I was given a formal police warning for shoplifting something worth £4 from a large department store. Although this matter is now over with in court, I am been chased by a debt collection agency say that owing to "civil recovery" coming from the department store I now owe £240. Surely this can not be right, and can not be real law. Are they being criminal to harrass me into paying this huge amount of money. Please help.
2007-09-20 09:18:42 · 5 answers · asked by Orphelia 6 in Politics & Government ➔ Law & Ethics
tell them, you dispute the amount, as thier costs are obviously unreasonable.
tell them to take it to small claims court.
CAN YOU PUBLISH HERE< FOR EVERYONE TO SEE> THE NAME OF THE STORE, AND NAME and ADDRESS OF COLLECTIONS AGENCY?
2007-09-20 09:32:34 · answer #1 · answered by TheHitcher 3 · 0⤊ 0⤋
A Criminal Prosecution (state against individual) can always give ride to a civil claim (individual v individual) although i must say its rare that a store bothers suing shoplifters
You have no defence im afraid..BUT
i would seriously be asking the court to take into account the charges that have been applied since the item was taken
£4.plus small actions claim is £39....so i would suggest the judge allow you to be sued without argument but politely query the £201 default charges
The courts are starting to look unfavourably at debt collecting agencies slapping on unreasonable charges
2007-09-20 10:23:41 · answer #2 · answered by stormydays 5 · 0⤊ 0⤋
Criminal prosection and civil prosecution are separate.
The govt (police, courts, etc.) prosecute for criminal matters.
However, the party who is injured -- whether from an auto accident, breach of contract, or theft/shoplifting -- can still bring a civil claim in court.
Generally, they can only recover the actual value of what was taken/lost/damaged -- plus court costs.
2007-09-20 09:29:29 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
Civil claims are designed to compensate the victims of conduct. At times, it is also used to engineer social behavior (see - FHA claims, anti-discrimination suits, etc). Criminal suits are designed to incapacitate dangerous people (lock them up so they can't hurt us), reform people, and discourage others/the criminal from committing crimes in the future.
2016-05-19 04:42:16 · answer #4 · answered by ? 3 · 0⤊ 0⤋
If you had not been shoplifting in the first place this would not have happend. Pay for things the same as everyone else. If you cannot afford it you cannot have it.
Criminal justice worker.
2007-09-22 22:03:55 · answer #5 · answered by ..:: 4NN3 MON D4H HOOPS::.. 2 · 0⤊ 2⤋