What happens with Civil Recovery
Your details and that of the incident will be passed to us (in accordance with the Data Protection Act 1998) by our clients because you were involved in an incident at their premises. The Police may or may not have been involved, - either does not prevent a civil claim. You may or may not have been given a Notice of Intended Civil Recovery by our client, - either does not prevent a civil claim.
As our client’s agent, all the details are checked to ensure the alleged incident of civil wrongdoing complies with relevant civil law and the core principles for civil recovery. Our first letter advises of when, where and in whose premises the incident occurred, how the civil liability has arisen and the amount of the claim. It details the options available to address the matter. A Q&A sheet is also included to assist.
Where there is straightforward denial of any wrongful action, a defense needs to be submitted outlining what happened on the day and why there was no theft/fraud, as it is not enough to just say, liability is denied. This is then investigated further and the parties advised of the other’s account. If your dispute has any basis of a Defense in law, the matter is not likely to proceed further.
Where there has been a “mistake” on your part, responsibility is still required as your actions created a sequence of events. Your actions reasonably led loss prevention personnel to believe that you intended to leave their premises without paying/deliberately returned incorrect items for a refund. The claim can be settled without an admission of liability if required.
Where there are mitigating factors involved such as financial pressures or health issues, these need to be evidenced along with a request for them to be considered. Although there is not a legal requirement to consider such factors, as ethical companies, businesses understand the challenges that individuals face and upon receipt of evidence such circumstances will be taken into some consideration.
Financial negotiations can be entered into by the parties to reach an amicable settlement. The ability to pay by monthly instalments or agree payment at a future date can also be arranged.
Often those involved in incidents are scared, ashamed, angry and/or upset. The claim is not ours, RLP provide a legal administration function for its clients. Our client is bringing its claim as a result of your actions. Our role is to assist where possible in obtaining an outcome for both parties that is mutually acceptable.
The pre –action stage of correspondence is to encourage the parties involved to engage with each other to try to resolve the matter without the need for Court action which should be the very last resort. The reason for this is to, prevent the costs increasing substantially for both parties, reduce stress and upset this inevitably will cause and prevent the matter becoming protracted and save valuable Court time. Where there is no real engagement by a party it may lead to costs sanctions against them should the matter proceed in Court.
If there is no communication, then nothing can be considered and our client’s account of the incident will be the only record held. Our clients’ recourse is then the legal process and all that it entails.