Accused of shoplifting from Asda

[austin51]

A couple of weeks ago I went to purchase a chicken at an Asda store. I took the chicken from the shelf went to a self-service checkout, scanned it, bagged, put my debit card into the card reader and was about to enter my pin when I was approached by a security guard who accused me of concealing an item that I hadn't paid for. She then ordered me to open my jacket which I did. When she saw there was nothing concealed she said okay and walked away.

I went straight to the Store Manager who said sorry this had happened and that he would speak to the Security Guard. I then left the store in shock as I felt I was being dismissed.

I have since sent a complaint email to Customer Service, Head Office who a couple of emails later informed me it was believed I had concealed meat and the Security Guard had been given this information by a member of staff. I was also informed that I had not been accused of theft.

I have been offered a ten pound gift voucher by way of apology which I feel is an insult due to the embarrassment caused to myself as the store was very busy at the time.

Could anyone give me some legal advice in way of redress?

Austin

[enquirer]

Re: Accused of shoplifting from Asda

A couple of weeks ago I went to purchase a chicken at an Asda store. I took the chicken from the shelf went to a self-service checkout, scanned it, bagged, put my debit card into the card reader and was about to enter my pin when I was approached by a security guard who accused me of concealing an item that I hadn't paid for.

You were still instore and were actually in the process of paying.

She then ordered me to open my jacket which I did. When she saw there was nothing concealed she said okay and walked away.

You were searched in public? Did she at any time touch you?
Were you free to refuse and leave? Did you feel that you were not free to do so?
Did you feel that force would be used against you?

I have since sent a complaint email to Customer Service, Head Office who a couple of emails later informed me it was believed I had concealed meat and the Security Guard had been given this information by a member of staff. I was also informed that I had not been accused of theft.

You were accused of theft. The security guard did not act in accordance with either the law or the SIA's professional code of conduct (was she in house, or an outside contractor?).

Depending on your answers to the above, you may have a case for wrongful arrest, and possibly assault.

As there will now be a paper trail in which you are identified, if you felt inclined, you could hit them with a SAR (Subject Access Request) under the Data protection Act 1998, to see what scurrilous internal correspondence exists.

[austin51]

Re: Accused of shoplifting from Asda

She never touched me just ordered me to open my coat but I was surrounded by a number of other customers and wanted to confirm my innocence. I didn't feel like I could have refused anyway. I did feel threatened and felt that if I didn't comply further action would have been taken and the police would have been notified.

Thank you for this information. Do you know if a solicitor would take this case on?

[russelldash]

Re: Accused of shoplifting from Asda

write back to the store and explain your concern as you have hear
I am sure they will up it a bit well quite a lot Really Can not see you being the only one who has suffered this and most just except the pittance as no money to bring a claim

May be ask them what there 3 stage of complaint is or is the cockle an offer in full settlement :tinysmile_grin_t:

[russelldash]

Re: Accused of shoplifting from Asda

by the way Aldis is cheaper

:tinysmile_aha_t:

[russelldash]

Re: Accused of shoplifting from Asda

CockleCockle is Cockney slang for 10 pounds (tenner).

[russelldash]

Re: Accused of shoplifting from Asda

what you need Austin is a Monkey

Also Cockney Slang :doggieyes:

[bluebottle]

Re: Accused of shoplifting from Asda

ASDA's Customer Relations Department really does need to get real. What the security goon said constitutes an allegation of theft and, certainly, what they did was unlawful to say the least. If they are SIA-registered, the SIA should certainly consider withdrawing their licence. If they are an ASDA employee, then ASDA really does need to take this sort of incident seriously. Fobbing off customers they have treated in this manner with Ł10 gift vouchers is not the way to deal with it.

Enquirer's advice to hit ASDA with a Subject Access Request is good solid advice and this is your first step. Once that is received, you should be able to see what has been said about you internally. SARs are usually sought under Section 7, Data Protection Act 1998.

[enquirer]

Re: Accused of shoplifting from Asda

Do you know if a solicitor would take this case on?

It is unlikely to be worth involving a solicitor.

Your best course of action is to pursue it yourself via their Head Office. A stiff letter making the appropriate points should cause them to up their offer to a more acceptable level.

You might even observe in passing that should it be necessary to issue a claim against them, then you would - most regrettably - be unable to guarantee that there would be no adverse publicity.

[Mr $quandaŁot]

Re: Accused of shoplifting from Asda

You could escalate this to their parent company Walmart.

Their address is:

Cindy Davis, Executive Vice President, Global Customer Insights
702 SW 8th Street
Bentonville, AR 72716
USA
cindy.davis@walmart.com


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