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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying.
    • Indians, traditionally known as avid savers, are now stashing away less money and borrowing more.View the full article
    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
    • Hi LFI, Your knowledge in this area is greater than I could possibly hope to have and as such I appreciate your feedback. I'm not sure that I agree the reason why a barrister would say that, only to get new customers, I'm sure he must have had professional experience in this area that qualifies him to make that point. 🙂 In your point 1 you mention: 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver. I understand the point you are making but I was referring to when the keeper is also the driver and admits it later and only in this circumstance, but I understand what you are saying. I take on board the issues you raise in point 2. Is it possible that a PPC (claimant) could refer back to the case above as proof that the motorist should have appealed, like they refer back to other cases? Thanks once again for the feedback.
    • Well barristers would say that in the hope that motorists would go to them for advice -obviously paid advice.  The problem with appealing is at least twofold. 1] there is a real danger that some part of the appeal will point out that the person appealing [the keeper ] is also the driver.  And in a lot of cases the last thing the keeper wants when they are also the driver is that the parking company knows that. It makes it so much easier for them as the majority  of Judges do not accept that the keeper and the driver are the same person for obvious reasons. Often they are not the same person especially when it is a family car where the husband, wife and children are all insured to drive the same car. On top of that  just about every person who has a valid insurance policy is able to drive another person's vehicle. So there are many possibilities and it should be up to the parking company to prove it to some extent.  Most parking company's do not accept appeals under virtually any circumstances. But insist that you carry on and appeal to their so called impartial jury who are often anything but impartial. By turning down that second appeal, many motorists pay up because they don't know enough about PoFA to argue with those decisions which brings us to the second problem. 2] the major parking companies are mostly unscrupulous, lying cheating scrotes. So when you appeal and your reasons look as if they would have merit in Court, they then go about  concocting a Witness Statement to debunk that challenge. We feel that by leaving what we think are the strongest arguments to our Member's Witness Statements, it leaves insufficient time to be thwarted with their lies etc. And when the motorists defence is good enough to win, it should win regardless of when it is first produced.   
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Maxxer if you are found to have mismatching labels once will the security go back through your previous returns? I have done it once in error and it has been picked up but could have done it before as I buy a lot, remove labels and the sometimes reattach and return. Really worried reading this there will be a knock on my door.

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doesn't work like that TW2

and no-one can 'knock on your door'!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Im wondering if anyone can help me maybe Maxxer.

 

I took something back to TK Maxx a couple of weeks ago after putting labels back on it. I am a shopaholic (actually diagnosed with OCD) and constantly buy and then hide from my husband so I take the labels off and hang them up like they are not new. I then get buyers remorse and add the labels back on and return them.

 

I must have labeled something up wrong when I took it back as they challenged me on one item and wouldn't return it but did accept the other returns. I suffer from depression and my brain is constantly fuggy and ii just don't really know whats happened. Im sure it could have happened in the past as well because after an associate told me once when I said I wasn't sure if a label was correct that as long as something has roughly the right price and category ticket on it its fine, I haven't been particularly careful.

 

Overnight that night I developed paranoia that other items were labelled incorrectly so returned to the store the next morning to try and buy them back but non of the items were on the shelves. I am so scared after reading threads on here that they are being held for evidence and that they are going to come and arrest me because of something wrong and that they will be going back through all my returns checking them against CCTV and I may have made other mistakes.

 

Would the go back through all my returns? If so how long before they come and arrest me if there is an error?

 

I haven't eaten or slept in 2 weeks worrying about this.

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will they go back through all your returns? Probably not but they will be looking for a pattern from now on so get help for your addictive habits and that way you wont be needing to take stuff back.

Also, you must trust someone with your problems so ask yourself why cant you trust your husband? Depression is not causal for this behaviour so speak to your doctors about getting help for both

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Im wondering if anyone can help me maybe Maxxer.

 

I took something back to TK Maxx a couple of weeks ago after putting labels back on it. I am a shopaholic (actually diagnosed with OCD) and constantly buy and then hide from my husband so I take the labels off and hang them up like they are not new. I then get buyers remorse and add the labels back on and return them.

 

I must have labeled something up wrong when I took it back as they challenged me on one item and wouldn't return it but did accept the other returns. I suffer from depression and my brain is constantly fuggy and ii just don't really know whats happened. Im sure it could have happened in the past as well because after an associate told me once when I said I wasn't sure if a label was correct that as long as something has roughly the right price and category ticket on it its fine, I haven't been particularly careful.

 

Overnight that night I developed paranoia that other items were labelled incorrectly so returned to the store the next morning to try and buy them back but non of the items were on the shelves. I am so scared after reading threads on here that they are being held for evidence and that they are going to come and arrest me because of something wrong and that they will be going back through all my returns checking them against CCTV and I may have made other mistakes.

 

Would the go back through all my returns? If so how long before they come and arrest me if there is an error?

 

I haven't eaten or slept in 2 weeks worrying about this.

 

 

The reason you won’t of been able to find the other items I bet is because they are now neatly labelled, evidence bagged, and sat in the loss prevention evidence cabinet. Probably with a statement sat in a folder next to them.

 

Returning one item that is incorrect starts the ‘process’ of investigation.

 

As tk’s likes to say that their customers may have made an honest mistake with labels.

 

2 or more items means they will dig, and simply look at the cctv from your purchases and your refunds, and see if items match up. It’s not a difficult process, and if you paid by card, then all those purchases on that card going back months can be tracked.

 

The evidential test requires that tk’s have 2 or more physical garments or items returned and that they are both ‘wrong’ to show a pattern.

 

You only know how much you’ve returned. And how much of it is wrong.

 

We used to go into such detail as checking if the Kimble (plastic thread that attaches the ticket to the garment) was the correct one or if it was changed (showed intent - why would someone buy their own Kimble gun ...)

 

Same as refund info given during the refund - did oh always give your correct details and address / post code ?

 

If it’s more than the 2 items that have been spotted and retained, the likelihood is that the statement is written already, and they are waiting for you to go back in, where the security team will arrest you for fraud, and call in the police. It was Tk policy, and still is as far as I’m aware, to call police on every occasion of fraud.

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Thank you maxxer,

I am so worried that this has happened in error before.

 

I’m sure I will be arrested and I’m so terrified I’ll go to prison.

 

How far back will they look.

 

I hadn’t shopped in there for a while. I’m so messed up in my head and so I’ll I don’t know what I’m doing. At least I can expect to be arrested now.

 

I assume if I don’t go in they will send the police to my house?

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You wont go to prison. pretty much nobody ever does for shoplifting. Especially if theres an underlying medical issue.

 

Even prolific shoplifters get a slap on the wrist and a tiny fine.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Stop over thinking. Maxxer used to work there. Follow his advice and you'll be ok.

 

And stop thinking about prison. It isnt going to happen to you. Ever.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I have read on other threads he has posted on here that the police will come to your house.

 

It’s pretty simple. There’s only so many times you can make a ‘mistake’ refund before it looks like it’s a pattern. You haven’t said how many times you’ve returned stuff that isn’t what you purchased. If you can give us all some idea, we can make an educated guess as to what the future holds. If you were a serial returner, and everything was wrong, then yes, expect a door knock. You also didn’t answer about the using real name and address or not.

 

The more you defrauded tk’s, the more they are going to be interested in pushing this with the police. Some forces aren’t really interested, and if you never go back in a store, don’t persue it. Others are more interested and will do things like address checks and will apply to the bank for your details if you’ve used a card in store.

 

As I’ve said, only you know if you are a one time mistake maker, or if there is more to this than you are telling us.

 

You aren’t going to prison. Not on a first time offence, and unless you’ve purchased a new house off the back of any fraud, then you are safe.

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The problem I have is since the associate told me they were not bothered as long as the pricing pretty much matched up I was not hugely careful with putting the right tags back on so I have no idea how many tags are mixed up. I just tried to put tags on of the right kind of price. That’s why I’m so worried. I didn’t realise it was a big deal because a member of staff told me it wasnt!!

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Did you use your real name, address and post code details when asked for the refunds. ?

 

 

I have never, in 47 years ever given my address or postcode to a retailer to enable a refund.

They ask, I say no.

You do not require that information so please cite which law requires you to have that information.

They always back down

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I have never, in 47 years ever given my address or postcode to a retailer to enable a refund.

They ask, I say no.

You do not require that information so please cite which law requires you to have that information.

They always back down

 

Who said its law ?

 

In the context of the above case, giving a false name address etc, adds weight to the prosecutions case. Why would an honest person give false details in an honest refund. Also, in the above case, usually makes the police 'dig harder' to find out who this person is. Why would they lie, why would the give an old address, or incorrect name, if they are honest as the day was born.

 

Any more you want to hijack this thread with random questions ?

 

Yes

 

Although some may be my old name and address

 

 

And there's your problem.

 

I'm going to be honest, Unless you have recently moved, and recently got married, this simply looks bad.

 

You do know if you use a card, the printed card name now comes up on screen, don't you. Some retailers also print it on the card receipt. (a lot don't).

 

The cashier almost immediately knows you aren't giving the right name when they ask you, as its on the screen in front of them.

 

Being totally honest, If you have been giving false details for a while, I think this issue wont go away.

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I have recently moved and I still have cards in my old name.

In fact I have 3 names I use depending on if I’m in work or not

I haven’t given “dodgy” names.

 

 

Sometimes the staff don’t ask for name and address they just make it up!

I have had to offer my name and address to them but they have already put made up ones in.

 

 

If I purchase for my Mum then I use her address as o have to submit invoices for records for power of attorney.

 

If the worst comes to the worst I can evidence all of that.

I have 2 names I use at work and then the name I use outside of work.

All 3 come naturally for me to give.

I have 2 work email addresses in 2 names and also various documentation.

 

 

In terms of the depression, OCD and shopping addiction

I am having private treatment for all 3 I shall just have to see what happens now.

 

 

I am not a dishonest person and if mistakes have been made I have probably financially lost out not won on it so I have done nothing for gain.

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a huge number of stores ask for your personal details claiming it is so they can send you an email receipt for your purchase. I always refuse so if I have to take goods back I still wont give out a name and address. this gave rise to problems with B&Q once over a broken plumbing fitting that they refused to refund because I wouldnt give my name and address. I did eventually give my name and address but only on the letter before action after I ahd tried to sert the matter out including the CS people instructing the store to just obey the law and refund because it was obvious that I was going to be a pain if they didnt. I eventually got my refund from Head Office and the store manager lost his job. Now that isnt what I wanted as it would ahve been obvious that he was obeying some stupid instruction from higher up and he was more afraid of what they would say than worrying abotu whether consumer law was being obeyed.

Of course the real reason for obtaining the details is so they can tie the purchase record to an address and spam you to their hearts content and more importantly build up a massive database on customers shpooing habits, which if they were minded to can then sell on

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I do t think Maxxer was saying it was law I needed to give correct details just it added weight to allocations if the details were incorrect. Although what the purpose of deliberately giving false detailes when you are using your own card would be I don’t know. I wish TK maxx would get on with whatever they are going to do to me because this is making me more and more ill.

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I do t think Maxxer was saying it was law I needed to give correct details just it added weight to allocations if the details were incorrect. Although what the purpose of deliberately giving false detailes when you are using your own card would be I don’t know. I wish TK maxx would get on with whatever they are going to do to me because this is making me more and more ill.

 

It isn't "the law to give correct details" (well, it can be in certain situations, such as to the police where they have a statutory right to require them, but not to a shop).

 

It is the law not to make a false representation with dishonest intent to cause a loss to another.

The problem comes when false details were given, and it looks like they were given with dishonest intent, as part of a gaining a refund where one isn't due.

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