Dreaded by the letter from retail loss prevention (RLP) HELP

[teaboy2]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

thanks a lot for reply, i feel i m calming down a bit

I asked the CAB guy teh same question, if i m being formally charged he said i dont need to sign anything to accpet a caution/warning, there shud hv been so and so happend, which is as follows
1) two police man (yes they were there)
2) asked my details like , name full dob address and contact number (they did indeed and noted in his black littel diary)
3) shud say some words like ' i shud not sya anything just now as it may be used against me and would make my defence or somthing on those lines, (police guy siad something to me like that but i cudnt understand it as i was on verge of a black out)

i want to feel normal once again dunno i m behaving like mad people

Thata not police caution its merely cautioning you that want you say maybe used as evidence against. A formal police caution would ment you would hae been arrested, taken to the police station, interviewed and then released with a formal written caution.

So if you were not arrested, or given a written caution then you did not receive a caution.

[depressed2011]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

@ tea boy - evn if the police guy said, i may receive a letter in post from th police ?

[teaboy2]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

@ tea boy - evn if the police guy said, i may receive a letter in post from th police ?

Doesn't mean it will be a formal warning, and if he did not refer to it as a "you will receive a formal warning in the post" then its more likely to be a letter summarizing what happened and action if any that the police took. So its more likely to be confirmation that they decided to not take action against you.

If you post it up when you receive it, minus your personal details and details of the police officer and shop etc, we can review it and tell you for certain what the letter is then.

Put it this way as far as am aware, if you were not place under arrest, then you can not be cuationed for theft.

[depressed2011]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

Thanks for ur reply


I seasrched on the internet and got to know about 'procurator fiscal' even to present something to procurator does the police should have anything in writing confirmed by my signature?

thanks

[ODC]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

thanks all for your replies

what worries me is my visa status in the country, i dont want to jeopardise it, I think that CAB guy needs a bit of training i m so so depressed, i been there for some advice about the civil action as i m not a UK citizen, i m in wrong i agree and my soul is hurt because of this.

any one who had been in a similar position, lik a non uk citizen facing a stupid situation like me, pls come n update me so that i can sleep a bit

also any idea where i can get free legal advice in scotland as there is hell of a confusion on me having a formal caution ....... i was told by a cop on some forum that they (in scotland) put a mark on ur record that u have been warned but i wasnt notified in writing about it, in scotland a verbal agreement is a contract this adds fuel to my confusion, any scottish member who can throw some light on it please

This is a good site for advice on Scottish law

http://www.govanlc.com/advice.htm

[depressed2011]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

at scottie, thanks for the link

do u live in scotland? i m not from thsi country and do not understand anything abt the law and procurator stuff, its just inetrnet search tht i did.

any idea wht is the situation like in my case? its so confusing and scaring me to death

[TUTTSI]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

The producers of a TV documentary are looking for case studies on RLP. http://www.legalbeagles.info/forums/...ad.php?t=32476

[CleverClogs]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

i been to CAB today and th guy i met scared me to death, he said i shud pay them at first instance even if i hav to default on my rent.

He said WHAT???

He should be reported to the head office of Citizens' Advice Bureau at once - link - as his 'advice' is not only utterly wrong, it could be actually dangerous! Rent is a priority debt, whereas the uncivil and arguably unlawful demands of RLP and similar parasites are not really debts at all.

i was dumbfound, i know i did wrong and i shud be punished but i m genuinely sorry for what i did this money is far too much, it is my weekly food...

Then spend it on food.

the letter mentions that they will take me to court if i didnt paid.

They won't.

[depressed2011]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

Hello All

I am back here

I have received a letter in post from police (as the police guy whom i met on that dreadful day of my sheer stupidity said)

the letter states the incident (not in details) mentions my name and dob and date and place of incident then it goes as under (i m typing the exact letter)


there is sufficient evidence to justify submission of a report to procurator fiscal however the police has used descretion and will not report this matter, should any similar report is received in future, the matter would be reported for consideration of procurator fiscal for prosecution

THIS WARNING WILL BE RECORDED ON POLICE SERVICES AUTHORITY CRIMINAL HISTORY SYSTEM AND WILL REMAIN IN DATABASE FOR A PERIOD OF 2 YEARS DURING WHICH IT WILL BE AVAILABLE TO ALL POLICE FORCES thats the most scary bit as i don't know what it means

should you wish to challenge this warning please intimate your decision in writing within 28 days of this letter. the circumstances wud be then reviewed and this may lead to a report being prepared and forwardded to procurator fiscal who will thereafter give consideration to any further action considered appropriate

I am scared to death now.
The thing which is bothering me is

1) is that letter (or meeting cops on incident) means official warning
2) if yes what is the status spent unspent conviction ??
3) now if i fill any application that wants me to confirm a criminal record, do i have to tick yes (oh i wud kill myself for this)
4) I would soon need a police clearnace certificate as I would be leaving UK soon, wud that show up on the Police certifciate that i have a spot on my history
5) is it a part of CRB now?

Please suggest what should I do

[bluebottle]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

Hi Depressed2011,

You seem to be working yourself up into quite a state over a silly mistake you made. And that is all it is - a mistake.

The letter you have had from the police appears to be a formal warning. A caution has to be administered by a police officer not below the rank of Inspector, at a police station, you have to admit the offence and sign the caution form after the caution has been administered. This does not appear to have happened in this case, so it is, probably, a formal warning.

The Procurator Fiscal in Scotland has the same role as the Crown Prosecution Service in England and Wales, the only difference being that the PF has been around a lot longer than the CPS. The CPS was set up following the Scarman Report into the Brixton Riots in London in an attempt to stamp out police corruption in the prosecution process.

In order to have a "spent conviction", you, first, have to be convicted by a court. You have not. However, I would consult a legal professional to find out how you stand with a formal warning. Make sure you show them the letter you have received from the police.

With regard to your concerns about criminal records being declared on applications, again, a legal professional is the best person to advise on this and, also, the "police clearance certificate" you refer to. However, it will depend upon which country you will be going to. Different countries have different criteria. Speak to the embassy for the country you intend to go to. Simply put "[Name of country] Embassy" into Google and then obtain their contact details and speak to the embassy staff who should be able advise you of current criteria for their country.

As far as the Criminal Records Bureau (CRB) is concerned, again, I would speak to a legal professional about that. Some jobs do not require a CRB check. If you are leaving the UK, but will not be returning, I wouldn't worry about it.

If you are still worried, send me a private message and I'll try and put your mind at rest.

Bluebottle

[CleverClogs]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

there is sufficient evidence to justify submission of a report to procurator fiscal however the police has used descretion and will not report this matter, should any similar report is received in future, the matter would be reported for consideration of procurator fiscal for prosecution

Translated: We have got our report-writing specialist (who got a grade A in her English Literature Highers so she knows how to spel rite) to compile the report and it could go forward to the Fiscal for prosecution of the offence. However, it is such a piddlingly trivial matter and no harm was really done, so it would hardly be worth anyone's while to put you on trial.

If you do it again, you will not be so lucky.

THIS WARNING WILL BE RECORDED ON POLICE SERVICES AUTHORITY CRIMINAL HISTORY SYSTEM AND WILL REMAIN IN DATABASE FOR A PERIOD OF 2 YEARS DURING WHICH IT WILL BE AVAILABLE TO ALL POLICE FORCES thats the most scary bit as i don't know what it means

It means what it says.

should you wish to challenge this warning please intimate your decision in writing within 28 days of this letter. the circumstances wud be then reviewed and this may lead to a report being prepared and forwardded to procurator fiscal who will thereafter give consideration to any further action considered appropriate

Translated: we have taken it upon ourselves to issue this warning and have thus effectively convicted you of this offence without bothering to take the matter to any court. We will not take any more action in the next two years as long as you behave yourself.

If you do not like this, however, you may challenge it in the next 28 days; we will then decide that our decision stands and also decide that, as you would then have appeared ungrateful, we would submit the report to the Fiscal who may then prosecute. So the question you have to ask yourself is this: Are you feeling lucky?

1) is that letter (or meeting cops on incident) means official warning

Yes, but it's more officious than official.

2) if yes what is the status spent unspent conviction ??

There isn't any, as it is not a criminal conviction. Quite honestly, it's not even a formal caution.

3) now if i fill any application that wants me to confirm a criminal record, do i have to tick yes

You have not been convicted of an offence.

4) I would soon need a police clearnace certificate as I would be leaving UK soon, wud that show up on the Police certifciate that i have a spot on my history

The plods in the UK do not issue such certificates - link. However, the Association of Chief Police Officers does issue such certificates, based on the data in its own database of criminal convictions.

You should not be listed on that database as you have not been convicted.,

5) is it a part of CRB now?

Yes, but not as a conviction.

Please suggest what should I do

I would strongly suggest that you abandon your life of crime.

[depressed2011]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

clever cloggs
Thanks for replying.

I haven't done anything liek that before,it was a stupid act done in a state of stress.

i live alone in uk from so many years, no family to go to and friends were busy on x mas time so i was **** lonely whoever i called was busy wth family stufff, in that bloody moment i decided to go out on boxing day on the streets i saw the woman who attacked me (unsucessful attempt of stabbing) and racially abused me in my own flat, seeing her free and having fun in festivity put me off completely, i entered this god damn store where i neevr shop, walked in held an item n was walking about in my own little stressed world thinking to myself why th hell in this world i m the unluckiest one !!
even a blind man can say i was acting suspiciously coz i was stressed. n voila i shoplifted.
the rest story is already told.

i had to see my mental health counsellor twice a week after this shocking incident (by teh way i m under mental health counselling from months)

i just want this to end as i hv punished myself so much tht i cant afford any more stress

[bluebottle]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

Is it my imagination, or are we getting a lot of issues about the quality of advice from the CAB at the moment?

It might be a good idea to let Richard Dunstan at CAB HQ know about this. He's pursuing a lot of RLP cases. I get periodic updates from him about Civil Recovery.

[depressed2011]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

Thanks very much for you replies.

In all honesty CAB gave me nightmares with that advice. I was so very sorry at the time when that incident happened the police guy could see that i would any moment collapse on the site, he was polite to me and let me go. i spoke to him outside the store and assured him that whatever happened that wouldn't happen again and I am a respectable resident with moral duties, i think he could see the honesty in my eyes and remorse in my voice.

my major concern is the letter and the police record of warning and the record being kept on system (the word database isn't mentioned and i dont know if it makes a difference) for two years. i am planning to leave UK in the light of the physical attack and racial abuse on me and I just want to know how i can request the cops involved to drop this record (if possible) so that i can leave UK and continue my life elsewhere.

many thanks

[raydeville]

Re: Dreaded by the letter from retail loss prevention (RLP) HELP

Hi Its Raydeville i have just read bluebottle's advice and its pretty much what i was saying to you earlier, for your own piece of mind just get some legal advice it will put an end to your worrying.