Accused of shoplifting in M&S

[Crystal Maze]

Hi I'm new here but have found it of enormous help so far!

Hoping you can help me. I was 'apprehended' in M&S last week by the security guy and asked to admit that I had an unpaid item. This took place at the customer services desk where I had gone to return 5 items all with valid receipts.

I was taken from there in full view of shoppers and staff and made to leave my purchases there. The guy kept saying that if I admitted it he wouldn't call the police. I didn't but said that I would go to the room to talk. I then had to return to the desk again in full view of everybody, collect all my purchases and go to the 'holding' room.

Once there he kept repeating that he wasn't the police but had been watching me. He then described my movements over the last hour which included entering the changing room where I had apparently switched an item, purchasing a coffee and buying some food shopping, all correct apart from the item switching.

I asked what item I was supposed to have switched but he couldn't/wouldn't tell me. He then went away and returned with two high value items (£45 each) which I had tried on but not the other items as they had been put back by staff.

As far as I could tell (bearing in mind that I was petrified by this time) I had exchanged a £45 item for a much lesser item costing £29.50 which I did not have a receipt for. I explained that it had been purchased over 4 weeks ago and I was seeeing if I could exchange for another item.After been made to give my address which I understand now I did not have to do I have been given notice of a life ban (although he said that I could apply in a couple of months to have it lifted!) unless I can prove that the item was mine.

I actually gave them the item as I was completely confused and just wanted to leave. He then accused me of changing my story even though I didn't have one and wouldn't allow me to speak until I told him to stop speaking over me. At this stage I am trying to prove that the item was mine and have given dates and stores where I may have purchased it.

After 7 days of not being able to sleep, losing weight and feeling under enormous stress I now couldn't care less whether I ever set foot in a branch of M&S after this incident. At no point did I attempt to leave the store with this 'unpaid' item and am still in shock really over what happened.

I suppose my question is whether or not the way in which I was treated was fair or called for and whether I should make a complaint to the Head Office about my treatment. I just now feel really angry at the way things were handled in a store that I have been shopping in for over 30 years (I am 64 years old!) Thanks for listening and any advice would be much appreciated.

[ostell]

Yes complain to management about the behaviour of this individual. As he was not able to offer any proof to substantiate his claim he was well out of order, even illegally detaining you.

[Crystal Maze]

Thanks for that and I will take that advice. At the moment I am trying to prove purchase but have drawn the line at providing copies of my bank statements. This rather creepy person indicated that he had been watching me and mentioned CCTV but I was never shown anything and nor did I sign anything. He also brought a female member of staff into the room who kept saying 'I don't know why he didn't call the police' which made me feel very intimidated. In fact I felt the whole episode intimidating and remain pretty much in a state of shock as well as just having to cancel my 5 day break (due to fly tomorrow) as I feel too shaken to go. The whole episode really has caused me so much stress that I thought at one point that I was going to die that's how bad it was. I am also considering asking for all information that they have about me (SAR?) but not entirely sure what this would prove.Should I have refused to go with him as I am beginning to think that I would have been better off doing that instead of being as he put it 'co-operative'. I told him that I wasn't being co-operative but had been terrified by the event and just wanted to get out of that store.

[Crystal Maze]

Further to my previous post I have now received a demand from the solicitors/debt collectors. It is for £85 for 'security' costs! Nothing for the 'stolen' item as they took that and said that I had to prove purchase. I've written to M&S with details of all dates and transactions but have neevr even received a reply. To be honest I now wouldn't ever set foot in M&S again if you paid me so totally not bothered about the five year ban. All I was concerned about wsa trying to prove purchase but having received this demand do I ignore it? I know that previous advice is to ignore but I just want this over and done with. Thanks for any advices!

[MIKE770]

you state solicitors//// doubt it who is the debt collector?

[Crystal Maze]

It's DWF Limited. I believe that they are solicitors that also act as civil recovery for M&S.The £85 is apparently a standard charge for the 'security' services at M&S although for the life of me I have no idea how they can charge me for doing what they are paid to do! I know that they are unable to issue any fines but just need to know what will happen if I ignore the letter. Thought about sending it back marked 'gone away'! I'd just like to get this out of the way before I put in a complaint about the whole thing (if I can even be bothered that is) Thanks for helping.

[MIKE770]

ok wait @OSTELL

[ostell]

Respond with the response that the security services were doing what they were paid to do and there has been no loss and therefore why are they trying to claim for the loss. Point them to the RLP Oxford case where RLP tried the same trick and got a spanking from the court for trying to claim security costs.

Point out that you have already sent a letter showing that the supposed "stolen" item was purchased several weeks previously but M & S have not deigned to reply. You consider that your detention was unlawful and without good cause or substantiating evidence and you would be looking to M&S for compensation for your terrible treatment at the hands of their "security" staff

[des8]

.....or just ignore them

[Crystal Maze]

Thanks both of you. I've written so many letters in my head already but also think ignoring them might be better as I've no intention of ever setting foot in M&S again. Quite liberating actually and much better shops around. Thanks for all your help and I'll let you know the outcome (if any).

[Crystal Maze]

Just another thought while I'm deciding what action to take. The odious security guy indicated that he had been watching me, no idea whether by CCTV or following me around, but would this be an invasion of privacy? Bearing in mind that I tried some clothes on and then sat and had a coffee and then done my food shopping over about 45 minutes. I then proceeded to the customer services desk to take back my receipted on line items when he decided to 'apprehend' me. He also implied that they have CCTV in the changing rooms which I'm pretty sure they wouldn't be allowed to do but if they did wouldn't this be a gross invasion of privacy? Just trying to get all my ammunition together and not leave them any wriggle room! All advices, thoughts etc. greatly appreciated.

[des8]

It is quite possible that M&S (and other stores) have CCTV in the changing rooms.

M&S have obtained the Surveillance Camera Commissioner's surveillance camera certification (https://www.gov.uk/government/news/m...-certification)
This means they adhere to the Surveillance Camera code of Practice which allows use in toilets or changing rooms, but only where there is a particularly serious problem that cannot be addressed by less intrusive means. (principle 2 of the code @ 3.2.1 (https://assets.publishing.service.go...actice_WEB.pdf)

[Crystal Maze]

Thanks for that and interesting reading. Quite concerning however that any old Joe Public employed by M&S as 'security' is able to spy on female shoppers in a state of undress at any time. Almost a free licence to be a peeping Tom or a legitimate pervert. I don't think that I will be using changing rooms again!

[mrlexus]

You were treated badly and the security guard was on a power trip. He cannot detain anyone if they don't leave the store with the item they "suspect" you have taken.

You cannot be detained at customer services for theft only if you're causing a scene (shouting etc.) I would most certainly make a formal complaint to the head office and ask them for a written statement on why the security guard singled you out and watched you in the store.

He didn't call the police because you didn't actually commit a crime and he detained you on false pretences plus you didn't leave the threshold of the store.

[des8]

Do be aware that if you do make a written complaint the most you will receive is an apology.
On the other hand it is most likely that M&S will also support the action of their security goon.
It is your word against his, and if he had reason to suspect you of committing theft he was entitled to question you.
You use emotive terms like "apprehend" and "taken...to holding room"...... he will say "questioned" and "asked to accompany me to a back room".
Not disputing your version, just pointing out possible response which is unlikely to give you any satisfaction.
I would stop fretting over the incident, ignore it and not waste any more time on it.

Also note that contrary to mrlexus one does not need to cross the stores threshold to be convicted of theft.
Section 1 of the Theft Act 1968 creates the offence of Theft and states that:
A person is guilty of Theft if he DISHONESTLY APPROPRIATES PROPERTY BELONGING TO ANOTHER with the INTENTION to PERMANENTLY DEPRIVE the other of it.

Selecting an item and then concealing it is not a socially acceptable method of selection in day to day shopping and is clearly a reason to infer an intention to steal .