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Hi,
In July i had a letter from the RLP however they have spelled my surname wrong. I emailed to tell them this and that unless the letter was in my correct name i would not pay. I have just received the below email:
"Thank you for your recent correspondence.We note your comment regarding our letter dated 29th August.
You did indeed contact us by e-mail on the 9th July, to inform us that Miss X did not live at your address; X.
We responded to your e-mail on the 12th July, requesting the completion of a ‘Traced Address Investigation Form’ and the supply of a recent council tax bill, in order that we might clarify the residency of X as separate from yourself. We also strongly advised you to report the matter to the Police, as Miss X gave your address to our client’s security personnel at the time of the incident and provided a driver’s licence to confirm her identity.
You did not respond to this e-mail and as such, we made reference to this in our letter dated 29th August.
We note your comment that you have not received a letter in your name.
The name of the person involved in the incident was Miss X and as above, this was verified by the provision of her driver’s licence. If you are not Miss X, please complete the ‘Traced Address Investigation Form’ and supply a recent council tax bill, as requested in our e-mail dated 12th July. Otherwise we must issue to your address, as this was the address given to our client’s security personnel by Miss X.
We note that your e-mail address is X@hotmail.com, which suggests an association of some kind with the name Miss X.
If you were known as Miss X at the time of the incident but you have since changed your name, please provide us with your new name, so that we may communicate appropriately with you in the future.
We note your comments regarding the advice you received from the Citizens Advice Bureau. Your comments suggest that you do not understand the advice.
A ‘summons’ relates to criminal proceedings.
We would like to inform you that our client’s claim is entirely separate from criminal proceedings and is brought wholly under civil law. Should our client wish to issue a claim against you in the County Court, you would be served with a claim form and particulars of claim; not a summons. If you wished to defend the Claim, or the quantification of it, you would be required to set your case out in a formal Defence, disclose any documents upon which you intended to rely and file a witness statement setting out your evidence of events. A Judge would then consider the evidence at a trial and hear representations from both parties. Both parties are required to consider all other options before resorting to formal court proceedings.
Further, our client’s claim is not necessarily suitable for the small track. The appropriate allocation for a case involving a disputed allegation of dishonesty, as here, may be to the fast track, where statutory costs may be claimed, regardless of the judgment amount.
We strongly recommend you seek advice from an individual with the requisite qualification or experience to advise on civil litigation matters, the tort of trespass and conversion and damages which arise in tort. You are likely to be entitled to free legal advice from a law firm who hold a Public Funding Franchise (like the old legal aid scheme) or a law centre or other advice agency.
We note your comment that you have not been given an opportunity to negotiate.
Please be advised that our letters dated 26th June, 15th August and 29th August were all sent in an effort to engage in negotiations with you.
We note your comment regarding your financial circumstances.
Although under civil law, our client does not need to take into account any mitigating factors, our client will consider the case in light of your representations on your debts, if you tell us in full about your financial position at this time.
You are required to complete the Financial Circumstances Form enclosed in full and return it to us within 21 days. You must in addition provide copies of all the debts, bills and financial arrangements you seek to rely upon in asking us to consider your claim for financial hardship. Please be assured that any information you provide will be stored in strict compliance with the Data Protection Act 1998 (ROI DPA 1988 and 2003), will remain confidential and will only be used in connection with this matter.
If you do not return the form within this time period, we will then advise our client to continue with the action against you in full.
If you do return the form, we shall take our client’s instructions and write to you again.
Throughout this email they continue to address me incorrectly and all i can think is that the man who copied my driving licence at the store has copied it incorrectly. I am thoroughly ashamed of my spontaneous actions and have not and will not done anything like this again and do not in any way condone my actions and the fact that i broke the law (all for a £2 umbrella!). But how do i proceed? Do i just ignore? without my proper name do they have a case?
Thanks :-)
M xxx
In July i had a letter from the RLP however they have spelled my surname wrong. I emailed to tell them this and that unless the letter was in my correct name i would not pay. I have just received the below email:
"Thank you for your recent correspondence.We note your comment regarding our letter dated 29th August.
You did indeed contact us by e-mail on the 9th July, to inform us that Miss X did not live at your address; X.
We responded to your e-mail on the 12th July, requesting the completion of a ‘Traced Address Investigation Form’ and the supply of a recent council tax bill, in order that we might clarify the residency of X as separate from yourself. We also strongly advised you to report the matter to the Police, as Miss X gave your address to our client’s security personnel at the time of the incident and provided a driver’s licence to confirm her identity.
You did not respond to this e-mail and as such, we made reference to this in our letter dated 29th August.
We note your comment that you have not received a letter in your name.
The name of the person involved in the incident was Miss X and as above, this was verified by the provision of her driver’s licence. If you are not Miss X, please complete the ‘Traced Address Investigation Form’ and supply a recent council tax bill, as requested in our e-mail dated 12th July. Otherwise we must issue to your address, as this was the address given to our client’s security personnel by Miss X.
We note that your e-mail address is X@hotmail.com, which suggests an association of some kind with the name Miss X.
If you were known as Miss X at the time of the incident but you have since changed your name, please provide us with your new name, so that we may communicate appropriately with you in the future.
We note your comments regarding the advice you received from the Citizens Advice Bureau. Your comments suggest that you do not understand the advice.
A ‘summons’ relates to criminal proceedings.
We would like to inform you that our client’s claim is entirely separate from criminal proceedings and is brought wholly under civil law. Should our client wish to issue a claim against you in the County Court, you would be served with a claim form and particulars of claim; not a summons. If you wished to defend the Claim, or the quantification of it, you would be required to set your case out in a formal Defence, disclose any documents upon which you intended to rely and file a witness statement setting out your evidence of events. A Judge would then consider the evidence at a trial and hear representations from both parties. Both parties are required to consider all other options before resorting to formal court proceedings.
Further, our client’s claim is not necessarily suitable for the small track. The appropriate allocation for a case involving a disputed allegation of dishonesty, as here, may be to the fast track, where statutory costs may be claimed, regardless of the judgment amount.
We strongly recommend you seek advice from an individual with the requisite qualification or experience to advise on civil litigation matters, the tort of trespass and conversion and damages which arise in tort. You are likely to be entitled to free legal advice from a law firm who hold a Public Funding Franchise (like the old legal aid scheme) or a law centre or other advice agency.
We note your comment that you have not been given an opportunity to negotiate.
Please be advised that our letters dated 26th June, 15th August and 29th August were all sent in an effort to engage in negotiations with you.
We note your comment regarding your financial circumstances.
Although under civil law, our client does not need to take into account any mitigating factors, our client will consider the case in light of your representations on your debts, if you tell us in full about your financial position at this time.
You are required to complete the Financial Circumstances Form enclosed in full and return it to us within 21 days. You must in addition provide copies of all the debts, bills and financial arrangements you seek to rely upon in asking us to consider your claim for financial hardship. Please be assured that any information you provide will be stored in strict compliance with the Data Protection Act 1998 (ROI DPA 1988 and 2003), will remain confidential and will only be used in connection with this matter.
If you do not return the form within this time period, we will then advise our client to continue with the action against you in full.
If you do return the form, we shall take our client’s instructions and write to you again.
Throughout this email they continue to address me incorrectly and all i can think is that the man who copied my driving licence at the store has copied it incorrectly. I am thoroughly ashamed of my spontaneous actions and have not and will not done anything like this again and do not in any way condone my actions and the fact that i broke the law (all for a £2 umbrella!). But how do i proceed? Do i just ignore? without my proper name do they have a case?
Thanks :-)
M xxx
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