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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Taking form M&S notice of trespass and recovery


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Hi All ,

 

I was a bit silly and took some low value items from 2 stores and M&S yesterday. I was stopped on high street and asked to return to M&S, where they made me sign a Notice of Civil Recovery and Trespass and told to buy the products or they'd call Police.

 

I wanted to know if M&S representation stated in the document as: Drydensfairfax, was one of these RLP companies ? Should I expect letters from? If so just ignore them?

 

As far as I'm concerned I paid them back for what i wrongly took, and they let me go. They said they would notify the other 2 companies that I'd taken from and confiscated these items [mainly food].

 

The net value - not including M&S's, that I'd paid £30 for - was approx £90.00 so about £120 in total. If they pass my details to other companies, is that a breach of Data Protection?

 

The security "ranger" didn't call the police, should I expect Police to get involved further?

 

I'm not going to do the above again! I'd never taken from these stores before and have no record.

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Hi and welcome to CAG.

 

 

Firstly, we (you) need to address the shoplifting. CAG does not, nor ever will condone shoplifting and you should try and find the reasons for your poor decision making.

 

 

Under the new GDP regulations, there is a get out by companies to pass on data for the prevention and detection of crime so I don't think any breach will help you.

 

 

As the police were not involved at the time, it's unlikely (but still possible) that the police will get involved.

 

 

Drydens are a debt collection company and as far as I am aware, do not do civil recovery. RLP are the main civil recover company. If you get a demand from anyone, let us know and we may be able to advise.

 

 

You are effectively banned from M&S so don't think about going there for a long time. 6 months to a year. By then they will have forgotten about you.

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

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ALso, ignore them. You dont owe a single penny because they forced you to purchase the items, therefore they havent lost anything.

 

Also, when they forced you to pay for the items, did they allow you to keep them, or did they take them from you? Because if they didnt let you keep them after purchasing them, then they would be guilty of theft.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Bottom line IGNORE

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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ALso, ignore them. You dont owe a single penny because they forced you to purchase the items, therefore they havent lost anything.

 

Also, when they forced you to pay for the items, did they allow you to keep them, or did they take them from you? Because if they didnt let you keep them after purchasing them, then they would be guilty of theft.

 

Yea I got to keep the M&S bits. just wondering if there’s going to be a police action, guess this forums not really going to be able to advise on that though! Keep readin the police don’t investigate crimes of under £200 in value.

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Police would have been called on the day. Since you were made to pay for the items, they wouldnt have done anything anyway except tell you not to do it again.

 

And i dont know where you read about the £200 thing but its totally incorrect.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thanks. I was more worried about if the police would be called in to investigate the other 2 stores I'd been to earlier in the day. I didn't give the LP the names but it was pretty obvious where else I'd been. They kept the items as well .

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If you stole from 2 other stores that day, then you are extremely lucky that the police were not called.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The two other stores were my concern as well. None of us can know what will/will not happen. Chances are that they won't get involved. It just depends on the other stores policies. I'm afraid it's a case of wait and see.

 

What may happen is that M&S passed on your details to the other stores and those stores take civil action however this would be a bluff as they would need video evidence of you stealing.

 

see what the post brings in the next couple of weeks.

 

You need to sort out why you did this. Your GP has heard all the stories people have, more than once and may offer anti-depressants or counselling to help you understand why your actions happened.

 

This next bit is a bit of a lecture but it is relevant and not just aimed at you. It is aimed at first timers, not seasoned thieves.

 

Many shoplifters believe that shoplifting is a victimless crime. It's not!

 

If you throw a stone into water, you will see ripples. Transfer those ripples to people and you are the stone.

The stone affects the shoplifter first but then the ripple spreads out to include immediate family. They may not know what is going on but the will feel a change in you.

 

The next ripple is the extended family. What would the feel if they knew?

 

After that, the next ripple affects the community you live in. Imagine what they would do if the knew.

The next ripple and last one in this scenario is the affect it has on other shoppers. They pay extra at the tills to cover a stores 'losses' You have already paid many times over when doing normal shopping. If shoplifting stopped overnight, Prices should fall (but the stores may not do that as it's more profit to them)

 

Something to think about?

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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I’ve been prescribed anti depressants already this year, but I decided not to continue with them... They could easily have video evidence in fairness. If they start civil action what would happen? What should I do?

Edited by dx100uk
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Doubt it

Never seen that happen TBH

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’ve been prescribed anti depressants already this year, but I decided not to continue with them... They could easily have video evidence in fairness. If they start civil action what would happen? What should I do?

 

Thats your choice, but wouldnt go in your favour if you got caught. But its unlikely anythign will happen, and if RLP or similar get involved, you can come back or ignore.

 

But you really need to stop stealing. If your caught again, theres a very high risk of being arrested and getting a record that will follow you for the rest of your life.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Berryrig999 said:
They could easily have video evidence in fairness. If they start civil action what would happen? What should I do?

 

If they had video evidence, the other stores would have stopped you on leaving. CCTV is only as good as the operator and to be sure an 'offence' has been committed they would need continuous footage of you stealing.

 

They follow the SCONE method

 

S-selection

C-concealment

O-observation

N-non payment

E- Exit

 

If followed 100% then security have grounds to detain. If not followed then they would be on sticky ground.

 

I would be inclined to go back to your GP. Some anti depressants can make things worse which is why there are different anti depressants out there. A case of finding the right one to help you.

 

Don't even worry about civil action. That would be highly unusual. There has been no court action since 2012 (this includes one store that started and then abandoned a claim)

 

Letters received are not part of the civil procedures even though they may imply something different.

 

I think you should have a read of this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?448994-RLP-FAQ-s.-What-do-they-mean-Reviewed-September-2015&p=4762870&viewfull=1#post4762870

 

and this one

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?356933-Oxford-Retail-Loss-Prevention-A-Retailer-**-reveiwed-September-2015-**&p=3898857&viewfull=1#post3898857

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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Civil action wont be possible because they made you buy the stuff and that is called restorative justice.

trespass is a non starter for them, you are invited into a store and remain there until they chuck you out.

Only then do you become a trespasser.

 

As for the other shops, only they can take action, no-one can do it on their behalf so the most that can happen in that regard is you get put on a watch list if your local retailers group/forum have one.

the police will then get passed your details as intel but they wont do anything as the evidential trail is well and truly broken.

 

You know the rest you learn your lesson and thank your lucky starts that this is the end of the matter, even if you do get letters from Drydens or anyone else, they have no interest in the matter.

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what security fees? there are none!!

 

its a myth that the 'security' staff were diverted from their normal role 'to deal with YOU'

that's what they are paid for anyway!! regardless of what their 'role' happens to be.

 

and anyway..DWF are nothing to do with them and dont pay them, nor get paid by them.

anything you pay will go directly into DWF's pocket to either fund staff holidays or tonights drinks at the pub or to fund harassment for mythical fees to other mugs they try and fleece.

 

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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DWF are a firm of solicitors who just happen to do the civil recovery thing. They have absolutely no power at all over you. As far as I am aware, DWF acting (as solicitors) for M&S have never taken a case to court and neither have I heard of any case from other solicitors doing the same.

 

 

So I agree with DX. Ignore. DWF send around three letters and then drop it.

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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not only do you ignore it now you ignore any other letters you get of a similar nature.

 

they didnt take on an agency worker just to follow you around, their salary is what is called an establishment cost so they pay them regardless of what they do or dont do.

 

Nowt to do with DWF anyways, the truth is they are asking you to pay them for sending you a letter asking for the money.

 

Anyone can take this to its extreme so how about you pay me for sending you a letter but enclose a demand for responding to it.  We would both owe each other money then

 

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  • 5 weeks later...

Update had several letters from DWF looking for £85. Some of threats include : notifying my employed and requesting payment directs from my salary [ without mentioning employers name]. Sending Bailiffs. Court action. Increase in sum.

 

Not replying to any of this nonsense. Is it likely they’ll sell the “debt” to a debt factor agency... any suggestions...

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