Hi All ,

I was a bit silly and took some low value items from 2 stores and M&S yesterday. I was stopped on high street and asked to return to M&S, where they made me sign a Notice of Civil Recovery and Trespass and told to buy the products or they'd call Police.

I wanted to know if M&S representation stated in the document as: Drydensfairfax, was one of these RLP companies ? Should I expect letters from? If so just ignore them?

As far as I'm concerned I paid them back for what i wrongly took, and they let me go. They said they would notify the other 2 companies that I'd taken from and confiscated these items [mainly food].

The net value - not including M&S's, that I'd paid £30 for - was approx £90.00 so about £120 in total. If they pass my details to other companies, is that a breach of Data Protection?

The security "ranger" didn't call the police, should I expect Police to get involved further?

I'm not going to do the above again! I'd never taken from these stores before and have no record.

Hi and welcome to CAG.

Firstly, we (you) need to address the shoplifting. CAG does not, nor ever will condone shoplifting and you should try and find the reasons for your poor decision making.

Under the new GDP regulations, there is a get out by companies to pass on data for the prevention and detection of crime so I don't think any breach will help you.

As the police were not involved at the time, it's unlikely (but still possible) that the police will get involved.

Drydens are a debt collection company and as far as I am aware, do not do civil recovery. RLP are the main civil recover company. If you get a demand from anyone, let us know and we may be able to advise.

You are effectively banned from M&S so don't think about going there for a long time. 6 months to a year. By then they will have forgotten about you.

Drydensfairfax are solicitors, but they only do debt collection work. They do try it on with civil recovery, but without the same level of bullying and deceit as RLP. They may send a letter or two, but won't persist.

ALso, ignore them. You dont owe a single penny because they forced you to purchase the items, therefore they havent lost anything.

Also, when they forced you to pay for the items, did they allow you to keep them, or did they take them from you? Because if they didnt let you keep them after purchasing them, then they would be guilty of theft.

Bottom line IGNORE

ALso, ignore them. You dont owe a single penny because they forced you to purchase the items, therefore they havent lost anything.

 

Also, when they forced you to pay for the items, did they allow you to keep them, or did they take them from you? Because if they didnt let you keep them after purchasing them, then they would be guilty of theft.

Yea I got to keep the M&S bits. just wondering if there’s going to be a police action, guess this forums not really going to be able to advise on that though! Keep readin the police don’t investigate crimes of under £200 in value.

Were the police called on the day?

HB

Nope

Police would have been called on the day. Since you were made to pay for the items, they wouldnt have done anything anyway except tell you not to do it again.

And i dont know where you read about the £200 thing but its totally incorrect.

Thanks. I was more worried about if the police would be called in to investigate the other 2 stores I'd been to earlier in the day. I didn't give the LP the names but it was pretty obvious where else I'd been. They kept the items as well .

You still need to address what made you do this, starting with your GP. The next time you might find that the police are called.

HB

If you stole from 2 other stores that day, then you are extremely lucky that the police were not called.

Yep lucky! Not sure what might happen next now...

@honeybee13 "next time" - there won't be a next time !

The two other stores were my concern as well. None of us can know what will/will not happen. Chances are that they won't get involved. It just depends on the other stores policies. I'm afraid it's a case of wait and see.

What may happen is that M&S passed on your details to the other stores and those stores take civil action however this would be a bluff as they would need video evidence of you stealing.

see what the post brings in the next couple of weeks.

You need to sort out why you did this. Your GP has heard all the stories people have, more than once and may offer anti-depressants or counselling to help you understand why your actions happened.

This next bit is a bit of a lecture but it is relevant and not just aimed at you. It is aimed at first timers, not seasoned thieves.

Many shoplifters believe that shoplifting is a victimless crime. It's not!

If you throw a stone into water, you will see ripples. Transfer those ripples to people and you are the stone.

The stone affects the shoplifter first but then the ripple spreads out to include immediate family. They may not know what is going on but the will feel a change in you.

The next ripple is the extended family. What would the feel if they knew?

After that, the next ripple affects the community you live in. Imagine what they would do if the knew.

The next ripple and last one in this scenario is the affect it has on other shoppers. They pay extra at the tills to cover a stores 'losses' You have already paid many times over when doing normal shopping. If shoplifting stopped overnight, Prices should fall (but the stores may not do that as it's more profit to them)

Something to think about?

I’ve been prescribed anti depressants already this year, but I decided not to continue with them... They could easily have video evidence in fairness. If they start civil action what would happen? What should I do?

Doubt it

Never seen that happen TBH

I’ve been prescribed anti depressants already this year, but I decided not to continue with them... They could easily have video evidence in fairness. If they start civil action what would happen? What should I do?

Thats your choice, but wouldnt go in your favour if you got caught. But its unlikely anythign will happen, and if RLP or similar get involved, you can come back or ignore.

But you really need to stop stealing. If your caught again, theres a very high risk of being arrested and getting a record that will follow you for the rest of your life.

Berryrig999 said:

They could easily have video evidence in fairness. If they start civil action what would happen? What should I do?

If they had video evidence, the other stores would have stopped you on leaving. CCTV is only as good as the operator and to be sure an 'offence' has been committed they would need continuous footage of you stealing.

They follow the SCONE method

S-selection

C-concealment

O-observation

N-non payment

E- Exit

If followed 100% then security have grounds to detain. If not followed then they would be on sticky ground.

I would be inclined to go back to your GP. Some anti depressants can make things worse which is why there are different anti depressants out there. A case of finding the right one to help you.

Don't even worry about civil action. That would be highly unusual. There has been no court action since 2012 (this includes one store that started and then abandoned a claim)

Letters received are not part of the civil procedures even though they may imply something different.

I think you should have a read of this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?448994-RLP-FAQ-s.-What-do-they-mean-Reviewed-September-2015&p=4762870&viewfull=1#post4762870

and this one

https://www.consumeractiongroup.co.uk/forum/showthread.php?356933-Oxford-Retail-Loss-Prevention-A-Retailer-**-reveiwed-September-2015-**&p=3898857&viewfull=1#post3898857

Civil action wont be possible because they made you buy the stuff and that is called restorative justice.

trespass is a non starter for them, you are invited into a store and remain there until they chuck you out.

Only then do you become a trespasser.

As for the other shops, only they can take action, no-one can do it on their behalf so the most that can happen in that regard is you get put on a watch list if your local retailers group/forum have one.

the police will then get passed your details as intel but they wont do anything as the evidential trail is well and truly broken.

You know the rest you learn your lesson and thank your lucky starts that this is the end of the matter, even if you do get letters from Drydens or anyone else, they have no interest in the matter.

Had a letter from DWF saying I have 14 days to pay £85 for security fees. Should I ignore this now ?

what security fees? there are none!!

its a myth that the 'security' staff were diverted from their normal role 'to deal with YOU'

that's what they are paid for anyway!! regardless of what their 'role' happens to be.

and anyway..DWF are nothing to do with them and dont pay them, nor get paid by them.

anything you pay will go directly into DWF's pocket to either fund staff holidays or tonights drinks at the pub or to fund harassment for mythical fees to other mugs they try and fleece.

dx

Ok - ignore!

DWF are a firm of solicitors who just happen to do the civil recovery thing. They have absolutely no power at all over you. As far as I am aware, DWF acting (as solicitors) for M&S have never taken a case to court and neither have I heard of any case from other solicitors doing the same.

So I agree with DX. Ignore. DWF send around three letters and then drop it.

not only do you ignore it now you ignore any other letters you get of a similar nature.

they didnt take on an agency worker just to follow you around, their salary is what is called an establishment cost so they pay them regardless of what they do or dont do.

Nowt to do with DWF anyways, the truth is they are asking you to pay them for sending you a letter asking for the money.

Anyone can take this to its extreme so how about you pay me for sending you a letter but enclose a demand for responding to it.  We would both owe each other money then

Update had several letters from DWF looking for £85. Some of threats include : notifying my employed and requesting payment directs from my salary [ without mentioning employers name]. Sending Bailiffs. Court action. Increase in sum.

Not replying to any of this nonsense. Is it likely they’ll sell the “debt” to a debt factor agency... any suggestions...