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My friends and I were Unjustly banned from Asda

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  • My friends and I were Unjustly banned from Asda

    Hi

    Am hoping someone can advise whether anything can be done. I and some friends are regular Asda shoppers. We do our main grocery shopping there and spend quite a lot but we also look for final markdowns a few evenings every week. Tonight 4 of us were banned in the most shocking and humiliating way. Two of my friends bought grapes that were marked down. The man doing the markdowns did it at the end of the aisle and shoppers took them from the shelf afterwards. On the way out my two friends were stopped. Security looked through their bags and found nothing wrong, so then honed in on the grapes saying they should not have them. One of them came to me and another friend who was putting things through the auto checkout trying to show the manager that my friend also had the same grapes at the same price but the manager and security man refused to look at them. Shortly afterwards I learned they had been banned. Sounds unbelievable and it is. They got marked down grapes for the same price as others, did not have them in their trolley or ask to have them marked down, but simply took them off the shelf when the markdown was done, as did others.

    I saw and heard some of this but did not know all the details until I left the store where they were waiting for me. My other friend and I paid for our groceries and went to walk out of the store when the security guy asked us to step aside to where the manager was standing. We were accused of theft and informed we were banned. We were totally shocked. Their reasoning was, my friend and I had both put a pie in our trolleys which was reduced. We later saw an Asda staff member doing final markdowns so took the pies to her and she did the final markdown. The security guy said if we had not had the pies in our trolleys someone else may have bought them at the first reduction price. He then added that since there was a CHANCE someone else might have bought them at a higher price it was theft. I questioned the logic, saying if there was only a chance someone else may have paid more, there was a chance they would not have and no certaintly about theft, which is what they accused my friend and I of doing. I took things very calmly despite being shocked but knew there was no reasoning with them. I got a refund on the pies as I would have choked on them after what happened. I told the manager that I realised there was no point arguing about his decision but said I just wanted to point out that I had picked up reduced pies fully intending to buy them at that price but that when I saw someone was doing final markdowns and saw people handing her things, I did the same. The manager said I could return to the store in 6 months and apply to be allowed back in. I told him I would prefer to give my money to another supermarket.

    This particular store gets some rough and pushy people grabbing the bargains. I see many of them doing things they shouldn't. This particular evening there was a mob around the chilled counter so I did not even attempt to try and get anything and yet these same pushy people who often caused trouble and injuries to other shoppers and had tons of stuff in their trolleys which they took to the final markdowns woman, walked out of the store without a problem. It seems like Asda picked on the most polite shoppers to ban. I have never stolen anything in my life. My friends and I are all polite and educated people. I do understand that if people take stuff around in trolleys and then get them marked down it prevents others from paying full price, but how often do people pay full price a couple of hours before store closure on sell by dates! Nonetheless I take on board them premise. However, the pies my friend and I had were already marked down. I believe that since they said there was only a chance someone else could have purchased the pies and no certainty, a warning would have been a more suitable option but not an immediate ban and being accused of theft.. My friends and I did not steal anything and our actions were hardly criminal.

    Is there any action we can take on this? I am just devasted by this and the fact this store is in walking distance of my home makes this ban very inconvenient. Any advice would be much appreciated.

    Thanks, fluffy
    Tags: None

  • #2
    Hi Fluffy

    I would go to the top.

    https://www.ceoemail.com/s.php?id=di...kets%20Limited

    See below
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      https://www.ceoemail.com/s.php?id=k-04144792
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        & use Resolver
        Solve your ASDA Complaints via Resolver, the independent tool endorsed by MoneySavingExpert. We'll help you escalate to Financial Ombudsman Service, CISAS or Optical Consumer Complaints Service if needed.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          You did absolutely nothing wrong , asking the shop if they want to mark the pie down, them agreeing by marking it down, and then you then paying for it, is not theft... you could have just put the pie ( or anything) back on the shelf and chosen not to buy it at any time at all before you checked out .... it could only be theft if you went and switched price labels yourself without the stores permission .... so yes, make a formal complaint to Asda.

          Was there any mention of civil recovery ?
          #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


          • #6
            Originally posted by charitynjw View Post
            & use Resolver
            No there was no mention of civil recovery. The labels were not switched. The pies had the first or second reduction label and then an asda staff member made the final reduction and handed them back to my friend, who then gave them to me. I called the consumer advice helpline today and they said there was no case for asda claiming theft when we paid for the items which had been legitimately marked down. They mentioned "invitation to treat" whereby the store offers goods and consumers pay for goods which forms a contract. Once the payment is made they cannot accuse someone of theft, but they did. I have never felt so humiliated or devastated. The shouting and accusations made by security staff were shocking. And we had done absolutely nothing to deserve such public humiliation. Some asda staff members who know us because we are regular shoppers came to speak to us, concerned about what happened. That was nice but it shows how many people are aware we were accused of being thieves. I intend to write a letter of complaint to asda head office and send it by signed for mail, giving them 14 days to respond and asking them if they are a member of any ADR scheme, so they will know we intend to take matters further if we do not get redress. Hopefully, this will produce results. They told us to get out or they would call the police. I was so shocked I didn't say anything but in hindsight I should have told them to do so, because the law says a thief cannot be apprehended until they leave the store with unpaid items, whereas we were still inside the store with items we had paid for..

            Comment


            • #7
              Whilst I concur wholeheartedly with all that has gone before, when you write to ASDA point out they are guilty of defamation, in that they impugned your reputation in public which would cause your standing to be lowered in the eyes of others.
              Whilst you might not wish to take action over that due to the cost and stress, you might require they publish an apology in store.

              And being a bit picky perhaps "the law says a thief cannot be apprehended until they leave the store with unpaid items" is incorrect .
              "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;" (Theft Act 1968) which means if a person picks an item and e,g, conceals it and intends to leave the store he can be charged with theft.

              Comment


              • #8
                Thanks for pointing out the law on theft. I had mistakenly believed people could only be apprehended if they left the store without making payment.

                I have written to Head Office stating what happened. I did make a point that my reputation and my friends' reputations were tarnished by their slanderous accusations and very public humiliation of us in the store. I asked for an apology by both the assistant manager and security guard. I told them if I did not receive a response within 14 days that I would take matters further. So far I have not received a response. They did not even attempt to look at our items or our receipts before accusing us of theft and banning us. We all paid for every item and can prove it.

                Comment


                • #9
                  I have no legal experience so can't directly help but just wanted to say I read your story and I find it outrageous that they can behave in that manner. I would hope their complaints procedure would resolve this but if not I would have thought the local newspaper might find such a story interesting and it would be one way to embarrass them.

                  Comment


                  • #10
                    Originally posted by OhNo View Post
                    I have no legal experience so can't directly help but just wanted to say I read your story and I find it outrageous that they can behave in that manner. I would hope their complaints procedure would resolve this but if not I would have thought the local newspaper might find such a story interesting and it would be one way to embarrass them.
                    Hi, thanks for your comments. Its almost 5 wks since it happened now and I still find it outrageous and hard to accept. If a store wants to ban someone they should not invent theft and then humiliate someone with a public accusation. I wrote to the Executive Office and to the CEO (two slightly different letters) on behalf of all four of us. I asked them to reply within 14 days. They have not replied. The Consumer Ombudsman has no power over stores like these so Asda can easily ignore them too with no consequences, plus the CO cannot be contacted until 8 weeks have passed. The problem with newspapers is, it would make more people aware that my friends and I have been accused of theft and we are mortified and embarrassed as it is, and don't want any publicity, which makes it easy for Asda to have such contempt for loyal customers. Am wondering what to do next as they should not just get away with this.

                    Comment


                    • #11
                      Because understandably you do not want the publicity, and initiating a claim for defamation is not viable, there is little else you can do that you have not done already.

                      Comment

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