Appalling Asda treatment

[Philsilvers]

So i was doing a bit of shopping and minding my own business in my local asda.
The next thing i know i am surrounded by 2 security guards the general manager of the store and a young lad.They began to tell me i must leave the store.I thought this was somekind of joke but they began to tell me i had threatened this young lad instore a few months back.I have never seen this lad in my life .He is adamant it was me but it wasn't.I told them all this is somekind of mix up and the lad is seriously mistaken but my pleas fell on deaf ears.I decided to Email customer services and explain this is somekind of mistake,Customer sevices responded saying they have spoken to the manager and i am barred.Now i am not bothered about going in Asda ever again in my life but the was they embarrassed me in a busy supermarket and trying to blame me for something i have not done has really got on my short and curlies.I am sorry this young lad was threatened but it was not me.Asda just don't want to listen to me .I have asked for dates and times this happened or if there are any of his co workers who witnessed this incident or maybe they have CCTV but all i am not getting anywhere.
What really winds me up is that i have 2 young daughters and they keep asking why i dont take them in Asda anymore.
Any advice would be brilliant
Thanks

[des8]

Hi and welcome.

whilst it must be tremendously galling for you I doubt there is much you can do.

Asda can ban you from their stores without any reason at all (so long as it is not on discrimination grounds) so there is nothing to be done there.

Regarding the young lad you could initiate a county court claim for defamation
You would need to show the statement::
was made to somebody other than yourself
has caused or would be likely to cause serious harm to your reputation (Defamation Act 2013, s 1(1)). ;
may expose you to contempt, disliking, hatred or ridicule;
may cause you to be shunned by society or avoided by people;
was clearly applicable to you.
If someone claims that a person has made defamatory statements about them, the onus is on the person who made the statements to prove that the statements are true.

On winning 'General damages’ are awarded with the aim of vindicating a claimant and compensating them for their lowered reputation and their injured feelings.

However it's probably not worth the hassle

[Philsilvers]

Hello and Thankyou for your reply and advice,it is much appreciated.I know what your saying about it not being worth the hassle.It has been quite a shock to me that somebody can just point the finger of blame at you for something that has nothing what so ever to do with you.
Then to top it off the manager of the store just basically kicks you out and barrs you from the store for good measure.I have emailed the CEO of Asda and explained my situation,somebody from Executive relatations (whatever that means) is looking into it for me.My worry is this young lad is just going to keep saying it was me who threatened him,either there is somebody who shops in the same Asda as me ,who looks very much like me or this lad is just crazy.There was people who live near me in the store at the time and witnessed this incident ,they do not know me very well but i am sure they now think i am some kind of thug who bullys young asda workers.If i didn't have two young kids who want to know why i don't take them in there no more i would just let it go.
Thankyou again

[des8]

Good luck with the Asda customer relations people.

I was cautioning against a court action for defamation for a number of reasons
1) cost of starting a case is 5% of the amount claimed, plus £1095.00 trial fee plus extra fees for any interim hearings, court orders or injunctions.
(Altho' I referred to a county court action, in practice it will be kicked upstairs to High Court, hence high costs)
2) If you lose you will have to pay the other sides costs, but if you win does the young lad have the assets to pay your damages and costs?
3) the publicity will only increase and spread knowledge of the incident beyond the few who may have witnessed it

[Philsilvers]

I will wait and see what customer relations have to say but i am not holding my breath.
You never know the real culprit might show his face again in there one day and the asda lot might realise the error that has been made.
I am just hoping this lookalike if he actually exists doesn't commit a more serious crime and i get fingered for that .Haha
Anyway thanks for the solid advice

[Philsilvers]

Asda replied today also I have only learnt today that the incident occurred outside the store.
They say more than one person raised concerns so i have asked if the other colleague can take a look at me.
Also they say statements were taken so i have asked for times and dates.

Here is the response

Thank you for your patience.

We have investigated and Simon the General Store Manager is confident with the decision made by his colleagues. With the incident happening outside of the store there is no CCTV footage available however security were made aware at the time.

I appreciate you feel this is a case of mistaken identity however as more than once colleague has raised concerns and statements have been taken we wouldn’t be looking to overturn the decision.

I understand this isn’t the response you were looking for and if there is anything else I can help you with please let me know.

Many thanks

Emma

[Amethyst]

Subject Access Request ?

Have they said yet the date that the 'incident' happened ? ( ie can you show you weren't anywhere near Asda at the time)

[Philsilvers]

Thankyou for your reply.
I have just emailed Asda asking if the police were called and the date and time this incident occurred.

Will a SAR request be relevant because asda didnt actually have any personal data about me?