Civil Recovery solutions claim

[wales01man]

Re: Civil Recovery solutions claim

If you go through a till with a trolley in most stores the checkout operator normally checks that everthing has been scanned its their job why should anyone pay these people bbecause the stores staff are not trainsed properley ,as for the OP providing evidence of innocence what a load of bull.

[bluebottle]

Re: Civil Recovery solutions claim

the store manager wasn't involved as the plain closed security guard said that they take care of all of the security for B&Q, and he felt that I had concealed the knife under other items on the trolley.

Oh really? And what evidence does he have to substantiate that one? It is what they can prove, not what they think or feel that matters. As for the store manager, he or she is ultimately responsible for what this security person says and does whilst on the premises - including behaving like a tit.

[sparkster]

Re: Civil Recovery solutions claim

I have had this letter delivered today

[EXC]

Re: Civil Recovery solutions claim

Where precisely did the security guard first apprehend you and did you deny trying to steal the knife?

Can you answer this please?

[sparkster]

Re: Civil Recovery solutions claim

If you go through a till with a trolley in most stores the checkout operator normally checks that everthing has been scanned its their job why should anyone pay these people bbecause the stores staff are not trainsed properley ,as for the OP providing evidence of innocence what a load of bull.

That's exactly what I said, also in my appeal letter to B&Q but I do feel guilty for not realising that she hadn't scanned it, and I did leave the checkout without paying for something, all be it a mistake.

[wales01man]

Re: Civil Recovery solutions claim

What did the reply when yu told them their till girl didnt scan it its her job to

[sparkster]

Re: Civil Recovery solutions claim

Can you answer this please?

as I was leaving the store, the guard just ask me if I could come back into the store, when I asked why he just said "the knife" with that I just said something like "S"*T she didn't scan it, but he just asked me to then come into the security room.

[bluebottle]

Re: Civil Recovery solutions claim

as I was leaving the store, the guard just ask me if I could come back into the store, when I asked why he just said "the knife" with that I just said something like "S"*T she didn't scan it, but he just asked me to then come into the security room.

They have absolutely no power to request you to go back into the store. In fact, if they try to use force in order to do so and you know yourself you have done nothing wrong, you are entitled to use as much reasonable force as it necessary to defend yourself.

[sparkster]

Re: Civil Recovery solutions claim

They have absolutely no power to request you to go back into the store. In fact, if they try to use force in order to do so and you know yourself you have done nothing wrong, you are entitled to use as much reasonable force as it necessary to defend yourself.

but technically I did leave the store without paying for something.

[sparkster]

Re: Civil Recovery solutions claim

What did the reply when yu told them their till girl didnt scan it its her job to

to be honest I don't know if I said that while in the office, as felt so bad I didn't want to aggravate the situation, but I did mention it in my appeal letter to B&Q of which I am waiting for a reply.

[bluebottle]

Re: Civil Recovery solutions claim

but technically I did leave the store without paying for something.

The law doesn't work like that, my friend. Leaving a store without paying for something does not, in itself, amount to Theft or Conversion. CRS and B & Q are, in my opinion, skating on thin ice, in the legal sense. Neither of them have proven any criminal or civil wrongdoing on your part. Unless they can, they are totally out of order. Also, it is for them to prove their case, not the other way round as their letters clearly imply.

[EXC]

Re: Civil Recovery solutions claim

If I were you I would reply to the letters as follows:


Dear Sirs

I refer to your letters of xxx and xxx in which you claim that I am somehow responsible for an unitemized compensation amount to B&Q for costs you claim they incurred as a result of my visit to the store.

I want to make it absolutely clear that I did not steal, attempt to steal or interfere with any goods in the B&Q store.

For the avoidance of doubt the check-out operative missed the £9.99 item among the other goods in the trolley that I paid for.

You may or may not be aware that the store called in the police who, after reviewing CCTV footage, decided that no offence had been committed and no further action was necessary.

As a result the ''investigation costs, security costs and administration costs'' you are claiming are entirely contrived and not capable of being a consequence of my actions. They are a consequence of B&Qs own actions for which they alone are responsible for.

[sparkster]

Re: Civil Recovery solutions claim

The law doesn't work like that, my friend. Leaving a store without paying for something does not, in itself, amount to Theft or Conversion. CRS and B & Q are, in my opinion, skating on thin ice, in the legal sense. Neither of them have proven any criminal or civil wrongdoing on your part. Unless they can, they are totally out of order. Also, it is for them to prove their case, not the other way round as their letters clearly imply.

what do you think I should do regarding this letters, baring in mind that their deadline is today regarding payment?

[bluebottle]

Re: Civil Recovery solutions claim

what do you think I should do regarding this letters, baring in mind that their deadline is today regarding payment?

Send them the letter EXC has drafted for you. It might be worth sending a copy to B & Q's head office. EXC will advise if this is advisable or not. What EXC has said in the draft letter is absolutely correct - B & Q incurred their alleged losses through the ineptitude and incompetence of their employees and contractors, which is what most CR claims are. Except in exceptional circumstances, you cannot make someone pay for losses caused by the ineptitude/incompetence of yourself or your employees, servants or agents.

[sparkster]

Re: Civil Recovery solutions claim

If I were you I would reply to the letters as follows:


Dear Sirs

I refer to your letters of xxx and xxx in which you claim that I am somehow responsible for an unitemized compensation amount to B&Q for costs you claim they incurred as a result of my visit to the store.

I want to make it absolutely clear that I did not steal, attempt to steal or interfere with any goods in the B&Q store.

For the avoidance of doubt the check-out operative missed the £9.99 item among the other goods in the trolley that I paid for.

You may or may not be aware that the store called in the police who, after reviewing CCTV footage, decided that no offence had been committed and no further action was necessary.

As a result the ''investigation costs, security costs and administration costs'' you are claiming are entirely contrived and not capable of being a consequence of my actions. They are a consequence of B&Qs own actions for which they alone are responsible for.

Although I would like to write a letter like that I feel that it would make matters worse and make them come at me more aggressively.