RLP after conviction

Warwick_Hunt

BF93 wrote: »

Unsure if this is the correct sub-forum or not.

My partner was dismissed from work in Dec 2016 for theft. The company has a revenue of £33bn, so it isn't as if it's a small business with an excruciating loss putting business at risk.
They had him say in statements that it totaled to over £22k (unsure if it was RLP or employer) but only £13k was documented on partners papers and only £60 on CCTV.

He wasn't released on any bail - nothing.

He missed his summoning due to moving cities and they never updated the system, so he handed himself in after he received a phone call and was then escorted to magistrates - plead no contest at his solicitors request, in March. The case was then sent to crown in April. Hearing finished early due to CPS not handing in enough sufficient evidence in theft amount, so they lowered the grand total to £15k. He had to plead guilty for £15k at his second crown hearing, the "team" fighting for the employer was happy with the results and was given a suspended sentence (18 months suspended for 2 years), 150 hours unpaid work and a victim surcharge.

Today (7 months after sentencing), my partner received a letter from RLP demanding the first original amount of £22k + fees, else it will be forwarded for court proceedings. I told him to contact his solicitor immediately but he was out of office.

Where will he/we stand with this?

In the dock.

stuartJo1989

BF93 wrote: »

Stuart - I thought the surcharge was a mandatory (courtesy) compensation towards the victim, along with a sentence.

Yea, I believe it is just a nominal fine in criminal court. Like a penalty.

I didn't think a company was able to claim compensation on top of that.

Well... I think you are thinking about this a bit back to front....

Your partner owes the 15k+ that he stole. Anything on top of that (ie the "victim surcharge" or additional fees) is the compensation.

I had a google about it and a few other forums state that RLP can't take things further than a DCA, only the company can claim compensation through the courts.

Yea, I'm no expert so hopefully another user can advise on here. Otherwise, speak to solicitor/lawyer.

There was nothing internal about it. It was theft of goods, so nothing in the books were manipulated, only he documented amounts he stole in a personal notebook. Stock checks weren't used due to having such random items in deliveries. He wasn't acting alone, there was 4 or 5 more colleagues involved but worked in two's. They were only dismissed with no further action although one did have a raid in which goods were retrieved.

Fair enough! Though I am just a third party (like a civil court) which hears that your partner owes 15k+ to the company (as advised by a criminal court).

If the additional costs are unjustified then I'd expect them to be discarded.

I trust that he won't steal again, merely for the fact he has lost family over the matter, I couldn't just let him go. He managed to get a new job after his sentencing (it was on hold in case) being completely open about his actions.

Well, I wish you all the best. Losing his family over this is a bit of a red flag and I'd be hopeful for your sake that he can turn a new leaf and re-build those bridges.

hollydays

BF93 wrote: »

Unsure if this is the correct sub-forum or not.

My partner was dismissed from work in Dec 2016 for theft. The company has a revenue of £33bn, so it isn't as if it's a small business with an excruciating loss putting business at risk.
They had him say in statements that it totaled to over £22k (unsure if it was RLP or employer) but only £13k was documented on partners papers and only £60 on CCTV.

He wasn't released on any bail - nothing.

He missed his summoning due to moving cities and they never updated the system, so he handed himself in after he received a phone call and was then escorted to magistrates - plead no contest at his solicitors request, in March. The case was then sent to crown in April. Hearing finished early due to CPS not handing in enough sufficient evidence in theft amount, so they lowered the grand total to £15k. He had to plead guilty for £15k at his second crown hearing, the "team" fighting for the employer was happy with the results and was given a suspended sentence (18 months suspended for 2 years), 150 hours unpaid work and a victim surcharge.

Today (7 months after sentencing), my partner received a letter from RLP demanding the first original amount of £22k + fees, else it will be forwarded for court proceedings. I told him to contact his solicitor immediately but he was out of office.

Where will he/we stand with this?

“ will be forwarded for court proceedings”.
You’ve already been to court several times.

neilmcl

BF93 wrote: »

My partner was dismissed from work in Dec 2016 for theft. The company has a revenue of £33bn, so it isn't as if it's a small business with an excruciating loss putting business at risk.

Don't you just love the attitude, typical.

ThumbRemote

neilmcl wrote: »

Don't you just love the attitude, typical.

Yes, but you're tolerated on these boards despite it.

neilmcl

ThumbRemote wrote: »

Yes, but you're tolerated on these boards despite it.

Who rattled your cage!

oldagetraveller

I have to agree with neilmcl, whether it was a small corner shop or multi million pounds business, the o.p.'s partner is still a thief.

Takeaway_Addict

BF93 wrote: »

Unsure if this is the correct sub-forum or not.

My partner was dismissed from work in Dec 2016 for theft. The company has a revenue of £33bn, so it isn't as if it's a small business with an excruciating loss putting business at risk.
They had him say in statements that it totaled to over £22k (unsure if it was RLP or employer) but only £13k was documented on partners papers and only £60 on CCTV.

He wasn't released on any bail - nothing.

He missed his summoning due to moving cities and they never updated the system, so he handed himself in after he received a phone call and was then escorted to magistrates - plead no contest at his solicitors request, in March. The case was then sent to crown in April. Hearing finished early due to CPS not handing in enough sufficient evidence in theft amount, so they lowered the grand total to £15k. He had to plead guilty for £15k at his second crown hearing, the "team" fighting for the employer was happy with the results and was given a suspended sentence (18 months suspended for 2 years), 150 hours unpaid work and a victim surcharge.

Today (7 months after sentencing), my partner received a letter from RLP demanding the first original amount of £22k + fees, else it will be forwarded for court proceedings. I told him to contact his solicitor immediately but he was out of office.

Where will he/we stand with this?

thats ok then........:cool:

[Deleted User]

At the end of the day he pleaded guilty and agreed in a statement that he had taken £22k.

Not exactly surprised that's what RLP are looking for.

You do see that a crime was committed, he stole a LOT of high value items and someone has to pay for them. Who do you think should pay for them the company's clients or the person who stole them, who has admitted stealing them.

If he can't come up with the requested amount, he will have to go to court (and pay court costs if he is working).

To be honest, given he was given such a low 'punishment', I am only too glad to see the justice system explored to the fullest extent. Well done to the company. I guess they feel the same way.

We aren't normally legally trained so can say no different. To be honest, your attitude is almost condoning his crime. Go to his solicitor, that's all you can do. No quick answers on here.

I am speaking from experience, rehabilitation is possible, but for a crime like this to seem ok to the guilty party (they allowed themselves to do this act), there is something very wrong with his thinking. And to be honest, with yours (i.e. trying to find any excuse to reduce his liability given what has happened in the process). What criminals don't see except on the surface of their mind (where they try to say the 'right things' but don't actually mean them) is everyone close to them suffers as well as the people they stole from. My ex did over years gradually change his way of thinking, but our relationship never really was right.

welshbookworm

So, the facts are
He pleaded guilty to stealing £15,000
He was given a suspended sentence (18 months suspended for 2 years), 150 hours unpaid work and a victim surcharge.
Now the company wants their money back at the first figure (£22,000 ) they said was stolen.
Did he think he could keep the money? Or am I missing something here.