Letter from RLP for shop lifting

[Pinkfairy2013]

Hi, over a month ago I attempted to take some children's clothes from a Matalan store. I had my 2 year old with me in the buggy. I am on income support as a lone parent and needed these items as I couldn't afford to buy them. I walked out of the shop and was chased after by a store detective guy. He said the police were already there and I had to go in a back office with the police man and the store detective. He had only seen me put a bra into my bag but I admitted to the officer that there were more items and I took them out. The items came to around £44, I cried infront of the officer and I said I was stupid and an idiot for doing what I did. I was given an £80 fine and banned from the store and the store detective mentioned that I may have to pay damage costs. I asked the police officer if I had to legally pay them costs and he said it would be a civil matter and not a legal one. I was sent on my way and a few days later I paid the police fine. Today I have received a letter from RLP stating that I've failed to respond to a previous letter (I didn't receive one) they had got my house number wrong, although it was the correct road etc. The amount they want is £147.50, I was just gonna ignore any further letters but I chose to call them. I said it wasn't legal and I paid my police fine and Matalan suffered no loss because they got the items back, but she still said I could end up going to court! She said that Matalan don't get any of the money from the £80 fine and their costs are for store detective/CCTV and admin costs. I just want to know where I stand with RLP, do I actually have to pay them? Shall I ignore future letters etc? Help!!!

[bluebottle]

Re: Letter from RLP for shop lifting

Hi and welcome to Legal Beagles.

The demands RLP make have no basis in law. That has been confirmed by the Law Commission and a senior Circuit Judge at Oxford Count Court in May 2012.

I have noted what the police officer said to you at the time. Although a little cryptic, it does say a lot, especially the bit "...not a legal one." I'm a retired policeman and I worked in the retail industry before I joined the police force.

What RLP told you was total garbage and if they want to be humiliated again, as they and one of their clients were at Oxford in 2012, let them. The onus of proof lies entirely on them and Matalan.

In the Oxford case, it was found, during cross-examination, that the security manager and security officer employed by the retailer involved had exaggerated the time involved and their salaries. After the judge threw the claim out, RLP claimed the security manager and security officer were "not used to giving evidence". Oh really? Security personnel receive training in court procedures as part of their training so that claim holds as much water as a sieve.

Could you scan the letter RLP have sent you so we can see what they have said?

[teaboy2]

Re: Letter from RLP for shop lifting

They have not suffered any loss, as they would have had to have paid the store detective, the cctv operational costs and admin costs anyway! As the store detective would have been paid for his work even if you had not been caught, the cctv would still have been operational and in use even if you had not be caught and the admin costs would have been just a few pieces of paper and a pen that they would have already have purchased weeks or months before you were caught.

Simply write back to them stricting them to proof that your actions caused the retailer direct loss that they would not have otherwise incurred in they day to day running of the store, making it clear you are aware of the Oxford case that BB mentions above. Then get back to us with their reply, as i would be very interested in seeing how they try to proof cost and suspect they will try tell you your liable for the operational cost and wages of the detective during the time you were in the store, which is not a loss incurred by the retailer as a result of your actions but a day to day business operational cost, which would prove very useful in court should they be foolish enough to go that far, which i doubt they will after the oxford case.

[bluebottle]

Re: Letter from RLP for shop lifting

The words "strict proof" can have a chilling effect on chancers who try to obtain money from individuals, hoping the individual doesn't realise what they are being fed is pure bovine excrement.

A District Judge at a county court in South West England has a favourite phrase which claimants, defendants and barristers get thrown at them, the phrase being, "Where is your evidence?" The said DJ is a good judge and won't stand for any nonsense from anyone.

Bear in mind the good judge's phrase when sending the strict proof letter to RLP who, if they are reading this thread, would do well to remember that the onus is on them and their client to prove their case and not try to extract defence details from an alleged defendant without revealing the evidence they are relying on. RLP know what Civil Procedures Rules say and there is, therefore, no excuse for them not complying with them.

[Pinkfairy2013]

Re: Letter from RLP for shop lifting

Thanks for your help and advice at this early stage. Much appreciated. Erm, I kinda tore up the letter! Whoops! They've put my case on hold for 21 days so when they don't hear from me I'm sure I'll receive another letter. When I get a letter should I just email them with a mention of the Oxford case and say that Matalan never actually suffered a loss because the security guy was doing what he was employed to do etc? Could I get bailiffs coming to my property? Would I end up going to court? Will me not paying their stupid loss fee effect my credit history? I've never been arrested or in trouble with the law and to be honest I'm pretty scared about the whole thing

[Inca]

Re: Letter from RLP for shop lifting

Hi Pinkfairy and
Don't be scared,,that's what the letters are meant to do..scare you.
You've done something silly but it's not the crime of the century,,just remember how crap you feel and don't do it again.
Listen to the guys on here and this will all get sorted.

PS......ASDA are having a mahoooooooooooosive (thanks Sapphy) sale on at the moment,,,,the kids clothes sections are at silly prices (50p for a tshirt)....I was going to buy some for my son but as he's 25 I didn't think they'd fit :rofl:......
Now,,chin up chuckles....and smile...nothings ever THAT bad xxxxx

[CleverClogs]

Re: Letter from RLP for shop lifting

PS......ASDA are having a mahoooooooooooosive (thanks Sapphy) sale on at the moment,,,,the kids clothes sections are at silly prices (50p for a tshirt)....

They expected a hotter summer and they've bought too many!

[CleverClogs]

Re: Letter from RLP for shop lifting

The demands RLP make have no basis in law. That has been confirmed by ... a senior Circuit Judge at Oxford Count Court in May 2012.

Please see the attached file.

[bluebottle]

Re: Letter from RLP for shop lifting

They expected a hotter summer and they've bought too many!

That's about right for them. I worked for ASDA when I left school and a lot of stock would end up in the Reduced to Clear dump bins, simply, because they ordered too much stock. The problem was that the head office would not let stores set their own stocking levels to cater for local markets, which resulted in stock running out within a few days of being restocked or being left with a lot of stock and having to Reduce to Clear, simply to make room for new lines. It almost resulted in the company going into administration. When Archie Norman took over, things changed, including a mass sacking of managers - the business was top heavy with them - and allowing stores to stock according to local markets.

[Pinkfairy2013]

Re: Letter from RLP for shop lifting

I've read the Oxford file, thanks. Will me not paying them and ignoring them affect my credit history?

[bluebottle]

Re: Letter from RLP for shop lifting

I've read the Oxford file, thanks. Will me not paying them and ignoring them affect my credit history?

Not unless the retailer is successful in obtaining a County Court Judgement against you. RLP first have to provide you with evidence to back up their claims and any allegations attached thereto. No evidence, no claim.

[Pinkfairy2013]

Re: Letter from RLP for shop lifting

Thank you. Will keep you posted of any future letters etc

[Pinkfairy2013]

Re: Letter from RLP for shop lifting

Hi, I've received what would be my third letter from RLP today and it reads as follows: We refer to our previous correspondence and note that you have not yet responded. Ignoring this matter will not make it go away, and is not in your interest, as it could result in additional liability if the matter proceeds in court, by way of the additional court fees, legal costs and interest which would be sought at the rate of 8% per annum.

You have failed to comply with the Practice Direction relating to Pre Action Conduct and the Civil Procedure Rules 1998, which encourage negotiation and settlement of claims,n without the requirement to issue court proceedings. Regrettably, we must therefore advise our client it is now in a position to issue proceedings against you and for the full value of the claim if it chooses. You are again urged to seek some independent legal advice.

we take this opportunity of confirming the position regarding your data. As previously advised, our client has passed us your information, the information regarding this incident and any supporting evidence, in order to pursue a civil claim. There is sufficient evidence to establish liability. We rely on our client's description as an accurate account of the incident, as you have not provided any information to the contrary. It is therefore important that if there are any facts which you wish to dispute, or any circumstances which you may consider relevant to the incident which you have not yet made us aware of, you must contact us to advise without any further delay, in order to insure that an accurate record is retained.

The information we hold may now be passed to the Police or other crime initiatives in the interest of preventing and detecting crime and may be available to members of a closed user group for employment screening. Please note, employment screening may only be conducted with your prior consent.

If you do not dispute the claim, and there are no other circumstances relevant to the incident, you need to settle the claim. You may do so by contacting our collections department which can take payment by credit or debit card on 08442451145, or by paying on line at www.lossprevention.co.uk. Other payment options are detailed on the back of this letter including the facility to pay your damages by way of instalments or agreeing a deferred time period.

We look forward to hearing from you within 14 days from the date of this letter, in order to avoid any further action being taken against you, or incurring additional cost.


can someone please explain the letter to me in dumb persons terms.. I need advice on what to do next, do I take action, what do I reply, do I ignore?? HELP!!!

[charitynjw]

Re: Letter from RLP for shop lifting

[bluebottle]

Re: Letter from RLP for shop lifting

Hi, I've received what would be my third letter from RLP today and it reads as follows: We refer to our previous correspondence and note that you have not yet responded. Ignoring this matter will not make it go away, and is not in your interest, as it could result in additional liability if the matter proceeds in court, by way of the additional court fees, legal costs and interest which would be sought at the rate of 8% per annum.

You have failed to comply with the Practice Direction relating to Pre Action Conduct and the Civil Procedure Rules 1998, which encourage negotiation and settlement of claims,n without the requirement to issue court proceedings. Ahem. What about their compliance with said legislation? It applies to both parties. I would be inclined to put them on strict proof and request copies of all statements, etc..

Regrettably, we must therefore advise our client it is now in a position to issue proceedings against you and for the full value of the claim if it chooses. You are again urged to seek some independent legal advice.

we take this opportunity of confirming the position regarding your data. As previously advised, our client has passed us your information, the information regarding this incident and any supporting evidence, in order to pursue a civil claim. There is sufficient evidence to establish liability. We rely on our client's description as an accurate account of the incident, as you have not provided any information to the contrary. What proof is there that their client's description of the incident is, in fact an accurate account? It is up to them and their client to prove the veracity of the account. I doubt a judge would be very sympathetic if they tried to say they accepted their client's account as accurate without making proper checks as to its accuracy and veracity.

It is therefore important that if there are any facts which you wish to dispute, or any circumstances which you may consider relevant to the incident which you have not yet made us aware of, you must contact us to advise without any further delay, in order to insure that an accurate record is retained. Until they make available all evidence they allegedly hold, how do they expect you to be able to challenge what they say?

The information we hold may now be passed to the Police or other crime initiatives in the interest of preventing and detecting crime and may be available to members of a closed user group for employment screening. Please note, employment screening may only be conducted with your prior consent. Run this past the Information Commissioner's Office.

If you do not dispute the claim, and there are no other circumstances relevant to the incident, you need to settle the claim. You may do so by contacting our collections department which can take payment by credit or debit card on 08442451145, or by paying on line at www.lossprevention.co.uk. Other payment options are detailed on the back of this letter including the facility to pay your damages by way of instalments or agreeing a deferred time period.

We look forward to hearing from you within 14 days from the date of this letter, in order to avoid any further action being taken against you, or incurring additional cost.


can someone please explain the letter to me in dumb persons terms.. I need advice on what to do next, do I take action, what do I reply, do I ignore?? HELP!!!

Response in red text.