Caught shoplifting

[christina]

Re: Caught shoplifting

many thanks to all of you.

Blue Bottle,

I exchanged one product, bought 2 products, and also took 2 products which were not in good condition. when I brought back the "used" product, i was told based on personal hygiene, this was not returnable ( a face cream or hair product). I spoke to trading Standard about the type of unsealed and used product sold in the store but was told to show them the goods. I did took some pictures after the inccident in another of their branch.
It was the RLP's staff who stopped me and talked to me without the involvement of the shop staff. We talked for a bit outside the shop then I agreed to go back with them. The two purchased products were returned to me but I think I had back only one receipt.
The letter stated the amount they want is £137.50.
Shall I reply to ask for all copies of correspondence thhey sent?
Rgds

[bluebottle]

Re: Caught shoplifting

Do I detect a pattern emerging here , this is the second demand I have seen where they threaten to take action at an undisclosed time in the future, someone is playing amature psychologist i think, trying to ware people down with the threat of legal action hanging over their heads. Something really does need to be done.

D

I couldn't agree with you more, Davy. I have a gut-feeling RLP may well be heading for its just desserts.

[bluebottle]

Re: Caught shoplifting

Those are not RLP's staff. They are TK Maxx's own in-house security staff who are not SIA-registered. If TK Maxx have misrepresented a product, they cannot say it is not returnable. They are breaking the law by offering a product that they have falsely-described or given the impression that it was new stock when it was not.

I would ask RLP to provide you with copies of ALL correspondence TK Maxx provided to them in respect of the alleged incident. If they refuse, they are in breach of Civil Procedures Rules and it will not bode well for them and TK Maxx.

[christina]

Re: Caught shoplifting

Thanks, I shall send the letter. Do I do the SAR letter that you have advised others?

[CleverClogs]

Re: Caught shoplifting

Thanks, I shall send the letter. Do I do the SAR letter that you have advised others?

To whom would you make a Subject Access Request?

[bluebottle]

Re: Caught shoplifting

There is no requirement for you to make an SAR. RLP are making an allegation and, under Civil Procedures Rules, they are legally-obliged to provide you with ALL the alleged evidence they have, including any correspondence between them and TK Maxx. If they try claiming it is subject to "client confidentiality", the answer to that is "Crap. Produce it." They are not a legal practice and it is likely they do not have the luxury of "client confidentiality" under the circumstances. If they persist in being unco-operative, threatening them with legal action might bring them to their senses. An ex parte injunction against them and TK Maxx might make them realise they cannot do what they like and have to obey the law the same as everyone else.

[Guest]

Re: Caught shoplifting

Yes you would have to SAR the store anyway as there are the data controller.

Frankly my stance on this is the same as always, and that is either ignore or send them a letter stating that as far as you are concerned there is no cause of action and no significant consequential loss.

As much as I would like to see criminal sanction brought on an individual case, I think it most unlikely to succeed.

D

[bluebottle]

Re: Caught shoplifting

Yes you would have to SAR the store anyway as there are the data controller.

Frankly my stance on this is the same as always, and that is either ignore or send them a letter stating that as far as you are concerned there is no cause of action and no significant consequential loss.

As much as I would like to see criminal sanction brought on an individual case, I think it most unlikely to succeed.

D

There is nothing to prevent the DPP bringing proceedings against RLP and one or more of its retailer clients. There is nothing to prevent any of RLP's victims bringing a counter-action against RLP and its retailer clients. My gut-feeling is that RLP and its retailer clients would drop any alleged claim like the proverbial hot potato if challenged in that way.

[Guest]

Re: Caught shoplifting

There is nothing to prevent the DPP bringing proceedings against RLP and one or more of its retailer clients. There is nothing to prevent any of RLP's victims bringing a counter-action against RLP and its retailer clients. My gut-feeling is that RLP and its retailer clients would drop any alleged claim like the proverbial hot potato if challenged in that way.

I think they will drop there claim anyway, i would be extremely surprised if the DPP would get involved, they never have before BB have they.

Still no harm in trying.

D

[bluebottle]

Re: Caught shoplifting

I think they will drop there claim anyway, i would be extremely surprised if the DPP would get involved, they never have before BB have they.

Still no harm in trying.

D

Depends on what they have done and in how many cases.