Do I need a solicitor? - It is prudent to seek legal advice from a Solicitor or suitably qualified adviser especially if you have any difficulty understanding the claim, or are in any way unsure of your position. Please ensure any advice that you rely on is from a reliable, legally qualified source.
Legal advice - If you are in any doubt, or have any difficulty understanding the claim, you should seek legal advice from a Solicitor or suitably qualified adviser. It is your responsibility to understand your options and their implications. You may be entitled to free legal advice from a law firm with a Public Funding Franchise, or a law centre or other advice agency like the Citizen’s Advice Bureau (CAB). Some law firms offer a free initial consultation. You may have legal expenses cover on your home insurance.
Internet advice - There is much advice on the Internet about pretty much every topic imaginable. As this is a legal process with every case being different, so outcomes vary greatly, it is important to ensure any advice you depend on is from a reliable, legally qualified source as the only person this truly affects is you.
I’m not paying, take me to court - Why would you want that to be the outcome? It is not in your interests or our clients. Our client has advised that you were involved in a wrongful act, you need to clarify whether this is correct or not. If you provide a defence that is valid, then the matter is not likely to proceed further. If you have been involved in a wrongful act and liability is established, then the only debate in court is our client’s rights to each of its costs. The court process itself will increase costs and if our clients are successful, the outcome of a judgment has further implications for your future.
Provide proof that you are acting on behalf of your client - We act as an agent for out client and are not required to provide a letter of authorisation from our client as proof. We have received information and evidence relating to you and the incident directly from tour client which is sufficient to establish the relationship.
How can I get the store ban lifted? - It is our client’s prerogative if they wish to prevent you from entering their store. We are not instructed in relation to the ban from the store, which will remain in place for its duration. You may wish to write to the store’s manager should you wish to make any representations in this regard.
I opened a letter which was not addressed to me and I am upset and angry, you should have verified the details better - Whilst it is understandable to potentially feel upset or annoyed, the letter was not intended for you and really should not have been opened. Our address is on the envelope for mail to be returned. Sometimes, those involved in such incidents unfortunately use false addresses. It is not always possible to fully identify such matters in advance. Please make us aware and we can amend details and then carry out further identification checks on the individual.
You are harassing me
Neither this company nor any of our clients have any intention of causing alarm or distress or harassment to anybody. We have written in a polite and lawful manner advising of our client’s legitimate legal claim, which they are entitled to take, in order to protect their business interests and deter crime such as theft and fraud at their premises. There cannot be harassment where conduct is pursued for the purpose of preventing or detecting crime, under any enactment of law or to comply with the law, or where it is reasonable for the protection of another’s property. "Harassment" is defined in the Protection from Harassment Act 1997. If you are unsure of your position you should seek legal advice. Our clients wish to resolve this matter with you in as amicable a way as possible.
Why is some of the language and terminology used so legal, it makes the letter threatening?
It is not our intention, or that of our client for our letters to appear threatening. In order to be legally clear there are certain necessary elements that must be contained in our letters. We have to set out the legal basis for our clients claim, provide information on the incident and costs being claimed to enable you to respond. We also have to advise of potential future action.
What is the situation on juveniles?
Although criminal law sets the age younger, civil law says from the age of 14 a juvenile should be old enough to know the difference between right and wrong and be held responsible for their actions. The general principle is that parents are not responsible for the actions of their children, so parents cannot be sued or made to pay. They can be negligent if they fail to exercise reasonable parental control over their children. We have to write to the juvenile otherwise if we wrote to the parents it would be an infringement of the juvenile’s rights, (similar to that of doctor/patient confidentiality). RLP advises the juvenile to discuss the matter with their parents or guardian who can assist in their best interests. It is a fundamental principle of Data Protection to confer rights on the data subject. Juveniles have the same rights as adults under Article 8 of the Human Rights Act to respect for private and family life and in relation to correspondence. Disclosing sensitive personal data relating to a juvenile without consent or the grounds to do so would be a breach of their human rights, as well as their data protection rights. This needs to be balanced with the juvenile’s ability to understand their rights and consideration of the best interests of the juvenile.
Can another person contact you on my behalf? - If you instruct a Solicitor or legal adviser, we will correspond with them. If you wish a family member or a friend to contact us, we are not allowed to discuss your case without your consent due to your privacy being protected under Data Protection Act (DPA). You may provide your consent in writing, or by contacting us by telephone to give verbal consent, after completing security questions.
What if I need more time to respond? - This is no problem for valid reasons. Telephone to advise and the case will be put on hold for an agreed period of time. You will need to provide the reason for the delay (E.g. waiting for an appointment to see a Solicitor, you are going on holiday/going into hospital).
Language translation - Whilst there is no obligation to translate correspondence from another language, we will try to translate correspondence that is emailed to us. When requested we will email our correspondence, so that it can be translated into whatever language you wish. You are advised to seek assistance of a translator as we cannot be responsible for words which get lost in translation, in particular on legal points.
I am not happy with the way RLP has dealt with this incident - If you are not happy with the way your claim has been handled, you can follow our complaints procedure. You need to put your complaint in writing detailing each area of complaint. This letter needs to be addressed to: Head of Legal, Retail Loss Prevention Limited, and sent either by post to; PO Box 5413, Nottingham, NG7 2BJ, or by email to email@example.com. Upon receipt of your complaint, an investigation will be carried out by our head of Legal. If the matter can be resolved within 72 hours, then this will be done and a response will be sent to you. However, if the matter is unable to be dealt with within 72 hours, a letter of acknowledgement will be send to you, whilst the matter is an ongoing investigation.