Hello All

[Jill]

Hi,
just come across site while trying to find advice about shoplifting accusation, really stressed and worried. Would appreciate it if anyone could give me any advice.

[des8]

Re: Hello All

Hi and welcome to LB.
Feel free to post up
You will not be judged on this site, but will be supported.

[Jill]

Re: Hello All

Thank you and sorry if this is a bit long winded. I have just come across you after searching for advice on an incident that happened to me the other day that I'm really worried about, so would be extremely grateful for any advice.

I was in M&S with the intention of exchanging some goods I had purchased on the internet for a different size. I selected the items and took them into the fitting room to try. The sales assistant counted the items and gave me a ticket. I tried the items for exchange along with a couple of other items, I then left the fitting room, the assistant asked me how I had got on and I handed her back the unwanted items and took the items I did want back onto the shop floor with me.

I carried on browsing for a few minutes then the assistant from the fitting room approaches me and says that she believes that two of the items that I took in the fitting room hadn't been given back to her, which they hadn't because as she was aware I didn't give her all the items back. By this time a man appeared as well and I felt a bit confused by what was going on and a bit embarrassed because I felt other people were staring. They said they wanted to look through my bags, so I put the items in my hand from the changing room on the nearest rail to me and they led me to a lift, through store rooms where other staff were looking at me. It all made me feel really guilty but I knew I hadn't done anything and had receipts. They asked to look in my bag and pulled the items out with the receipt, they said that one of the items matched the receipt but one didn't.

They said that the swing, cardboard ticket had the correct item number but the sewn in label inside had a different item number and I had swapped tickets. I denied this but they didn't believe me and just kept repeating the question. They asked for something with my name and address on, so I gave them a bank statement, they also asked for a credit card. By this time I was getting really scared. Other staff were passing the door and looking in at me. Some of the people I am familiar with as I have been a regular shopper there for years and I felt really humiliated. They asked me about other shopping I had from another store for which I had the receipts .

I attempted to show them these but they weren't interested. The next thing another man appeared who looked like a manager. He looked a bit fierce and was very abrupt. He asked me the same question several times, I was getting even more worried and starting to panic. When I wouldn't say what he wanted me to, he changed his tactics and said that if I admitted changing the label that it wouldn't go any further and he wouldn't call the police. By this stage I just wanted to go home, I felt awful, so I then stupidly said I had changed the ticket to get out of there, but the manager just walked out the room and on his way out told the security guard to call the police! I couldn't believe it, I felt ill. It took about 45 minutes for the police to arrive, while waiting for them I was terrified. Scared about the implications, going to police station, my job, my family.

All sorts was going through my head. I didn't know how to react, what to say or do for the best, unsure of any of my rights. The police arrived, they didn't ask me anything, just the security staff. I was told I was under arrest and led back through the store, and outside to a police vehicle. I was so ashamed. The police had my shopping bags and checked my other shopping against the receipts, which were all valid.

The store kept the item relating to their accusations. I was given a fixed penalty, banned from all their stores and given a letter saying that their solicitor will write to me and I will have to pay a civil recovery charge. I came home a nervous wreck!

Now I have had a few days to think I am even more worried. The job I do and have been doing for 15 years requires an enhanced CRB every three years, will any of this show on it? Also how much is the civil recovery likely to cost? I have thought of nothing else but trying to clear my name but consider it impossible, I am already so stressed about it all. I paid the fine straight away in an attempt to make it all go away and because it also said on the back that it wasn't an admission of guilt. In hindsight there are several things I wish I had said and done differently but I was panicking and Would be so grateful for your advice.

[Amethyst]

Re: Hello All

Hi Jill, That sounds like an awful experience, I feel for you xx

Don't worry about the civil recovery charge - these have no basis in law so if you do receive something let us know and we'll help you deal with it.

You mentioned you were exchanging some things you had bought online, were those the items that were in your bag ready to exchange ? ( I think that's the only bit I'm not clear on)

It is awful that just because the lady at the changing room wasn't really paying attention when you gave her back the ticket and the items you didn't want you have had to go through all this.

Someone else will help with the CRB issue as I'm not sure what shows and what doesn't I'm afraid. It does sound like the Police didn't exactly act properly either.

Try not to worry, it's late so you might not get many replies until tomorrow now xxx

Sharon
xxx

[des8]

Re: Hello All

I suspect that M&S acted incorrectly if they took the items out of your bag, and then pressured you and questioned you without you being advised of your rights.
Also as you had not attempted to leave the store they had probably jumped the gun.
Others here will be able to advise more fully on that, as well as your concerns about enhanced DBS checks.

Regarding the Civil Recovery Claim, don't worry about that.
The store loss nothing and so have nothing to recover.
You may well receive a demand from an outfit called Retail Loss Prevention,(or similar), who will send ever increasing threatening letters dressed up in legalese to frighten you into paying
their trumped up charges.
We are quite used to seeing these demands, and the advice is to ignore. If you reply they take it as a sign of weakness and redouble their efforts.
If and when you receive such a letter come back here for support if you require it.

As we're going into the weekend now it might be a little while before you hear from other posters

[Jill]

Re: Hello All

Many thanks for your replies. Yes the items in my bag were purchased online but I was taking them back to the store with the intention to exchange for a different size or get a refund. The civil recovery letter they have given me mentions their solicitors who are called Drydenfairfax who apparently are writing to my home address to claim civil recovery charges from me. Will contact you for advice when this arrives, thanks again.

[Jill]

Re: Hello All

Actually another horrible thought is that will my information and description be shared with the other stores in the area and will I feel like I am being watched every time I visit town? Will the cvil recovery solicitor or the store where the incident happened be able to share my personal information with other parties?

[nemesis45]

Re: Hello All

Can you access any details of the items bought online and print them out?
If you can get these make a formal complaint to M&S as soon as possible.
RLP are not a law firm as Des as said just chancers out to make money.
If no goods owned by M&S left the premises there is no provable loss.
Dydens are a law firm with a core business of debt collection.

nem

[Jill]

Re: Hello All

Thank you for your advice, much appreciated. I actually had the online receipt with me. Of the items they were accusing me of taking , one corresponded to my receipt and the other item did also on the price label but they said the label which was sewn into the garment had a different item number on it, so their whole dispute with me was that I had changed the labels and it was not therefore the item on my receipt. It's very confusing I know, I struggled with what they were talking about at first. Also only just realised that they didn't actually show me the labels , they kept saying I had swapped labels which I denied several times before the manager came in and said if I admitted it they would just let me go and not call the police. I so desperately wanted it all to end that I said I had and then he just called the police anyway.

[nemesis45]

Re: Hello All

HI.

One wonders when your are supposed to have changed a "sewn in" label?

nem

[Amethyst]

Re: Hello All

lol, I think she's meant to have changed the swing label thus it didn't match with the sewn in garment label.

I agree with what Dec said earlier, get your online shopping receipt sorted out and write to M&S head office about the matter and ask them to re investigate - explain the effect/stress it has had on you and you were a regular customer prior etc. They might be able to check their stock of the same item that the codes match up on swings to sewn in labels etc.

[Jill]

Re: Hello All

HI.

One wonders when your are supposed to have changed a "sewn in" label?

nem

I know, the item was as I received it. I would never of even considered checking to see if item numbers on both tickets matched. Now it's been very unfortunate for me that they didn't otherwise I wouldn't be in this stupid mess. In hindsight I should of maintained my innocence because if I had they may of found it difficult to charge me with anything. I just keep going over the whole thing in my mind, it's a nightmare.

[Jill]

Re: Hello All

I will have a go at writing to head office, it has to be worth a try. Thank you.

[Jill]

Re: Hello All

Actually another horrible thought is that will my information and description be shared with the other stores in the area and will I feel like I am being watched every time I visit town? Will the cvil recovery solicitor or the store where the incident happened be able to share my personal information with other parties?

Just reposting this because I am really beating myself up about it. I know it sounds dramatic but since it happened I can think of anything else, making myself a bit ill, I'm so worried. Thinking I won't be able to visit my own town centre. Also is there anyway I can find out what information is being held and possibly distributed about me.

[Kati]

Re: Hello All

Just reposting this because I am really beating myself up about it. I know it sounds dramatic but since it happened I can think of anything else, making myself a bit ill, I'm so worried. Thinking I won't be able to visit my own town centre. Also is there anyway I can find out what information is being held and possibly distributed about me.

I don't think you need to worry too much about that [MENTION=61921]Jill[/MENTION], although if you really want to find out what info they hold on you an SAR request would work. It costs £10, and (IMO) is not worth it in your situation.

K x