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    • You will receive a Notice of Judgment with details of the judgment and payment details
    • Hello, welcome to CAG. It would be a good idea for you to read other shoplifting threads here to get an idea of how this works. The police won't get involved now, so no chance of arrest. You need to avoid that branch of John Lewis for a while though. Basically, John Lewis's security people will give your details to either a firm like Retail Loss prevention or DWF solicitors who will then write to you with scary-sounding letters to frighten you into paying them some kind of penalty. They have no legal power and can't take you to court, only John Lewis can. Last time we saw a retailer in court against shoplifters, it went very badly for them and we haven't seen a case like that since - over 10 years ago. But you need to figure out why you did this. If you need support, talk to your GP and aske them. They will have heard it all before and won't judge you. Best, HB  
    • In addition to the information you've been given above, I suggest that you spend some time reading up on the stories on this sub- forum. There is a lot of information about suing as an entitled third-party. Take a couple of days – and by Monday you will be much more confident. More in control and you will have fewer questions to ask but the questions that you do think up will probably be more relevant and more interesting to your case. Do the reading. This is always an essential first step   Additionally please can you give us more details. What was the item, was it correctly declared, was the value correctly declared, what was the value that was declared? Very importantly what date did you send it?
    • I got caught today shoplifting some shampoo & conditioner at John Lewis. I felt absolutely awful. The people were quite nice as I returned the items without any hesitation, gave them my name, address & DOB. They did not ask for official ID, and let me go after taking my picture and then handing me a paper saying I am banned for life. I just now read on the paper that they may share my details with third parties (police) and am extremely stressed. I've previously shoplifted, not at this John Lewis but others of their stores (an absolutely horrible habit made worse by cost of living crisis).... How likely is it that they will actually start an investigation for this offense? May I get arrested for this? While I was in the backroom, the security was quite nice and told me that no police would be involved unless I broke my ban.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Request letter typed but worried


alijolly
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I guess I am just going to have to bite the bullet and do it, it just goes against the grain a bit to pay £5 for them to send me the information which I have to then send back to them to prove I incurred the charge!

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My personal opinion would be not to worry about it. There have been a couple of people in similar situations, and it hasn't been a problem. The bank can contest these charges if they want to. The likelyhood is that they will just pay up. If you send in the £5 you are likely to slow up the process and spend more time waiting about.

 

I would just continue. As I said, this is just my view.

Lloyds TSB - £972

S.A.R, prelim and LBA sent

Claim acknowledged

Defence received

AQ 20/06/06

***FULL SETTLEMENT RECEIVED 20/07/06***

 

Woolwich - £2288

S.A.R, prelim and LBA sent.

Offered half

Moneyclaim filed online 02/08/06

Judgement filed online 23/08/06

WARRANT FILED ONLINE 30/08/06

MONEY RECEIVED BY BALIFF 04/10/06

***FULL SETTLEMENT RECEIVED 09/10/06***

 

Smile - £175

Pelim 23/06/06

***FULL SETTLEMENT RECEIVED 07/07/06***

 

My Ex vs Woolwich - £715

S.A.R sent 30/08/06

Pelim 06/10/06

LBA 20/10/06

 

Advice & opinions provided are personal, and not endorsed by CAG or BAG, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'm getting ready to post everything off now but I'm a bit confused as to which bits of the bundle are appropriate to meet the following direction. It seems to clearly say that they don't want decided cases or legal materials filed yet, so I'm not sure what they do want to satisfy 2 c)

 

 

2. The claimant shall by 4pm on 2 November 2006 file and serve:

a) a schedule setting out each charge repayment of which is sought, showing the date, amount and alleged reason (if any) for that charge being made;

b)Copies of any statement or other document relied upon as showing that each and every such charge has been made;

c) A statement of his evidence, if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties

.

.

4. Decided cases and other legal materials should not be filed, but brought to the hearing with additional copies for the Court and the opposing party.

 

Thanks for your help I don't want to fall at the final hurdle.

 

Alijolly

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2a A copy of the charges schedule that you would have filed with the original claim

2b Copies of your bank statements, highlighting the charges, and/or the letters that they sent to you at the time advising of the penalty charge, the reason for it and the date your account would be debited

 

Try this link for 2c.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/637-case-guidance-notes-bringing.html

 

There is a good deal of copy in there which you can convert into a plausible statement of evidence.

 

Hope this helps

Preliminary Letter sent to Woolwich 05/06

LBA sent 19/06

Court claim filed 04/07 : Total £824.75

Acknowledgement of Service 27/07

Defence received 08/08

AQ filed 11/08

Barclays AQ filed 05/09

Hearing date 20/12

SETTLED IN FULL £840.49: 14/12/06

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well answered ....sorry we were late coming back here.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks essjaysea, I was happy enough with 2a and b and that information is all copied and ready to go, but I was just going to send the bundle until I read it more carefully. That link will be great I'll but together a statement of evidence and get the pack off today.

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nearly there now ( she says cacking it that she is about to issue papers and there is about a 4 month wait till the money comes back - judging form your thrad) keep toyour guns and they will have to cave, think on ths how will they offer full disclosure? they wont! so they will pay up they are just trying to scare you.

me against the abbey Paid in full (donation made)

me against the woolwich Paid in full(donation made)

me against HSBC Paid in full(donation made)

 

 

beware the scrapbooker, for she has a long memory and sharp knives :lol:

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the longer they hold onto the money being claimed the more money it makes them, thats why they pay out at the last opportunity imo

 

they know they have tyo pay it but stretch it out for the sake of it... grrrrrrrrrr

_________________________

Woolwich

S.A.R sent to Woolwich 12/09/06

list of charges received 05/10/06 total £979.79

prelim sent 06/10/2006 for £979.79

LBA sent 20/10/06

3/11/06 offer recieved £485 - LBA deadline also

_________________________________

 

Capital One

S.A.R sent 05/10/06

didnt send £10 so resending on payday

_________________________________

 

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Okay so it took a little longer than I thought to get together my statement of evidence, but using the guidance notes and cribbing a lot from Wolfcub V Lloyds defence (thanks wolfcub if you should stumble acroos this thread :) ) today I sent off two identical packs to the Court and Barclays, guaranteed special delivery tomorrow morning.

 

I look forward to receiving the full disclosure requested from Barclays by the court by the end of November:rolleyes: :lol:. Seriously I am interested as to whether they will contact me now to settle or will simply let it be struck out because I have zero expectation of receiving a breakdown of their pre estimate and actual costs!

 

And the waiting games continues.....

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:grin: Not such a long wait, I guess the worry of being asked for full disclosure makes them move a bit quicker! I received an offer today which is VERY acceptable.

 

When the money is in my bank the donation will be on its way:grin:

 

I couldn't have done this without all your help and advice, so thank you to everyone.

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Nice to see alijolly how close to the full amount, would It not have been worth waiting?

www.bellyup4blues.com Just Go There !!!

 

Woolwich Prelim Sent 5.12.2006 !!!

S.A.R - (Subject Access Request) sent 22.12.2006 (yeah I know)

16.1.2007 £1000 offer rejected

LBA sent 31.1.2007

N1 presented to Court 15.2.2007

Won / Settled 2 days before court date

£5200 plus int charges returned.

 

All and Leics S.A.R - (Subject Access Request) sent 22.12.2006

2nd S.A.R - (Subject Access Request) sent 15.1.2007

Statements received

Prelim sent 31.1.2007

LBA Sent 15.2.2007

Won £1500 on receiving court date..

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ummmmmmmm...... k I feel a lil bit stupid here....but..... cough..... I threw away my copy statements after I had entered the charges into my spresdsheet..... the wedge was so large I was having trouble getting out the front door.... so I binned them !!!! I did'nt realise untill reading this thread that I would need to send them to the court in the future ! doh !!! I assumed the spreadsheet would suffice and Barclays could contend what I was claiming ??? Oh BO**OCKS ! What now people ?!?!?

 

MrP

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Guest Mumofthreeboys
ummmmmmmm...... k I feel a lil bit stupid here....but..... cough..... I threw away my copy statements after I had entered the charges into my spresdsheet..... the wedge was so large I was having trouble getting out the front door.... so I binned them !!!! I did'nt realise untill reading this thread that I would need to send them to the court in the future ! doh !!! I assumed the spreadsheet would suffice and Barclays could contend what I was claiming ??? Oh BO**OCKS ! What now people ?!?!?

 

MrP

 

You should maybe think about ordering them again then!

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yeah mine got returned to me although ordering them twice they may think your taking the proverbial and charge you ! lesson learnt throw nowt away untill everything is done and dusted !

if my advice has been of any help to you then please click the scales ! Thank you :D

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Maybe in my excitement I wasn't clear, put it this way there was nothing else to wait for!

 

 

Sincere congratulations - Hope you have fun spending YOUR money!!!!!

 

I have just filed my AQ, so hopefully I'll have a nice Xmas too...

 

A superb and encouraging thread!

 

Mike

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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