Help with RLP

[privatetrey]

Hi everyone
i need your help as the RLP company is stressing me with their non ending letters of threats and destroying my reputation
i once posted a thread with regards to my case against debenhams accusing me of shoplifting
i went to court and won the case and while this was going on debenhams had passed my details to two companies which despite the court proceedings they are still sending me the letters
letter reads;
"we are aware that u have advised our recovery partner that you were successful at criminal court. Our client advises that your co-defendant pleaded guilty while you pleaded not guilty. We are instructed in the civil matter relating the incident you were involved in, where the burden of proof is lower. In criminal proceedings a case has to be proved beyond all reasonable doubt whilst in civil proceedings it is upon the balance of probability. Our client stands by its account of your actions and those of your co-defendant whilst in the store. This claim therefore remains outstanding.
you have been previously advised to provide your version of events in writing if you wish to dispute our clients claim. Unless or until you do so this claim will continue.
please note that our staff have an absolute right to work in safety and without any abuse and breach of this will not be tolerated."

please help me
me is it possible to take debenhams to court for giving these companies my details despite going through court proceedings and is it possible to sue all three for trying to destroy my reputation
I have wrote to debenhams headquarters requesting my property and that they inform these companies to stop writing to me and that I will be seeking legal advice with regards to distributing my personal details so what I want to know can I take them to court ?

[Amethyst]

Re: Help with RLP

Bloody hell that's atrocious behaviour of debenhams. http://www.legalbeagles.info/forums/...323#post556323 is the previous thread.

Have you been in touch with Debenhams CEO at all ?

Which companies are sending you the letters now?

[judgemental24]

Re: Help with RLP

Seems to me RLP have been reading up on American Law and the O J Simpson case

If this was me, and only me (You make that choice)

Dear Sirs,

We acknowledge your letter of xx/xx/xxx referring to myself.

I will no longer communicate with you over this matter and must remind you of the past judgement:

A Retailer v Ms B and Ms K. Oxford County Court 26/27 May 2012

The issue of civil recovery was decided and quantifiable loss..

My response to your spurious clain for damages under tort wil be governed by the response given in:

Arkell v. Pressdram (1971)

[privatetrey]

Re: Help with RLP

@ Amethyst wrote to customer relations department manager who wrote and said
"whilst we acknowledge your comments we have no record of the court case you mention in your letter. Therefore in order for us to investigate this matter further please send me a copy of your corespondence from the courts or from your legal representative. Once we receive this information we will look into the issue for you""
so I have sent letter from solicitor and court and waiting for the response but the letter from RLP civil recovery specialists are still coming. The other company was CCL county collections ltd but they sent letter once and stopped after telling them to contact debenhams as I won my case and was gonna sue them for malicious false accusations and giving my name a bad reputation

@ judgemental24 I am going to write a letter will use the ur sample above if that's ok
i will also read those case study's u included as am not aware of the contents.
thank you

do u think is a good idea to get a solicitor and go to court what am asking is cab I sue them ?!

[judgemental24]

Re: Help with RLP

Arkell v. Pressdram (1971) [unreported]

Solicitor (Goodman Derrick & Co.):

We act for Mr Arkell who is Retail Credit Manager of Granada TV Rental Ltd. His attention has been drawn to an article appearing in the issue of Private Eye dated 9th April 1971 on page 4. The statements made about Mr Arkell are entirely untrue and clearly highly defamatory. We are therefore instructed to require from you immediately your proposals for dealing with the matter. Mr Arkell's first concern is that there should be a full retraction at the earliest possible date in Private Eye and he will also want his costs paid. His attitude to damages will be governed by the nature of your reply.

Private Eye:

We acknowledge your letter of 29th April referring to Mr J. Arkell. We note that Mr Arkell's attitude to damages will be governed by the nature of our reply and would therefore be grateful if you would inform us what his attitude to damages would be, were he to learn that the nature of our reply is as follows:

Fu"k off.

[Kati]

Re: Help with RLP

Just for reference ... here's a link to the pdf judgement and appeal from the "A Retailer v Ms B and Ms K" case - http://www.legalbeagles.info/forums/...gment-09-05-12

[judgemental24]

Re: Help with RLP

Thanks Kati

Saved me hunting for it

[Amethyst]

Re: Help with RLP

I'm not sure about using Arkell v Pressdram myself, I don't think you have a claim for defamation as they are only communicating with yourself - or do you mean sue Debenhams for defaming you to RLP and CCL ? I don't think that would work either as they are 'agents' acting on Debenhams behalf.

The process of civil recovery though is (in some instances) covered by the misleading and aggressive commercial practices legislation - under which you do have options for redress. PDF document attached.

Consumer payments and “civil recovery”
16. The Regulations amend the definition of a “transactional decision” to expressly cover demands for payment from a consumer in full or partial settlement of the consumer’s liabilities or purported liabilities to the trader (see reg 2(1A) of the 2008 Regulations). This means that misleading and aggressive practices in respect of such demands would now clearly lead to both criminal sanctions (under the 2008 Regulations), as well as private redress (under the Regulations).
17. For example, so-called “civil recovery” where a consumer is accused of shoplifting, and is asked to pay a standard fixed fee to avoid prosecution, can fall in this category, is now clearly covered. The amended definition would also cover consumer payments associated with wheel-clamping, or

However that seems to require payment being made then reclaimed ( which I would advise against - obviously)

[judgemental24]

Re: Help with RLP

That is me Amethyst, and only me

The point i am making is that RLP has no legal claIm in tort to be making such demands as proven by the Oxford court case

Why should you show respect to this extortion racket when they themselves have no respect for the law and judicial process??

My argument in using Arkell v Pressdram is against RLP in any communications, not Debenhams

[Kati]

Re: Help with RLP

[MENTION=59664]privatetrey[/MENTION] can you email me a scan/pic of the letters you've received please (kati@legalbeagles.info) and, if possible, the court judgement from your earlier thread (if you have it)?

[Celestine]

Re: Help with RLP

Personally, I think this is an extremely serious matter and I would not be quoting Pressdram v Arkell. We wouldn't want that to become the story.....

Other than that, the response letter is good and appropriate :tinysmile_twink_t2:

[Amethyst]

Re: Help with RLP

There is a damages element with the misleading and aggressive commercial practices but again I'm not sure if you have to have paid first ( which would be crazy IMO - but I don't know how it works - is there any case law on this as yet ?)
Legislation is http://www.legislation.gov.uk/uksi/2.../contents/made

How does the right to damages work?

27J.—(1) Subject as follows, a consumer has the right to damages if the consumer—

(a)has incurred financial loss which the consumer would not have incurred if the prohibited practice in question had not taken place, or

(b)has suffered alarm, distress or physical inconvenience or discomfort which the consumer would not have suffered if the prohibited practice in question had not taken place.

(2) The right to damages is the right to be paid damages by the trader for the loss or the alarm, distress or physical inconvenience or discomfort in question.

(3) The right to be paid damages for financial loss does not include the right to be paid damages in respect of the difference between the market price of a product and the amount payable for it under a contract.

(4) The right to be paid damages under this regulation is a right to be paid only damages in respect of loss that was reasonably foreseeable at the time of the prohibited practice.

(5) A consumer does not have the right to damages if the trader proves that—

(a)the occurrence of the prohibited practice in question was due to—

(i)a mistake,

(ii)reliance on information supplied to the trader by another person,

(iii)the act or default of a person other than the trader,

(iv)an accident, or

(v)another cause beyond the trader’s control, and

(b)the trader took all reasonable precautions and exercised all due diligence to avoid the occurrence of the prohibited practice.

C. Receive damages

Damages will be available for consequential financial loss (for instance, any associated remedial costs) and/or alarm, distress or physical inconvenience or discomfort. In accordance with general legal principles, only reasonably foreseeable losses are recoverable and (according to the BIS) only in exceptional circumstances would these exceed £1,000.

Unlike for remedies A and B above (where liability is strict), a trader can put forward a defence in response to a claim for damages. If the trader is able to show that the aggressive or misleading practice happened as a result of a mistake or other cause beyond the trader’s control, and that they took all reasonable precautions to avoid the practices from occurring, then this would constitute a defence to a claim for damages. This is referred to in the Regulations as the “due diligence” defence.

[privatetrey]

Re: Help with RLP

[MENTION=59664]privatetrey[/MENTION] can you email me a scan/pic of the letters you've received please (kati@legalbeagles.info) and, if possible, the court judgement from your earlier thread (if you have it)?

Hi Kati
I will take a pic of my legal rep letter as court never issued me with anything after winning case, but it's stated in my solicitors letter sending now

[Kati]

Re: Help with RLP

Hi Kati
I will take a pic of my legal rep letter as court never issued me with anything after winning case, but it's stated in my solicitors letter sending now

and ... any letters from RLP and Debenhams you've received as well please xx

[Kati]

Re: Help with RLP

Got the legal rep. letter ... it clearly says you were acquitted!!



@Amethyst @Celestine ... would it be worth Trey asking for copies of everything the solicitors have on file? To see if there's anything else we can throw at RLP :noidea:??