I have been taken to the police station after being arrested in Tkmaxx 3
weeks ago by the offence “fraud by false representation”. I have been realised after receiving a simple caution, saying that ‘…committed fraud in that you dishonestly made a false representation, namely swapping price labels, intending to make a gain, namely returning goods for cash, for yourself...’
On the day of the incident, after I returned my purchase and left the till, two security guards approached and asked me to go with them. I didn’t even asked why as I was one of their regular customer for a several years, knowing almost each staff and been offered few times an extra discount from the managers or the supervisors for my loyalty. I have been taken to the security room. Firstly they accused me by shoplifting and when I refused this offence, they started to talk about my previous refunds on which they accused me with false representation. I didn’t deny. I said that the returning items are all bought from Tkmaxx but as they were past the 28 day refund policy (unworn/unused items from the past season), I swapped the barcodes with the new items that I bought this season. I do not say that I am innocent as I admit that I foolishly swapped the barcodes, but I didn’t steal anything or returned any items that doesn’t belonged to Tkmaxx.
After this long conversation they said they don’t believe me, that I lie and I do the refunds to make a gain. Although I repeat saying they must have the CCTV record and they are able to check it, they interrupt me by saying that they never sold such items. They also add that they need to call the police as this is a case for them. I may say that I was happy to see the police as I thought it would be an opportunity to explain myself. The surprise came out to end my hope at the moment when the police officers asked me to turn back in order to handcuff me and held in custody. I just wanted to die at the moment. 42 years old, never been arrested, didn’t even get any single traffic fine, now taken to the police station for a crime. I was extremely embarrassed, ashamed, stressed, astonished and mostly, worried about my children.
At the police station, I was now hardly hearing and trying to understand what was going on when the police officer asked me if I wish to contact my embassy (as am not British) and my solicitor. I was so frightened and felt under pressure as I wasn’t sure where this story was going on and if I might ever see my children again. After I saw the duty solicitor and being interrogated by the police officers, I was free to go with a simple caution and have been warned do not go again to Tkmaxx
I paid visit to my job to talk to my manager three days after being arrested and to explain openly the incident. I said I could resign and leave the company willingly if they want to. She said "no need, we know you" She was upset for me and encourage me to get legal advice to clear my name.
A week later I received a letter from RLP in which they are asking me to pay £417.47 (£219.97 for the losses and £197.50 for the contribution)
I visited the duty solicitor to to get legal advice, he told me to pay this amount. I was googling and trying to get more info about this issue and payed an other visit to the CAB. At CAB they told me to pay this amount in order do not be taking to the court. I called RLP to ask the breakdown and why I will be charged for such amount as Tkmaxx still kept the 3 items they I returned? (the items I returned are not even taken by the police for evidence) I told them that I will contact them later as I will get legal advice.
Long story short, can you please tell me
* if I really have to pay this amount?
*what will happen if I do not pay? can the Debt collector bring me a bailiff?
*Can Tkmaxx take me to the court for this unpaid sum?
*Can I be found guilty and jailed as I already get a simple caution?
thanks for reading and help...