Civil Recovery solutions claim

[bluebottle]

Re: Civil Recovery solutions claim

If they do, there are ways of dealing with that. CRS and B & Q are on very unsafe ground legally. Don't be cowered by their bullying and deceit.

[EXC]

Re: Civil Recovery solutions claim

Although I would like to write a letter like that I feel that it would make matters worse and make them come at me more aggressively.

You are wrong. It is weakness that is provocative.

They are relying on you weakness. The civil recovery business model is founded on the vulnerabilty of its victims.

[bluebottle]

Re: Civil Recovery solutions claim

You are wrong. It is weakness that is provocative.

They are relying on your weakness. The civil recovery business model is founded on the vulnerability of its victims.

Exactly what Blackmail is, EXC. It is regarded as one of the most insidious offences of criminal dishonesty and I know of nothing that comes near to it. It plays on the vulnerability of the victim and is often referred to as an attack on a person's soul.

[CleverClogs]

Re: Civil Recovery solutions claim

Send them the letter EXC has drafted for you. It might be worth sending a copy to B & Q's head office. EXC will advise if this is advisable or not. What EXC has said in the draft letter is absolutely correct - B & Q incurred their alleged losses through the ineptitude and incompetence of their employees and contractors, which is what most CR claims are. Except in exceptional circumstances, you cannot make someone pay for losses caused by the ineptitude/incompetence of yourself or your employees, servants or agents.

Moreover, if the claimant were required to prove their alleged losses, as they were in the (attached) Oxford case, the claim would soon be seen as unrealistic, inflated beyond all reason and fanciful.

[gravytrain]

Re: Civil Recovery solutions claim

This is a slightly different approach to the actions I have seen previously I haven't seen mention of the 1977 act before. I think in the Oxford case they depend on common law tort and general damages as result of conversion.

This seem to be more concerned with consequential losses, which is not quite the same thing. The letter points out that there was no cause for action regarding the losses.

An alternative would be for the defendant to show that the plaintiff did not mitigate their losses, and even if the tort did occur, the consequent losses could easily have been dispelled just by the security mentioning that the defendant had missed an item, he would have paid for it and been on his way. The act points out that the damages for the loss of property can be remedied simply by returning the goods, or paying for them.

In other words the consequential losses were of the claimants making.

[bluebottle]

Re: Civil Recovery solutions claim

This is a slightly different approach to the actions I have seen previously I haven't seen mention of the 1977 act before. I think in the Oxford case they depend on common law tort and general damages as result of conversion.

This seem to be more concerned with consequential losses, which is not quite the same thing. The letter points out that there was no cause for action regarding the losses.

An alternative would be for the defendant to show that the plaintiff did not mitigate their losses, and even if the tort did occur, the consequent losses could easily have been dispelled just by the security mentioning that the defendant had missed an item, he would have paid for it and been on his way. The act points out that the damages for the loss of property can be remedied simply by returning the goods, or paying for them.

In other words the consequential losses were of the claimants making.

Which is what 99.99999% of CR claims are.

[sparkster]

Re: Civil Recovery solutions claim

Moreover, if the claimant were required to prove their alleged losses, as they were in the (attached) Oxford case, the claim would soon be seen as unrealistic, inflated beyond all reason and fanciful.

Hi there I have had a couple more letters from CRS.

[enquirer]

Re: Civil Recovery solutions claim

Hi there I have had a couple more letters from CRS.

Until you kick these people in the teeth, you will get more.

Do as previously advised by EXC and Bluebottle.

[sparkster]

Re: Civil Recovery solutions claim

Hi could I pm anyone the letters? I did send them a short one line email denying liability.

[sparkster]

Re: Civil Recovery solutions claim

Hi could I pm anyone the letters? I did send them a short one line email denying liability.

[CleverClogs]

Re: Civil Recovery solutions claim

I'd rather you posted a redacted copy of their letter here.

[sparkster]

Re: Civil Recovery solutions claim

3rd letter

[sparkster]

Re: Civil Recovery solutions claim

4th letter

[CleverClogs]

Re: Civil Recovery solutions claim

Well, as stated above, their claim is just poppycock.

You'll need a lawyer to bully those bullies, though. Look for your local law centre (link) or, failing which, Citizens Advice Bureau (link). Don't be fobbed off by the middle-class madams who may advise you to pay those parasites, for you need one of their lawyers to write a letter telling CRS that their fatuous claim will be defended and subjected to strict proof.

However tempted you may be, do not write that letter yourself. Bullies only respect those who can hurt them, so a lawyer telling them that their client will lose and may be faced with an order for costs should get their attention.

And change your custom to Wickes. :grin:

[sparkster]

Re: Civil Recovery solutions claim

I had already spoken to CAB but they said they couldn't really help cause I'm not Entitled to legal aid.