2nd Letter received from RLP what next?

[Amethyst]

Re: 2nd Letter received from RLP what next?

Nice one thanks, see if he's more willing to communicate than our Dave.

[Tools]

Re: "nd Letter received from RLP what next?

Email sent to ACPO

Dear Sirs,

Following recent updates to the Department for Business, Innovation & Skills regarding "MISLEADING AND AGGRESSIVE COMMERCIAL PRACTICES – NEW PRIVATE RIGHTS FOR CONSUMERS" (see attached document, specifically paragraph 16 onwards) does ACPO approve of their inferred association with the company practices operated by RLP (Retail Loss Prevention) of Nottingham (see highlighted section in attachment 2).

We believe RLP to be using the good name of ACPO to mislead vulnerable consumers by inferring the support of their aggressive and clearly banned practices. I would be grateful if you could clear up any confusion I may have in this matter. If ACPO, as we suspect, does not support the actions of RLP, could you let me know what steps have been, or will be, taken to prevent RLP misleading consumers and sullying the good name of ACPO.

I look forward to your response and thank you in advance for your time.

Kind regards and support as always

[des8]

Re: 2nd Letter received from RLP what next?

As RLP refer to themselves as "Civil Recovery Specialists" I find it amusing to see in the same letter their threat to "pass to a specialist company which recovers debts".
Anything to rack up the threats

[Tools]

Re: "nd Letter received from RLP what next?

From the BIS Guidance

The banned practices
12. The 2008 Regulations list 31 commercial practices which are in all circumstances considered unfair, and lead to criminal liability (see Schedule 1). The new Regulations do not provide automatic remedies to consumers affected by banned practices but such practices will, in many circumstances, be in fact either misleading actions or aggressive practices. If so, the new rights would apply to these practices also.
13. In short a misleading practice might include false claims made by traders, for example that the trader is a member of a well-respected and trusted trade association when it is not, misleading product descriptions, such as false claims on the actual mileage of a second hand car, or being deliberately vague about the actual price of a good or service or hiding additional costs and charges from consumers.
14. Aggressive practices would be behaviour by the trader that significantly impairs the average consumer's freedom of choice or conduct. For example, a consumer takes their car to a mechanic and the mechanic does lots of extra work which the consumer had not requested. The mechanic then acts aggressively and refuses to return the car until the consumer pays for the extra work.

and

Consumer payments and “civil recovery”
16. The Regulations amend the definition of a “transactional decision” to expressly cover demands for payment from a consumer in full or partial settlement of the consumer’s liabilities or purported liabilities to the trader (see reg 2(1A) of the 2008 Regulations). This means that misleading and aggressive practices in respect of such demands would now clearly lead to both criminal sanctions (under the 2008 Regulations), as well as private redress (under the Regulations).
17. For example, so-called “civil recovery” where a consumer is accused of shoplifting, and is asked to pay a standard fixed fee to avoid prosecution, can fall in this category, is now clearly covered. The amended definition would also cover consumer payments associated with wheel-clamping, or demands for payment in respect of purported illegal downloads of digital content.

[concernedDad]

Re: 2nd Letter received from RLP what next?

Des, and anyone else...regarding the threat to 'pass to a specialist company that recovers debts' how can they threaten such action when the alleged debt is an arbitary figure they seem to have concocted? Also how can they claim it to be a debt? Initial responses to RLP from both Son and his fiancees have included the following line: 'Any liability to your client is denied'.

RLP are, or seem to be, feeding a great deal of confusion and misinformation within their correspondence.

[Amethyst]

Re: 2nd Letter received from RLP what next?

Did they respond to the first letter then? That may well be why they have continued getting letters. This last letter is saying 'as you have failed to respond'.

[Amethyst]

Re: 2nd Letter received from RLP what next?

Ahh yes sorry read back to the beginning, and there was a discussion over the Subject Access Request.

[des8]

Re: 2nd Letter received from RLP what next?

Des, and anyone else...regarding the threat to 'pass to a specialist company that recovers debts' how can they threaten such action when the alleged debt is an arbitary figure they seem to have concocted? Also how can they claim it to be a debt? Initial responses to RLP from both Son and his fiancees have included the following line: 'Any liability to your client is denied'.

RLP are, or seem to be, feeding a great deal of confusion and misinformation within their correspondence.

And that's how they operate, and so the advice is to ignore unless you receive a letter headed "Letter before claim" or actual court papers. Neither of which are likely.

[concernedDad]

Re: 2nd Letter received from RLP what next?

So, an update on the RLP saga.

RLP have continued harrassing for payment of their alleged 'client costs'. These have been ignored by my son and his fiancee.

They now have received a letter from BPO Collections Ltd. stating that they have been instructed to recover the 'outstanding liability'.

The letter, in the first paragraph syas '...which we understand is not disputed.'

RLP are fully aware that this amount is disputed and my son and his fiancee have written disputing the claim.

My question is how can they (RLP) dishonestly pass this on to a debt collection company without notifying them that the claim is disputed?

Do they write to the collection company and inform them it is a disputed liability?

Thanks all for taking time to read this.

[Kati]

Re: 2nd Letter received from RLP what next?

Do they write to the collection company and inform them it is a disputed liability?

- I would!!

[Tools]

Re: "nd Letter received from RLP what next?

I would also remind them of their obligations under paragraphs 16 & 17 of BIS's Misleading and aggressive practices – Guidance on new rights for consumers - see attached

Consumer payments and “civil recovery”
16. The Regulations amend the definition of a “transactional decision” to expressly cover demands for payment from a consumer in full or partial settlement of the consumer’s liabilities or purported liabilities to the trader (see reg 2(1A) of the 2008 Regulations). This means that misleading and aggressive practices in respect of such demands would now clearly lead to both criminal sanctions (under the 2008 Regulations), as well as private redress (under the Regulations).
17. For example, so-called “civil recovery” where a consumer is accused of shoplifting, and is asked to pay a standard fixed fee to avoid prosecution, can fall in this category, is now clearly covered. The amended definition would also cover consumer payments associated with wheel-clamping, or demands for payment in respect of purported illegal downloads of digital content.

[bluebottle]

Re: 2nd Letter received from RLP what next?

I would also consider serving a Cease and Desist Notice on the retailer putting them on notice that an injunction will be sought under Section 3, Protection from Harassment Act 1997, without further notice, if they do not restrain their agents forthwith.

Sometimes, it is better to deal with the organ grinder and not their monkey.

[des8]

Re: 2nd Letter received from RLP what next?

or they could continue to ignore until they receive a court claim (which will be never)
RLP are just ratcheting up the pressure by passing the alleged debt to an even lower life DCA.
If there was any chance of this going further RLP would have started proceedings already, not pass it over to someone else to apply pressure.
By all means write to all and sundry, but I wouldn't waste my time or postage costs.
File papers until they cease, then paper the smallest room with their missives and smile every time there's a flush :tinysmile_hmm_t2:

[Kati]

Re: 2nd Letter received from RLP what next?

or they could continue to ignore until they receive a court claim (which will be never)
RLP are just ratcheting up the pressure by passing the alleged debt to an even lower life DCA.
If there was any chance of this going further RLP would have started proceedings already, not pass it over to someone else to apply pressure.
By all means write to all and sundry, but I wouldn't waste my time or postage costs.
File papers until they cease, then paper the smallest room with their missives and smile every time there's a flush :tinysmile_hmm_t2:

Unless of course they can email (using a newly made email address)

[Amethyst]

Re: 2nd Letter received from RLP what next?

BPO Collections usually only write once or twice - then send it back to RLP.