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

[Shaun9]

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

Hi, People

I am in the same position as lozza, i am going to reply to RLP with the same kind of letter and was just wondering what your final outcome was? Did you still pay the fine or did you stop them from contacting you? Thanks Shaun

[bluebottle]

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

Hi, People

I am in the same position as lozza, i am going to reply to RLP with the same kind of letter and was just wondering what your final outcome was? Did you still pay the fine or did you stop them from contacting you? Thanks Shaun

Under no circumstances pay any civil recovery operator any money whatsoever. However, it would help us to help you if you could post up what has happened in your case and what drivel you have received from RLP?

[Shaun9]

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

Hi, the item I took was low cost and the only reason I done it was as they TK MAXX refused to exchange my own item as it was to days outside the expiry return date. Now I feel really ashamed and embarrassment. Security took the item back off me with no damage or loss to them. Here is the letter I had in the post from RLP. Thanks for your advice

[bluebottle]

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

Hi, the item I took was low cost and the only reason I done it was as they TK MAXX refused to exchange my own item as it was to days outside the expiry return date. Now I feel really ashamed and embarrassment. Security took the item back off me with no damage or loss to them. Here is the letter I had in the post from RLP. Thanks for your advice

Okay, Shaun.

You need to rescan and re-post the letter as the printing on it is blurred, even when magnified. Also, could you post a detailed account of what happened. This will enable us to advise you accordingly.

[Shaun9]

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

Hi, I went to tk maxx to return a item what was the wrong size, but they said the return expiry date had expired by 2 days as it said on the back of receipt. So after being quite cross and I know it was stupid of me now, I decided to go and take the size I wanted. But Security saw me and stopped me on the way out the door. I did not damage any goods, they just took them back off me, took my details and gave me a 12month banning order. Then I received this letter from RLP.


We are instructed to notify you that you are not to return to our clients premises for the next 1 year. If you do you will be a trespasser and maybe liable for arrest and further criminal action.

It is alleged that you were involved in a wrongful act and your actions caused significant disruption to the clients business at those premises. Our Clients lossed include the value of the goods, if not recovered or fit for resale , the cost of security and store personnels time who were diverted from there duties for which they are engaged and paid, plus administration security costs. The law provides the recovery of these losses and makes no distinction between profit generating personal and profit protecting security personal who are equal value to the business. Collectively a substantial amount of time was incurred as a result of your actions such as observing, apprehending, interviewing you, and undertaking all necessary internal and external procedures thereafter.

Before instigating a civil claim, which is entirely separate from any police action or criminal proceedings, we invite you to advise us if there are any facts or circumstances surrounding the incident that led to your involvement in the incident that you would like us to take in to account. If you believe you may have a defence, or if there any other circumstances witch led to your involvement in the incident, you need to inform us within 14days and provide any evidence in support of your representations.


Any information you provide will be evaluated in order to make decision as to whether it is appropriate to seek the cost of your actions ( the disruption ) from you. You will appreciate we can only take into consideration information if it is provided . If we do not receive any information or evidence from you, the information our client has provided will be relied upon, and a claim will proceed.

The actual cost of dealing with your actions is considerable . The average cost to our client of an incident of this nature is between Ł300 and Ł500, before taking into account the value of losses for any goods not recovered or not fit for resale. Although our client is legally entitled to claim its full costs and losses, our client proposes to seek only a contribution towards the costs of dealing with the incident, witch it considers is sufficient to deter you from involvement in further such incidents. Provided our client does not seek to recover in excess of its losses, such losses are recoverable in law. A total sum of Ł50 ( including any goods if they were not fit for resale ) therefore required to settle this claim.


The procedure for this claim is set out in the practice direction for pre-action conduct and civil procedure rules 1998. You are required to respond within 14days. If we receive no response, our client would be entitled to issue proceedings for the fuul value of the claim. We summarise your options

. if there are factors that you wish to be taken into account you must advise within 14days
. if there are any considering factors, settle the claim by paying the amount stated Ł50 ( see enclosed sheet)
.if you wish to settle the claim,but cannot do within 14days, contact us to discuss payment options.
.Negotiate an alternative settlement by conducting our collections department.
.Advise that you require more time to take advice and consider your position.

We will put this matter on hold to allow you the full 14days to respond.

Yours Sincerely

RLP

[bluebottle]

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

Shaun,

Before I respond to the account you have given, could you please confirm the following -

1. Did they stop you inside the store? and
2. Did they take the item you had brought with you to exchange and had already been paid for on a previous occasion from you and then claim you had stolen it?

If the answer to 2. is "Yes", both TK Maxx and RLP are skating on very thin ice indeed.

[Shaun9]

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

Hi, they stopped me just outside the door, so i wasn't inside the actual building at that point.

No, i still have the wrong size item and the receipt , they just gave me a 12month banning notice and took the other item back off of me.

[bluebottle]

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

Hi, I went to tk maxx to return a item what was the wrong size, but they said the return expiry date had expired by 2 days as it said on the back of receipt. So after being quite cross and I know it was stupid of me now, I decided to go and take the size I wanted. But Security saw me and stopped me on the way out the door. I did not damage any goods, they just took them back off me, took my details and gave me a 12 month banning order. Then I received this letter from RLP.

We are instructed to notify you that you are not to return to our clients premises for the next 1 year.They have no legal authority to tell you that. Only TK Maxx, legal professionals acting for TK Maxx or a court would be deemed to have such authority.

If you do you will be a trespasser and maybe liable for arrest and further criminal action. They are correct in that you will be a trespasser, but they are incorrect in that you "may be liable to arrest and further criminal action". It would be civil trespass and, therefore, a civil matter.

It is alleged that you were involved in a wrongful act and your actions caused significant disruption to the clients business at those premises.
Where is their evidence to substantiate these allegations?

Our Clients losses include the value of the goods, if not recovered or fit for resale They have recovered the goods in saleable condition, therefore, they are not entitled to claim.

the cost of security and store personnels time who were diverted from there duties for which they are engaged and paid, plus administration security costs. The Oxford Case made it quite clear they cannot claim for these costs.

The law provides the recovery of these losses and makes no distinction between profit generating personal and profit protecting security personal who are equal value to the business. What law? Again, the Oxford Case ruled these alleged costs cannot be claimed.

Collectively a substantial amount of time was incurred as a result of your actions such as observing, apprehending, interviewing you, and undertaking all necessary internal and external procedures thereafter. Where is their evidence? Again, the Oxford Case ruled these alleged costs cannot be claimed.

Before instigating a civil claim, which is entirely separate from any police action or criminal proceedings, we invite you to advise us if there are any facts or circumstances surrounding the incident that led to your involvement in the incident that you would like us to take in to account. They're on a fishing expedition.

If you believe you may have a defence, or if there any other circumstances witch led to your involvement in the incident, you need to inform us within 14 days and provide any evidence in support of your representations. They're on a fishing expedition. And the onus is on them to produce evidence to substantiate their own and TK Maxx's allegations, not you.

Any information you provide will be evaluated in order to make decision as to whether it is appropriate to seek the cost of your actions (the disruption) from you. You will appreciate we can only take into consideration information if it is provided . If we do not receive any information or evidence from you, the information our client has provided will be relied upon, and a claim will proceed. If it is properly defended, they could get another pasting as they did in the Oxford Case.

The actual cost of dealing with your actions is considerable. Exaggeration. Two security staff were caught being economical with the actualities and exaggerating costs under cross-examination on oath during the Oxford Case. The claim on the RLP website that the two security staff were not used to giving evidence is nonsense. Retail security staff are given training in giving evidence in court as this would form an integral part of their duties. The simple fact is they did something the law prohibits and are very lucky the judge who heard the Oxford Case did not fine then or send them to prison. Whoever instructed them to do what they did should be investigated and prosecuted for Attempting to Pervert the Course of Justice.

The average cost to our client of an incident of this nature is between Ł300 and Ł500, before taking into account the value of losses for any goods not recovered or not fit for resale. Where is their evidence?

Although our client is legally entitled to claim its full costs and losses... That is debatable.

.... our client proposes to seek only a contribution towards the costs of dealing with the incident, which it considers is sufficient to deter you from involvement in further such incidents. It is not for RLP or TK Maxx to take the law into their own hands. Also, the Oxford Case uncovered exaggeration of costs.

Provided our client does not seek to recover in excess of its losses, such losses are recoverable in law. A total sum of Ł50 (including any goods if they were not fit for resale) therefore required to settle this claim. Where is their evidence such alleged losses are recoverable in law? Has RLP learned nothing from the Oxford Case, other than to keep on using the same business model until they get caught and closed down by the courts?

The procedure for this claim is set out in the practice direction for pre-action conduct and civil procedure rules 1998. You are required to respond within 14 days. If we receive no response, our client would be entitled to issue proceedings for the full value of the claim. Firstly, RLP are not compliant with CPR 1998 and it is doubtful whether TK Max could, in fact, issue proceedings for the alleged "full value" of any claim or at all.

We summarise your options

. if there are factors that you wish to be taken into account you must advise within 14 days
. if there are any considering factors, settle the claim by paying the amount stated Ł50 ( see enclosed sheet)
.if you wish to settle the claim,but cannot do within 14days, contact us to discuss payment options.
.Negotiate an alternative settlement by conducting our collections department.
.Advise that you require more time to take advice and consider your position.

We will put this matter on hold to allow you the full 14 days to respond.

Yours Sincerely

RLP

As you will see from the comments I have made in red text, don't be taken in by what RLP says in their correspondence . Wait for other LB members to look in and advise also.

[Shaun9]

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

Okay thanks for you help and advice, very much appreciated. Do you think it might be best just ignore them then? Or should I write back to them with a letter like the one above?

[bluebottle]

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

As I have said above, wait for other LB members to look in and advise as well. Putting RLP and TK Maxx to strict proof would probably have RLP writing further drivel. If it is necessary to put them to strict proof, this can pee them off somewhat as they then have to substantiate their allegations and claims.

[Konraddo]

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

Hi there LB ,
I've got a problem with RLP, and i will be thankful for your help.
It's a tesco claim.
I was doing shopping with click and collect thing (pilot or something), I went to pay to the cashier,he checked 5 random things and I left the tesco.At the parking 2 managers and 2 security guys ask me to check the shopping basket.So i went back to the tesco.They checked everything and they found that 3 of 50 things(6F~) where not scanned by collect pilot,they want to call for the police, so i just gave them my name and address. I dont like to talk with police especially beacause im from other country, sometimes they are over-racist.Managers have said that im banned from this shop and thats all.After that i get RLP letter, and i found LB so i have send them an message for DPA. They wrote me back :



Thank you for your email dated 18^th July 2014.

You are entitled to make a request for information pursuant to Section 7 Data Protection Act 1998. You are required to make the request in writing, advising what information you require. You are also required to provide your photographic identification, and the Statutory payment of Ł10.

As your identity was confirmed by an identity card, we require some form of photographic identity, such as a copy of your passport or driving licence.

Upon receipt of your fee and confirmation of your identity, we will respond to your request within the 40 day period prescribed by the DPA. (Please note that strictly speaking, we are the Data Processor in this matter and our client is the Data Controller. We are happy however as our client’s agent to comply with your request).

In the meantime, could you please also respond to our letter and advise whether you wish to defend the claim, or whether it is to be settled.

Yours sincerely.


What should I do can u help me with it ? im really busy at my work , and tired, ive said that to cashier but he just dont care about ,that I can miss somethings in my basket... Thanks for any help!

[bluebottle]

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

Hi there LB ,
I've got a problem with RLP, and i will be thankful for your help.
It's a tesco claim.
I was doing shopping with click and collect thing (pilot or something), I went to pay to the cashier,he checked 5 random things and I left the tesco.At the parking 2 managers and 2 security guys ask me to check the shopping basket.So i went back to the tesco.They checked everything and they found that 3 of 50 things(6F~) where not scanned by collect pilot,they want to call for the police, so i just gave them my name and address. I dont like to talk with police especially beacause im from other country, sometimes they are over-racist.Managers have said that im banned from this shop and thats all.After that i get RLP letter, and i found LB so i have send them an message for DPA. They wrote me back :



Thank you for your email dated 18^th July 2014.

You are entitled to make a request for information pursuant to Section 7 Data Protection Act 1998. You are required to make the request in writing, advising what information you require. You are also required to provide your photographic identification, and the Statutory payment of Ł10.

As your identity was confirmed by an identity card, we require some form of photographic identity, such as a copy of your passport or driving licence.

Upon receipt of your fee and confirmation of your identity, we will respond to your request within the 40 day period prescribed by the DPA. (Please note that strictly speaking, we are the Data Processor in this matter and our client is the Data Controller. We are happy however as our client’s agent to comply with your request).

In the meantime, could you please also respond to our letter and advise whether you wish to defend the claim, or whether it is to be settled.

Yours sincerely.


What should I do can u help me with it ? im really busy at my work , and tired, ive said that to cashier but he just dont care about ,that I can miss somethings in my basket... Thanks for any help!

The software Tesco use for their self-service checkouts and self-service equipment is not 100% reliable and Tesco staff admit that freely. Mis-scans (where the hardware scans but does not register items) are not uncommon. It is, therefore, not unlikely that what happened in your case was that the three items mis-scanned. It is wrong of Tesco managers to accuse people of stealing when they clearly do not understand the difference between real theft and the shortcomings of their equipment.

Any data protection request should be directed to Tesco, not RLP. You should ask for ALL information Tesco hold on you and full details of what they sent to RLP.

As for RLP, all I would suggest you say to them is -

"Your claim is denied and the matter is now being pursued directly with Tesco."

Hope this helps.

[Mr $quandaŁot]

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

I once rang the law firm who sent a stroppy letter to LB. I managed to get hold of Alexandra, the solicitor. I told her that I had found the letter online and that her threats were rather pathetic as was the client. I also said that if I was a forum owner and received a letter like that I would report her firm to the SRA. I also reminded her that RLP has no basis in terms of law whatsoever, and that the retailers should deal with the relevant authorities instead.

Alexandra got surprisingly quiet. She didn't know what to say but I think she was upset about my rant!

[Amethyst]

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

You rang Schillings ? Blimey, good on you.

[Mr $quandaŁot]

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

I did and they put me through to Alexandra McCready. She sounded much younger than I thought.

I never thought I would get hold of her so easily, on my first try. Maybe they just send pathetic letters to keep their clients happy and do very little work?