What should you do if you are contacted by a civil recovery firm ?

[Amethyst]

With thanks to Righty.


If you are contacted by RLP or another Civil Recovery Company;

(a) never telephone, or DISCUSS with, or otherwise disclose anything to them unless you take legal advice.

(b) send them a full Subject Access Request under the Data Protection Act asking for any and all information they hold on you.

(c) respond to their letters, AFTER leaving it to the last moment of their deadlines, by saying something like the following:

Dear (signatory)

Thank you for your letter of xxx.

It appears you are non-compliant with civil procedure, in that you have failed to state a discernible case against me and you have failed to show me the documents on which you intend to rely. That is to say, your letter discloses no evidence and no case. Your letter also is not a Letter of Claim.

Until and unless you comply with civil procedure by providing a heading "Letter of Claim" AND disclose all the evidence on which you intend to rely AND disclose your legal case, as is required by civil procedure, I am not only unable to respond but quite unable to understand why you are making these demands.

Further, you make unlawful threats against me which as already explained fall outside of legal protection. I reserve my position as to whether I will pursue you, and/or your "client" (assuming it is true you act for them), in the criminal and civil jurisdictions.

Yours

xxxx

By relying on their non-compliance with civil procedure you should stop them dead.

They started it and so it's their legal obligation to put their case and stop "fishing", as the Courts call it. This should slow them down, force them into correspondence with you, and with a bit of luck wear them down a bit.

You should consider making a formal note of every time you deal with the matter, the time you spend on it, and what you did - a spreadsheet would be ideal.

[Vauxhall Girl]

Re: What should you do if you are contacted by a civil recovery firm ?

hi. Would this letter be any use to me in my situation? I have written out my story on my intro page. Thanks.

[T-Unit]

Re: What should you do if you are contacted by a civil recovery firm ?

A similar thing happened to me, except in my case the CCTV footage shows me swiping one of the three discrepancies in my shopping and there was a mix-up when a shopping assistant removed the tag from on of my items which I then presumed was scanned, the final item the security guard did not tell me whether the CCTV showed me swiping it or not!

It was really frustrating but when the police appeared, I just complied and was issued with an £80 FNP. I paid this a few days later, believing it was no admission of guilt and also believing, as I'd been told by the police in front of the ASDA staff that this would be the end of the matter.

I have since been contacted by Drydens Lawyers. Claiming £0 for goods stolen or damaged and £150 for security costs.

However they have misspelt my surname.

Should I bother replying with the above draft or just send the post back, unstamped?

[Seychelles]

Re: What should you do if you are contacted by a civil recovery firm ?

RLP seen to create quite a stir, I have been searching this site to help my friend who just before Xmas left an item on his pushchair worth £4 and was stopped, a genuine mistake. RLP have sent a letter but they have made a mistake on the date of incident. I'm trying to find a template defence letter to send them. The police were not called and he was not arrested. Any help gratefully received he works away which is why I'm doing all the leg work !

[charitynjw]

Re: What should you do if you are contacted by a civil recovery firm ?

Hi Seychelles,

Some good advice, with links, on this thread

http://www.legalbeagles.info/forums/...ad.php?t=32384

[TUTTSI]

Re: What should you do if you are contacted by a civil recovery firm ?

If anyone is interested the producers of a a TV documentary is needed for case studies if you have been involed in RLP. http://www.legalbeagles.info/forums/...ad.php?t=32476

[bluebottle]

Re: What should you do if you are contacted by a civil recovery firm ?

If I may add my contribution to CleverClogs well-researched post, I am a retired policeman and, believe me, blackmailers are regarded as the scum of the earth. I am aware of RLP's " "National Database of Wrongdoing" through CAB. This database, if it actually exists, has overtones of the Economic League's illegal database of workers, exposed by journalist Andrew Bell. Also, be aware that when RLP have been served with a Subject Access Request (SAR) under Section 7, Data Protection Act 1998, they seem to back away. It's almost as if they know they're going to be found out.

In the event you are accused of shoplifting, ask to see any CCTV footage. If the retail security staff and/or management refuse, say, "Am I to understand that you are refusing to show me CCTV footage of what you allege I am supposed to have done?" You have a right to see all and any evidence of any allegation made against you. If they still refuse ask for the police to be called. If this, too, is refused, you should call them. When the police arrive, make it clear to them that you wish to view any CCTV footage in their presence and that of the security goon who was operating the CCTV equipment and your accuser. Remember, the onus is on the retailer to prove their allegations beyond all reasonable doubt. No evidence, no offence, no entitlement to any form of compensation.

Those who are being or have been approached by civil recovery agents may wish to look at the Protection from Harassment Act 1997 which is very useful in dealing with their demands. Not only can the civil recovery agent face civil and/or criminal proceedings, but the retailer who put them up to it can be, too.

[Seychelles]

Re: What should you do if you are contacted by a civil recovery firm ?

RLP seen to create quite a stir, I have been searching this site to help my friend who just before Xmas left an item on his pushchair worth £4 and was stopped, a genuine mistake. RLP have sent a letter but they have made a mistake on the date of incident. I'm trying to find a template defence letter to send them. The police were not called and he was not arrested. Any help gratefully received he works away which is why I'm doing all the leg work !

So I sent the template letter and got a 3 page threatening letter back quoting all sorts of legislation. Is it time to pay them or is this just another empty threat? Help

[Celestine]

Re: What should you do if you are contacted by a civil recovery firm ?

Another empty threat. :beagle2222:

Why don't you scan and post up the letter (removing all personal details) so we can comment in detail?

:beagle:

[bluebottle]

Re: What should you do if you are contacted by a civil recovery firm ?

Sounds like another of RLP's works of fiction. B & Q broke all ties with them because they could be held liable for their actions. I wouldn't mind looking at what RLP have written. Might make me laugh.

[CleverClogs]

Re: What should you do if you are contacted by a civil recovery firm ?

So I sent the template letter and got a 3 page threatening letter back quoting all sorts of legislation. Is it time to pay them or is this just another empty threat? Help

Keep their letter safely, as you may wish to use it when you submit a complaint about their lawyers to the Solicitors' Regulatory Authority.

Unless they are remarkably fortunate, they'll be going the same way as Andrew Crossley.

[bluebottle]

Re: What should you do if you are contacted by a civil recovery firm ?

Keep their letter safely, as you may wish to use it when you submit a complaint about their lawyers to the Solicitors' Regulatory Authority.

Unless they are remarkably fortunate, they'll be going the same way as Andrew Crossley.

Hi Cleverclogs,

I think you may well be right about that. RLP's two in-house solicitors already have active complaints against them being currently dealt with by the SRA. CAB lodged the complaints. It will be interesting to see what the outcome is.

Bluebottle

[Seychelles]

Re: What should you do if you are contacted by a civil recovery firm ?

So I sent the template letter and got a 3 page threatening letter back quoting all sorts of legislation. Is it time to pay them or is this just another empty threat? Help

So along with the threats to increase the fine they ask me to refer to [1] Aerospace Publishing Ltd v Thames Water Utilities Ltd [2007] EWCA Civ 3 and that it is a breach of practice direction and drawing attention to the practice of torts for tresspass anyone seen this stuff before I've tried to upload but cannot via iPad

[CleverClogs]

Re: What should you do if you are contacted by a civil recovery firm ?

It's stercus tauri, as it plainly does not apply.

In that case, the claimant won damages from the utility company for staff time and other expenses directly involved with restoring the claimant company to how it was before the damage (by flooding) had occurred.

For that to apply, the claim made by RLP would have to be solely for staff costs directly related to the alleged loss. As the staff costs on that day would have been the same whether or not anyone had stolen or attempted to steal one or more items, it follows that they cannot state that any of those costs was directly caused by the alleged incident.

Do the oafs refer to their demands as a 'fine'?

Have they ever mentioned an "offenders' database" and, if they have, what did they write about it?

[charitynjw]

Re: What should you do if you are contacted by a civil recovery firm ?

As CC has said above

http://www.openbrief.com/index.php/2...ion-in-the-uk/


The decision of the Court of Appeal in Aerospace Publishing Ltd -v- Thames Water Utilities Ltd [2007] EWCA Civ 3 has provided helpful clarification as to the recoverability of the costs of management and staff time in litigation and the requirements to be met to do so. Key requirements to be proved are that a) staff had been diverted from their normal activities in order to deal with the consequences of negligence and similar and b) such diversion caused significant disruption to the business.
The court ruled that it may reasonably be inferred that had their time not been so diverted, staff would have been engaged on activities which would, directly or indirectly, have generated revenue in a sum at least equal to the costs of employing them during that time. In the absence of records, evidence in the form of a reconstruction from memory may be acceptable although a discount (of 20%) was given by the court to allow for inaccurate recollection of events.