Debt Collection agency letters

[wjwren]

My step son got himself into some bother about Sept 2011 and shop lifted an item from a local supermarket. He went to court and got a fine. Afterwards he received a 'fine letter' from a loss prevention agency but ignored it. They never wrote back until today he received a Payment demand for around £170.
Any advice please?
He has since changed his ways and has been in a stable good job for the past 5 years.
thanks

[eybic]

It's within the legal timeframe for chasing money owed (6 years with no contact). How much was the original fine? Is it reasonable to expect that + some "admin" fees add up to £170?

He needs to pay it.

[wjwren]

the original fine by the court was about £145 off the top of my head.

[Amused2death]

Some stores operate a "civil recovery scheme" where they pass their costs/losses onto the person involved. This isn't the same as being fined in a court of law.

Might be worth seeing what it is your step-son has received?

[MitchT]

If he's genuinely changed his ways then he'll want a clean slate. If he never paid the fine then he doesn't yet have a clean slate. Tell him to pay it and then get on with the rest of his life.

[TooMany2cvs]

wjwren said:

My step son got himself into some bother about Sept 2011 and shop lifted an item from a local supermarket. He went to court and got a fine. Afterwards he received a 'fine letter' from a loss prevention agency but ignored it. They never wrote back until today he received a Payment demand for around £170.
Any advice please?
He has since changed his ways and has been in a stable good job for the past 5 years.
thanks

Advice? Pay it... It's clearly owed, and the quicker he sorts it, the quicker his credit record'll be mended.

[CaptainCosworth]

MitchT said:

If he's genuinely changed his ways then he'll want a clean slate. If he never paid the fine then he doesn't yet have a clean slate. Tell him to pay it and then get on with the rest of his life.

+1

[wjwren]

Id say the dent has been sold on to these guys from RLP?

[anonymous-user]

Unless I'm reading your post wrong, you're not being very clear as to what you want advice about. Seems pretty clear cut that if your son accepts he owes the money then he should pay it, if he doesn't then he should contest it. What's the specific question you're asking?

[wjwren]

Does he have to pay it - is there a time frame on these debts, are these people chancers and do they have any legal clout to enforce this debt?
Looking on other consumer websites they say do not pay these people.

I'm not trying to be pig headed with above just thinking aloud.

thanks

[eybic]

The "clout" they have is to harass with letters, phonecalls and knocks on the door. They are now owed the money and I guess you'll find out how keen they are to get it back.

If he hadn't been contacted for 6 years then he isn't legally obliged to pay it afaik, the "contact" can include a letter but yes he does need to pay it, especially as it's validity isn't being questioned.

[Lurking Lawyer]

wjwren said:

Does he have to pay it - is there a time frame on these debts, are these people chancers and do they have any legal clout to enforce this debt?
Looking on other consumer websites they say do not pay these people.

I'm not trying to be pig headed with above just thinking aloud.

thanks

It looks like it's a civil claim resulting in a money judgment since it refers to being pursued on behalf of Tesco.

Is it enforceable? If the judgment is not more than 6 years old, yes. On the face of it, since you refer to September 2011, it won't be out of time.

Consumer websites as a rule of thumb generally say not to pay debt collection agencies. That doesn't mean that the advice is right, in any given circumstances.

Contact the agency and ask them for details of the judgment in question. If it's not 6 years old, your step-son should pay it. If it is, it's up to your step-son whether he wants to properly wipe the slate claim or try to rely on a limitation defence to avoid having to pay.

[eybic]

Lurking Lawyer said:

Is it enforceable? If the judgment is not more than 6 years old, yes.

I thought it was 6 years since last contact? Is it 6 years since the debt was accrued?

[Lurking Lawyer]

eybic said:

I thought it was 6 years since last contact? Is it 6 years since the debt was accrued?

If there's a judgment, it's six years from the date of the judgment. I confess - I had assumed that there must be one in this case, but I suppose it doesn't necessarily follow. After six years, a judgment can only be enforced with permission of the court.

If no judgment, it's initially six years from the date the debt accrued. If there has been a subsequent acceptance of the debt by the debtor, that can reset the six year limitation clock.

It does reinforce the point that the OP should suggest to his step-son that he queries the amount claim and how it arises.

Edited by Lurking Lawyer on Tuesday 7th February 12:16

[Jonno02]

Think of it as idiot tax.

[KevinCamaroSS]

What you have not said is whether or not he paid the fine applied in court? Also, was the fine payable to the court, or to Tesco?

[wjwren]

the fine was to the court not Tesco.

thanks

[Cold]

wjwren said:

the fine was to the court not Tesco.

thanks

Has he paid the fine issued by the court? Is this letter requesting him to pay for the item he stole?

[TooMany2cvs]

wjwren said:

the fine was to the court not Tesco.

Did he pay the fine?
Did Tesco get their goods back, or incur costs? Has he paid them?

[kowalski655]

This demand isn't for the court fine,its for tescos "loss" in having to deal with his theft: admin and security guard time etc.
There is no mention of a court judgment for THAT. Their claim will be time barred after 6 years IIRC, unless he admits it later