I was in tesco and was caught shoplifting.

I took a pen worth £5 which I put in my pocket.

I needed to write something but was talking to my wife and put it in my pocket without realising.

After we did our shopping the alarm went off and the security guards pulled us to the side.

I emptied my pockets and they saw the pen.

They asked for photo Id but I didn't have any.

Only thing I had was bank cards.

They said if I didn't produce photo I'd they would call the police.

I didn't have anything but they saw my tesco clubcard and took it away.

Then they asked me to confirm my name and address and date of birth.

They gave me a pre written letter notice of civil recovery compensation.

The police were not called.

Then the security guards let me take my shopping and allowed me to leave the store.

What will happen next?

Will the police be contacted?

Will I get a criminal record?

I've never ever done anything like this before.

I'm sick with worry.

Will my employers be notified?

I know it's been a short while, but any advice would be greatly received.

Hi Aaftab,

The guys who can probably best advise you aren't around right now.

I don't think the police will be involved as they weren't called at the time, and I'm sure they won't be notifying your employer.

You will probably get a letter from RLP or another organization who act for Tesco.

Hold on until tomorrow, and I'll keep an eye on your thread.

DD

First thing to do is to stop worrying!

Second thing is for you to develop a thick skin. Tesco operate a civil recovery scheme whereby your details will have been passed to a private company who will almost certainly write to you in the coming days to tell you that you 'must' pay an amount in compensation for your act of wrongdoing. They operate a matrix of charges whereby if the goods are worth less than £10 the charge is £X (used to be £85 or £92.50 - something along those lines I would have to check). They will tell you that the retailer is entitled to that money to cover the costs of security and time taken to process you during which staff were diverted from their normal duties, and that if you fail to pay, the retailer will have the option to pursue a CIVIL court claim for the full amount that your actions cost them.

Our advice is simple. DO NOT PAY THEM. Retail Loss Prevention Ltd have no power over you whatsoever, and they exist solely to try and extract money from people in your situation, of which most will go into their own pockets and not cover any 'security costs' whatsoever. The owner of this company has some very grandiose ideas of her own, and her company's self-importance, but the fact remains that they can do nothing at all. They are not the police, nor will the police be involved. Tesco had the opportunity to report the incident and ask for you to be dealt with by the police at the time and they chose not to do this. Why? Perhaps because the worst that would happen is that the Police would have given you an £80 fixed penalty, and RLP would have got nothing of that, whereas by dealing with you by way of Civil Recovery they have a 'chance' at least of getting a nice fat bonus.

When you receive the first letter, you should either ignore them, or send a simple response that states that you do not acknowledge any liability to either RLP or the client that they represent. You will get more letters, using increasing legal terminology - which is wildly inaccurate, misleading and used inappropriately - and (because they read this forum and match names or circumstances to cases), will tell you that they are aware that you have taken advice and have acknowledged your actions on that nasty Consumer Action Group website, where we know absolutely nothing and are not legally qualified, and are making matters worse for you. They will then get a debt collector to write to you in a final attempt to get you to pay up, and if you don't they will 'recommend to their client' that they proceed with a County Court claim for the full amount.

At that point, you will almost certainly hear nothing further - the reason being that only the retailer can take legal action, and they can claim ONLY for actual losses caused as a direct result of your actions. Think about it - the staff who apprehended you were doing the job which they are already paid to do - and in any case how many hours would it have taken at £10 per hour for their costs to add up to almost £100 anyway? The goods were recovered, so no loss there, and nobody was prevented from revenue generating activities, so no loss there. In short, Tesco would have a very tricky time in making a successful court claim, and the last time that RLP persuaded one of their clients to make such a claim, they lost the case in extremely embarrassing circumstances, which would make any sensible retailer run a mile at the suggestion of going to the same trouble - especially over a single incident and a £5 pen!

Your employer cannot be told about this, and the police will not be involved after the event, nor will this be recorded anywhere on your record. You are not likely to repeat this incident, so should simply get on with your life. Tesco will have banned you from their store, so I would shop elsewhere in future as they would be within their rights to ask you to leave.

To make it clear, we don't condone shoplifting (and your case could well be as you have described - an innocent mistake), but the correct way of dealing with this is through the police, and not through a private company whose sole aim is to generate profit. They are not interested in justice, or in innocent mistakes, just in making as much as possible from each case that they are given - it is that aspect that we disagree with wholeheartedly, and that is why you should not pay them a penny.

Thank you so much for the response.

The company that tesco are using are called Civil recovery Ltd, E49PT.

Don't know if that makes any difference.

I have always paid my fines straight away.

Ignoring their request for payment will be very difficult.

When they send reminders will the fine increase?

Thank you so much for the response. The company that tesco are using are called Civil recovery Ltd, E49PT. Don't know if that makes any difference. I have always paid my fines straight away. Ignoring their request for payment will be very difficult. When they send reminders will the fine increase?

It is NOT a fine. All they have sent you is an invoice for what they think is reasonable for the loss of their clients and to cover their costs.

Tesco did not make a loss, as the Pen was recovered. You made a genuine mistake putting the pen in your pocket and Tesco got the Pen back before you left the store. So there was no loss to Tesco.

Follow the advice from Sidewinder.

It is NOT a fine. All they have sent you is an invoice for what they think is reasonable for the loss of their clients and to cover their costs.

 

Tesco did not make a loss, as the Pen was recovered. You made a genuine mistake putting the pen in your pocket and Tesco got the Pen back before you left the store. So there was no loss to Tesco.

 

Follow the advice from Sidewinder.

Thank you for the response. The security guards didn't mention it at the time but have I been banned from all tescos?

Thank you for the response. The security guards didn't mention it at the time but have I been banned from all tescos?

No, I doubt it. You may not be able to use your Clubcard again.

Hi

If you were not issued a banning notice then you haven't been although they 'could' still do so.

I heartily concur with all of the above comments. CRS are just the same as RLP and DWF in that they send a few letters which get more desperate as they go. A debt collection agency may also become involved and you may get a solicitor letter. This matters not one bit.

When the letters turn up, read every line carefully as they will contain 'if', 'may', 'could'.

Only Tesco can take you to court and after a case last year where RLP got a mauling in court, Retailers are now loathe to go there.

So, in a nutshell, lots of letter but bu**er all they can do.

Oh yes,

If you choose to write a one liner to them their address in London is a mail forwarding service

145-157 ST JOHN STREET

LONDON

UNITED KINGDOM

EC1V 4PY

Thanks so much for the info. When I get the letter I will post up. I saw this letter which I may write to then.

Dear (signatory)

Thank you for your letter of xxx.

It appears you are non-compliant with civil procedure, in that you have failed to state a discernible case against me and you have failed to show me the documents on which you intend to rely. That is to say, your letter discloses no evidence and no case. Your letter also is not a Letter of Claim.

Until and unless you comply with civil procedure by providing a heading "Letter of Claim" AND disclose all the evidence on which you intend to rely AND disclose your legal case, as is required by civil procedure, I am not only unable to respond but quite unable to understand why you are making these demands.

Further, you make unlawful threats against me which as already explained fall outside of legal protection. I reserve my position as to whether I will pursue you, and/or your "client" (assuming it is true you act for them), in the criminal and civil jurisdictions.

Yours

xxxx

What you think?

Not that one. I think that is when a court case is threatened.

All you need to send is this:

"Any liability to either you or any company that you represent is denied"

Agreed. Do not send them anything at all at this stage. Why set out their case for them and engage in conversation?

A simple denial of liability is all you need and ONLY once you receive something which threatens action. CRS are part of TSS who provide the security guards for Tesco. They still have no rights to take action on Tesco's behalf.

Thank you again for the replies and information. It's been over a week and still not received a letter from civil recovery. Any idea how long they will take?

Could be a week, could be a month. It doesnt matter. The advice is still the same.

Hi guys. I received a letter from RLP. They want £90 which it reduced from £300-£400. The letter is 2 pages long. It mentions the usual facts about making payment with in 14 days, courts etc.

Is it worth writing a one liner to them yet?

Is your letter from Civil Recovery Ltd., or RLP?

Ignore them if you can as it makes them waste money on an envelope and stamp.

Ignore them if you can as it makes them waste money on an envelope and stamp.

Letter was from RLP

Follow the above advice. EIther ignore or send the one line letter. Then bin anything else jackie sends.

Follow the above advice. EIther ignore or send the one line letter. Then bin anything else jackie sends.

Hi guys. I took your advice and ignored the first letter. I got another letter today saying I have failed to comply and client is now in a position to issue proceedings against me and urges me to take legal independent advice. My information may be passed onto the police.

"Is in a position to issue proceedings " : yup, sounds scary but, I'm also in a position to issue proceedings against you, as much as you are in a position to issue proceedings against me : doesn't mean they have an arguable case!

Again "your information may be passed to the police" : again, may: not will.

Did she happen to mention something about Internet adice?

Scan and post up the letter - after removing all personal details - and we can compare it to the letters that others have had. I guarantee it will be identical to at least one of them, and not one person has ever had a court case or police involvement as a result.

" your information may be passed to the police" Yeah, I can imagine someone from RLP trotting down to the local cop shop and handing over a list of names and telling the desk sergeant "we have a list of names here of people who didnt actually steal anything but we want to scare them into paying us lots of money, will you get a constable to visit them and instruct them to pay up?" What I cannot imagine is the response from the desk sergeant.