• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Filed claim in Scotland after shoplifting accusation

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Filed claim in Scotland after shoplifting accusation

    After I left a shop I was followed by staff and wrongly accused of shoplifting.
    I filed a claim in Scotland after this wrongful shoplifting accusation under the Simple Procedure and I can attach a redacted version of my claim if required

    The respondent has submitted a defence and the judge has arranged a court management conference but I don't understand the following written clarification I've been ordered to provide below;

    'the respondent avers that the claimant denies that his claim is based on defamation. Does the claimant accept this? If not, why not and on what basis does the claimant say he is entitled to the sums claimed'

    Please can someone clarify what this means and how to respond

    Tags: None

  • #2
    Have you denied that your claim falls under the defamation act ? And if it doesn't, what does it fall under ?

    If it is a claim for defamation then it could only be brought in high court except by agreement between the parties - although Im not sure on the rules in respect of Scotland court system but I'd guess ( I'll look it up ) defamation needs to be ordinary cause rather than simple procedure. I suspect that is why the respondent is asking court the basis of the claim if not in defamation. Is the respondent based in England / Wales ?

    Yes your claim particulars might be useful here.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Originally posted by Amethyst View Post
      Have you denied that your claim falls under the defamation act ? And if it doesn't, what does it fall under ?

      If it is a claim for defamation then it could only be brought in high court except by agreement between the parties - although Im not sure on the rules in respect of Scotland court system but I'd guess ( I'll look it up ) defamation needs to be ordinary cause rather than simple procedure. I suspect that is why the respondent is asking court the basis of the claim if not in defamation. Is the respondent based in England / Wales ?

      Yes your claim particulars might be useful here.
      The respondent has shops in England and Scotland.

      Comment


      • #4
        The claim particulars are after I left the shop in Scotland and walked 30 metres to a bus stop. A shop assistant then approached me, accused me of shoplifting and demanded to look in my bag. I was embarrassed and ridiculed on a busy street in front of many people outside a bar. I refused to allow him to look in my bag and rang police as I felt there was racial discrimination occurring in this completely false accusation. The police turned up and after they confirmed I did not shoplift I made a complaint and accused the staff of racism so they then had to take a statement from him. I made a complaint at the shop the next day to the manager but they did not act on it and sat on it for 10 weeks. Then after meeting my MSP they then hastily investigated but then then sent an email to my MSP which contained inaccuracies exacerbated by their investigation being 10 weeks too late. They agreed that they had not followed the correct processes. They told my MSP they would provide CCTV if I paid £10. I paid them £10 but then they didn't provide it. I've spent much time in trying resolving this matter but they refused to discuss it with me or my MSP any further, use Strathclyde University Mediation Clinic or come to a satisfactory resolution

        Comment


        • #5
          I haven’t said my claim falls under the defamation act or in fact any other act. I didn’t realise I had to so it fell under a specific act. Based on my particulars what act does it fall under?

          Comment


          • #6
            Probably fall under Defamation ( re the accusation on the street ) but really there's no grounds for the claim. What resolution are you hoping for ? You haven't said in the claim what you are asking for- is it damages ? An apology ? Etc

            What happened with the police following your allegation of racism ?

            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Originally posted by Amethyst View Post
              Probably fall under Defamation ( re the accusation on the street ) but really there's no grounds for the claim. What resolution are you hoping for ? You haven't said in the claim what you are asking for- is it damages ? An apology ? Etc

              What happened with the police following your allegation of racism ?
              I'm hoping for damages and claiming in total @£200 for lost wages, money paid for CCTV footage, incidental expenses for internet, printing and travelling expenses, mental anguish and inconvenience. (so is it a personal injury claim in part?)

              I'm not pursuing anything for racial discrimination as it would be hard to prove and the police pressured me to drop the case

              Comment

              View our Terms and Conditions

              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

              Announcement

              Collapse
              1 of 2 < >

              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




              We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
              2 of 2 < >

              Support LegalBeagles


              Donate with PayPal button

              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

              See more
              See less

              Court Claim ?

              Guides and Letters
              Loading...



              Search and Compare fixed fee legal services and find a solicitor near you.

              Find a Law Firm


              Working...
              X