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    • I posted a reply earlier which I have now deleted because I realise that I hadn't read your story correctly. You have laid out £1000 on repairs to a vehicle which according to you is probably in need of further repairs. Although you have been rebuffed by the dealer at your first asking, your position would be much better had you provided the quotes for the repair work to the dealer in advance so that he had forward knowledge and was able to present his own opinions before you went ahead and spent the money. This kind of transparency is essential when you are in conflict with somebody who may later on dispute the value of the work which was carried out. Fortunately you have had more than one opinion from independent garages and this will be very helpful to you. So in order to recover your money, you have prepared a letter but which is rather open-ended because it simply says that you would like to have a reply within 14 days or else you may go and see a solicitor. Given that you have been rebuffed quite peremptorily by the seller of the vehicle, I don't think that this is going to make very much impression. You need to take control of this and assert yourself. I notice that you say that you are too exhausted to look around for a replacement vehicle. Do you have the stamina to conduct a small claim against this dealer? It's very easy but it will require some tenacity and there won't be a quick solution. I can expect to go on for six months or so before you get a result unless the dealer decides to put their hands up. I would avoid going to a solicitor if I were you because first of all you incur expenses which you will not get back from the dealer. Also the solicitor will start off by sending letters which will simply delay things further and of course will incur further costs for you. You haven't told us the name of the dealer – even though you have been asked by another member of the site team. He also haven't told us anything about the car – the make, model, year, mileage and price. I think we will have to modify your letter based on whether you think that you would be prepared to take your own small claim action. If you do take a small claim action then your financial outlay will be fairly minimal and everything you do outlay will be recoverable – assuming that you win. On the basis of what you say, I would guess that your chances of success are much better than 90%. However, there is the issue that the dealer may try to challenge the value of the work you have had carried out because you didn't give him any advance notice. We will have to deal with this.  
    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
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I am writing on behalf of a friend who was recently caught shoplifting in Waitrose.

It wasn't a significant amount, around £35 worth of various items.

 

She went through the standard procedure of being stopped by a security guard, the goods were returned and no police were involved.

She was also issued a ban from Waitrose/John Lewis.

I have read the advice on here about what to do with regards to the RLP letters, the first of which she already received,

 

however my question is about further police involvement.

My friend is currently on a residence permit and is terrified that this case will go on her criminal record and she won't be able to extend her stay/will run into problems with the Home Office in the later on.

 

I have spoken to someone who worked in Waitrose about 8 years ago, and they told me they used to fill in police reports approximately once a month detailing all the people who'd been caught shoplifting.

 

Does anyone know if that information is correct?

It seems strange to me that they would be reporting to police post-factum, rather than letting the police deal with it there and then, however I really am not an expert in these matters and was just wondering if anyone has ever heard anything about the police following up on a case later on without having been involved during the actual incident.

 

Thank you very much in advance,

 

any advice is greatly appreciated.

Edited by dx100uk
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Hi and welcome to CAG

 

 

It would have been better for your friend to post but we will do what we can.

 

 

As no police were involved, it is highly unlikely that they will get involved after the effect. Most stores don't bother getting the police involved as the police use common sense rather than the knee jerk reactions of the security staff.

 

 

The answer is, no police involvement, nothing on a criminal records check. When applying for a new visa or residence permit there might be a question about criminal convictions. She would truthfully be able to answer no.

 

 

Waitrose may just compile a monthly report but this would be for their head office not necessarily to be passed on to the police.

 

 

In the past 6 years, I have heard of only one case where police 'invited' a shoplifter to attend a police station and there have been many, many more threads where nothing has happened.

 

 

As for RLP, you have read around so you know what to tell your friend. While you're at it, give her backside a kicking for being so bloody stupid in the first place!


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Thank you very much for your prompt response!

My friend couldn't post herself as her English isn't very good, but trust me, I did tell her off for being so silly.

She struggles with mental health issues and impulsivity, and I'm sure the amount of stress caused by this incident will deter her from any further criminal activity.

 

Thank you for confirming what I have already been thinking.

Just seemed illogical to me that they would involve the police later on, rather than dealing with the matter there and then.

 

It's a tall ask, but is there any chance you remember from the case you mentioned, how far down the line it happened and what the circumstance were, i.e. why did the police get involved after the event?

 

I was just thinking that it's been nearly two months since my friend's Watirose incident and she hasn't heard from the police yet, but is still on edge in case she might.

 

Thank you again!

Edited by dx100uk
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There will be no police involvement, so nothing to worry about, she should go to her GP and discuss this with them she may need more help with her MH issues.


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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Thank you, that's very good advice! Will talk to her about the GP, but wanted to put her mind at rest about this first.

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Just by reading pages two and three on this forum I found a couple of threads where police were involved but the one that struck me was the one about a 15 year old who stole a bottle of vodka. they were invited to the police station but have never updated the thread with what happened. That's the only one I could find.

 

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?486149-My-son-(15)-stole-vodka-from-Sainsburys-been-asked-to-attend-police-station-with-him&p=5109783&viewfull=1#post5109783

 

 

I don't think the police will be getting involved after two months so nothing there to worry about.

 

 

 

 

You may not know this but some forces do not attend shoplifting incidents unless the value is over £200.

 

 

 

I also agree that a chat with the GP will help. I know that for some first time shoplifters, they need to feel a rush to make them feel better but when it goes wrong, they get a deep crash and can't see the way forward. Your friend should be open with the GP and talk about her issues. It may be the GP will prescribe a short course of anti depressants or even some counselling if the GP feels the issue is more serious. Talking helps. I know as I have been depressed for many years (low seratonin levels)


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Thank you again. I have looked at the pages you mentioned, and I think in most cases the police were involved afterwards where the person wasn't caught at the store.

 

I'm thinking since she was and was told that there won't be any police involvement she can probably relax about this.

 

Very true about the GP, will talk to her about this.

Edited by dx100uk
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