Anyone managed to successfully get rid of RLP & how???!!! :)

[lozza]

Re: Anyone managed to successfully get rid of RLP & how???!!!

Ah ha just got a quote to answer original question - the thread is in VIP - though I'll see about moving it to public now it is concluded.

help. rlp are doing the exact same thing to us. twice i have emailed and spoken to them asking for breakdown but just keep telling me everything online is untrue and if i ring them and raise my voice it is and offence pursuant to harrasment act blablabla!

they just wont give what im asking for and keep saying i havent given a defence etc. they seem adamant that i am in the wrong and all i have done is copied info from internet and that it has no standing, i sent them the letter regarding the breakdown of costs . they say it is meaningless and we have a bad attitude and to get legal advise. but they wont give me any info that im asking for so how can you get advise on something you have no paperwork for ? we could all go round saying we want damages under the civil law but withing anything to back it uo with how far would we get? they are morons. please help

[Amethyst]

Re: Anyone managed to successfully get rid of RLP & how???!!!

I think possibly a letter from a solicitor asking for the information may well be a good idea.

[bluebottle]

Re: Anyone managed to successfully get rid of RLP & how???!!!

Putting RLP and the retailer to strict proof would probably send them running home to change their underwear. When they were put to strict proof in the Oxford Case, their case collapsed like a house of cards. For them to claim everything on the internet is untrue smacks of desperation (Or it is delusion?). In any case, the burden of proof is on them and the retailer, not you. As judges say, "they are on a fishing expedition". Don't bite or rise to their bait.

[lozza]

Re: Anyone managed to successfully get rid of RLP & how???!!!

Putting RLP and the retailer to strict proof would probably send them running home to change their underwear. When they were put to strict proof in the Oxford Case, their case collapsed like a house of cards. For them to claim everything on the internet is untrue smacks of desperation (Or it is delusion?). In any case, the burden of proof is on them and the retailer, not you. As judges say, "they are on a fishing expedition". Don't bite or rise to their bait.

thanku to both of you for these responses.

I am again going to send them the same email with added detail that the burden of proof is on them not us and that if this continues and they do not provide what i am asking for i will tell them am going to apply for a cease and dicist? i probably wont but it will be interesting to see what happens next.............. what do you think? any help appreciated. thanku

[bluebottle]

Re: Anyone managed to successfully get rid of RLP & how???!!!

There is a piece of legislation called the Civil Evidence Act. Very simply, evidence of a criminal act can be used in civil proceedings, but the person against whom the claim is being made must have been convicted by a criminal court first.

No-one has a right in law to make a civil claim against another unless they can prove -

1. a tort has been committed; and
2. the person against whom the tort has been allegedly committed has suffered actual quantifiable loss as a result of the tort; and
3. the person whom it is alleged is responsible for the alleged loss is, in fact, responsible for the tort and is culpable.

The Civil Procedures Rules, as well as providing a framework within which the Civil Justice System operates, also provides a mechanism to weed out frivolous and vexatious cases and cases of little or no merit. Its basic thrust is to keep the courts free for cases where there are issues that either cannot or have not been settled by informal resolution or what is known as Alternative Dispute Resolution (ADR).

If RLP are being unco-operative, then I cannot see a court being very happy with their non-compliance with the Civil Procedures Rules. Judges take a serious view of claimants who mislead or attempt to mislead a court and this includes any legal representatives acting for the claimant.

The Cease and Desist is a notice you serve on them and does not need to be done by a court. It is, in essence, a "Stop It, Or Else" letter. Legally, they are not necessary, but advisable as it would show that attempts had been made to make them stop and they had ignored such attempts. Including such a notice with an application for an injunction would show this and, in serious cases, can be very persuasive to a judge to grant an injunction.

However, please remember that injunctions are a measure of last resort or where it is necessary to prevent harm being caused to the claimant or others.

[lozza]

Re: Anyone managed to successfully get rid of RLP & how???!!!

There is a piece of legislation called the Civil Evidence Act. Very simply, evidence of a criminal act can be used in civil proceedings, but the person against whom the claim is being made must have been convicted by a criminal court first.

No-one has a right in law to make a civil claim against another unless they can prove -

1. a tort has been committed; and
2. the person against whom the tort has been allegedly committed has suffered actual quantifiable loss as a result of the tort; and
3. the person whom it is alleged is responsible for the alleged loss is, in fact, responsible for the tort and is culpable.

The Civil Procedures Rules, as well as providing a framework within which the Civil Justice System operates, also provides a mechanism to weed out frivolous and vexatious cases and cases of little or no merit. Its basic thrust is to keep the courts free for cases where there are issues that either cannot or have not been settled by informal resolution or what is known as Alternative Dispute Resolution (ADR).

If RLP are being unco-operative, then I cannot see a court being very happy with their non-compliance with the Civil Procedures Rules. Judges take a serious view of claimants who mislead or attempt to mislead a court and this includes any legal representatives acting for the claimant.

The Cease and Desist is a notice you serve on them and does not need to be done by a court. It is, in essence, a "Stop It, Or Else" letter. Legally, they are not necessary, but advisable as it would show that attempts had been made to make them stop and they had ignored such attempts. Including such a notice with an application for an injunction would show this and, in serious cases, can be very persuasive to a judge to grant an injunction.

However, please remember that injunctions are a measure of last resort or where it is necessary to prevent harm being caused to the claimant or others.

hi thanku so much for this information. I have basically asked them to breakdown the losses suffered in accordance with to civil proceedings etc but they keep ignoring me saying its meaningless and deflecting the issue.
This is really distressing for my stepdaughter. Yes she was in the wrong but has been dealt with by the police and her dad ! ( believe me she wont do it again) . so all this is really worrying to her. I am doing my best to resolve it. she was with her sister at the time and they both got caught so the money they are demanding they say is between them both which makes no sense . they also say that we were present when boots decided on restorative justice being the punishment but that was the police. We werent present at the time of the incident. there letters just spout legal jargon in a very sloppy unprofessional manner.

Would you help me in preparing a letter that will hopefully see them off for good as im fed up now. not allowed to ring them because they dont like being shouted at. thanku if u can that would be fab x

[bluebottle]

Re: Anyone managed to successfully get rid of RLP & how???!!!

If Boots agreed to Restorative Justice, what did they and the police agree to? Also, how old is your stepdaughter and her sister?

[lozza]

Re: Anyone managed to successfully get rid of RLP & how???!!!

If Boots agreed to Restorative Justice, what did they and the police agree to? Also, how old is your stepdaughter and her sister?

they are 16 and 17 and it was the police who did the RJ . boots lost nothing as it was a £5 pack of nails that was given back and they made the girls apologise. my partner tried to talk to the manager at boots but she wasnt interested so he rang head office and is awaiting a call back to see if they are aware rlp are bullying young girls on the back of their name. when you say what did boots and the police agree to what do u mean ? x

[bluebottle]

Re: Anyone managed to successfully get rid of RLP & how???!!!

they are 16 and 17 and it was the police who did the RJ . boots lost nothing as it was a £5 pack of nails that was given back and they made the girls apologise. my partner tried to talk to the manager at boots but she wasnt interested so he rang head office and is awaiting a call back to see if they are aware rlp are bullying young girls on the back of their name. when you say what did boots and the police agree to what do u mean ? x

You have answered my question by explaining what the police did in your post which is in the quote above. Ultimately, Boots are vicariously liable for RLP's actions and would be the ones who cop the flak if RLP go too far or cross the line.

At the ages of 16 and 17 years respectively, your two stepdaughters are minors and strict rules apply to the detention and processing of minors alleged to have committed criminal offences.

It is all very well RLP making claims about the law, etc., but, at the end of the day, the burden of proof lies on them and Boots. When RLP and one of their retailer clients were put to Strict Proof before Oxford County Court in May 2012, the claims they were making did not stand up and, not surprisingly, the case was found for the defendants. RLP know that and appear to be in denial about it. Their statement about everything that is online is wrong appears to bear this out.

Your partner was wise to go straight to Boots' head office and I would be inclined to keep up the pressure on them.

[lozza]

Re: Anyone managed to successfully get rid of RLP & how???!!!

hi. my partner got absolutely nowhere with boots who basically said they know what rlp are doing and that it is right. Now im puzzled. shall i do a cease and disist letter to rlp or hound boots to get rlp to back off ? or both ? we are thinking raising a complaint with boots to tell them the either back off that we will take them both to court for harrasment and get them to explain their actions to a judge as is the oxford case..........? sorry i no im a pain but we really want to get this right. boots are in denial it seems that rlp behave in a certain way .thanks :tinysmile_hmm_t2::tinysmile_hmm_t2: