberate theft and an oversight. They see all losses as theft and deal with them the same way. No grey areas!

 

Nobody can say for sure what will happen with Tesco and your pharmacy role as that would be an internal matter to which we are not privy to. All we can say for sure is that the charge levied has no basis in law and as such should be ignored.

 

I tried asking to pay for it, however the security man refused and said that it was too late. He said the invoice for the food will be included in the DWF. I was just wondering if I can find out any useful information (such as what they hold on me and how long they plan on holding this information), for example through the freedom of information act? I feel that in my case I didn't have the chance to adequately defend myself as I felt far too embarrassed and shocked at the time.

 

I just feel that it's unfair to have my career hindered over a silly matter whereby I couldn't explain or defend myself properly and to be labeled as a 'shoplifter'. As you can imagine in my line of work something like that paints a very bad image of me and show me to be untrustworthy.

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In general, I suggest not paying RLP.

 

I don't know if RLP feed back to Tesco if someone refuses to pay the speculative invoice from RLP.

If (and only if!) you work for Tesco or plan to do so in the near future then only you can decide how worried you are that not paying RLP might have an effect.

 

It may be that Tesco keep a record of these events anyway, and paying RLP makes no difference.

It may be that not paying RLP doesn't give Tesco any new information.

So it is only if not paying RLP changes the information a Tesco hold on you that you should even consider paying!

 

If you did decide to pay RLP: I'd make it clear that you are doing so only to conclude the civil matter, and make it clear there is no admission of wrongdoing.

 

I recently walked out of a supermarket not having paid for an item... I'd used self-scan, and missed a small aerosol (silver body, tucked in the corner of the trolley!). The rest of my shopping I'd paid for and loaded into carrier bags.

There is a "travellator" down to the car park. With the trolley inclining, the aerosol fell forward : so I noticed it wasn't packed in a carrier / paid for : Oops!.

I must have been an odd sight (holding it in the air with one hand as I went down the travellator and back up again to go to pay for it - to make sure it was obvious I wasn't trying to conceal it).

 

The security guy sat by the exit was complete nonplussed : mistakes happen!. For it to be shoplifting / theft, there has to be dishonest intent.

I suspect this (& the low value of the item!) is why the police weren't called for the circumstances you describe.

 

Thank you for your advice, I was just wondering if I do choose to ignore them, how long can I expect for them to be sending me letter to request the funds? Because I don't want to be spammed by them for years and years.

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about 3 letters over 6mts

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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If it was RLP chasing, they tend to send quite a few template letters and then pass it on to a debt collector to chase and debt collectors have even less power that RLP.

 

With DWF, yes they don't spend that much time on chasing. They let things die as they know they would be on a loser continuing to chase.

 

With RLP, I have seen cases where they begin chasing again after a couple of years in the vain hope they will get payment this time.

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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Only just seen this. It isn't clear from your OP whether you actually work for Tesco at present or whether you hope to work for them in the future? If you currently work for them did this happen in your own store or elsewhere - and did the guard know that you work for Tesco?

 

If you currently work for them, then this could be difficult especially if the store is where you work, or close to your own store

 

If you don't work for them at present then this will have little consequence - and the longer until you do apply for work with them the better. As a current employee this would be a clear breach of trust (even if there was no criminal intent), but if you were applying for work in future, there would almost certainly be no record that would be checked that would uncover this incident - although you 'might' be unlucky and come across either the same guard or any attending manager at any store in the area who 'might' possibly recognise you and start to ask questions!

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

 

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I did pm 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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no you sw

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 did pm you...

 

 

dx

 

You did indeed - and that is why I came here!

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

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

DONATE HERE

 

If I have been helpful in any way - please feel free to click on the STAR to the left!

 

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