TKMaxx civil recovery notice

[buggi1]

Hi all - I need some advise!

My stupid girlfriend swapped a price label in Tkmaxx and after paying for the goods (including other non swapped items) she was asked by two Tkmaxx employees (not security guards) to go to the store office where she was told that she was suspected of changing the price tags and she would be prosecuted. She was requested to produce an ID and give her personal details - name, address and date of birth, otherwise the police would be called. She only had her work ID on her and a credit card, these were taken from her into a different room - for her identity to be confirmed and checked over phone with their ID confirmation service. Once her identity and her address were established she was told that she was banned from all Tkmaxx stores for life and she had to sign this banning notice. She was also given a leaflet from RLP that informed her that she was to receive a notice of intended civil recovery. All the goods were then confiscated and she was given a refund for all she paid for. The whole thing was apparently over in about 10 minutes!

I don’t know what got into her, she has never done anything like this before, I’m angry and she is very embarrassed and upset about the whole incident! She should really know better at her age, she knows that she has to pay for her mistake, but I worry, after reading other similar post here, that RLP will try to charge her an extremely high amount for goods that cost around £20! I just wondered if anyone actually managed to negotiate with RLP to lower the cost of the fine and was successful in doing so.

Also she has just applied for a new job and is worried that RLP will share her personal data (that is what the notice says) with other commercial organizations and potential employers.

Thanks for any comments!

[labrat]

hmm can you scan the leaflet for us please, especially the part that says that the personal data is passed onto potential employers.

 

if you cant scan it if you can get to somewhere that will fax it for you i can get a fax number for you to send it to.

 

that leaflet could be quite usefull

[buggi1]

Sorry can't scan but my GF can fax it to you tomorrow morning -if I could have a fax number?

[raydetinu]

Ignore anything from RIP, they were not even involved! Doubt whether they will proceed to court TK or RLP, but you will probably get a few threatening letters. They have suffered no loss and time was minimal anyway.

[labrat]

fax number pm'd to you can i have permission to post the documents on here scrubbed of all personal details of course

[buggi1]

Thanks, will fax tomorrow. No probs to post the document - there were no personal details on it, she was only given the leaflet but didn't have to sign it and it was not addressed to her - it looks like it is for a general info.

[labrat]

thank you theres been several people intrested in this

[JonCris]

Including me;)

[labrat]

didnt need to worry about the FAO labrat thats my direct line

 

thank you for sending it ive asked a couple stores in the past and theyve refused point blank to let me have one

Edited June 29, 2009 by labrat

[JonCris]

labrat I'm not surprised they didn't:eek: - Can you send me a copy via my email with a brief statement of truth as to it's origins;)

[labrat]

will do, ive edited out of the post for the second sorry buggi, ive been advised :/

[buggi1]

was the poster any help labrat?

[labrat]

Brilliant buggi

[Lpi004]

Just out of interest, which Tk maxx store was it?

Also why on earth wouldn't you pay? That store will have signs up clearly stating that rlp is in operation. What your girlfriend did was commit a serious criminal act, namely fraud by false representation. Your girlfriend was very lucky not to have been arrested by the police, something that the retailer is still well within it's rights to report. Regardless of the legality of it, rlp does operate a vetting service for potential employers, if it was me and I did the crime, I'd pay the fine and thank my lucky stars I didn't have a criminal record to show for it.

Edited August 20, 2009 by Lpi004

[Guest Old_andrew2018]

Hi Lpi004

 

I looked at your reply, can these companies actually fine someone, if so its worrying don't you agree?

 

Andy

[labrat]

lpi004, yes it was a serious act, this however as it did not involve the police then this person has not been convicted

 

if retail loss is passing these details onto third parties (credit agencies, empolyers etc) as the person having commited fraud then this is incorrect and therefore an offence itself under the data protection act.

 

the other problem with retail loss is that they have been taking the details of many people who either made an honest mistake (which i know you wont beleave but i have seen it done by people), they have also been chasing people who have been cleared by police due to having genuine medical reasons for forgetfulness

 

until recently rlp have refused to accept that there is any medical case that causes people to be forgetful, infact it is only after alot of chasing by people on this site that they have updated the faq to reflect that this happens

[Lpi004]

Actually I am inclined to believe that there are people who are victims of circumstace. It's mainly for that reason that I risk posting on these forums at all. I just don't like it when people who are guilty (often by admission) of causing loss moan when they are expected to pay for it. As I've stated before, just because no police were involved at the time, doesn't mean they can't be later on. Assuming they had been involved and assuming your girlfrind had been lucky enough to be arrested for theft (of the difference in values) then you'd be paying the goverment £80 for what could be as little as 10 mind work for the officer.

The store incurred loss through your girlfriends actions and you should pay for it.

[Zamzara]

There is dubious at best legal basis for these private 'fines'. The presentation of the documents as official-looking may amount to fraud. Two wrongs don't make a right. Also, what you are implying about still involving the police if it isn't paid is close to blackmail.

[Guest Old_andrew2018]

Dont pay anything, why do I say that because you aren't liable.

[buggi1]

Just and update on this - we have received a letter from RLP requesting to pay £130. My girlfriend decided not to pay (probably much to your disagreement Lpi004) , however she wrote back to RLP requesting to provide a detailed breakdown and evidence of the costs and evidence of her wrong doings! This was nearly 2 months ago and we have not yet received a reply from them.

[Billybumpkins]

There is dubious at best legal basis for these private 'fines'. The presentation of the documents as official-looking may amount to fraud. Two wrongs don't make a right. Also, what you are implying about still involving the police if it isn't paid is close to blackmail.

 

 

This is not a private fine. It is a victim...the store, sueing a criminal for their losses. OK, i agree the store did have all the goods back, however, the suit is to cover losses of time for personnel or security staff to process this wrong doing.

 

The criminal, and let us be in no doubt, a crime was commited, was lucky that the police were not involved and should pay the costs as requested. Should this matter be taken to court, the amount ordered by a judge, could very easily be more than this particular settlement.

 

Don't be thinking that a company such as RLP are doing this for a laugh, I have seen them take some people to court and force them to sell their home to settle an outstanding bill from a crime. I would settle for a measily £150 against a day in court and appearing in the local rag.

[kiptower]

oh dear a "T***L" rearing above the counter top

 

they are doing it for profit and [causing problems] people via a legal loophole , because the public does not know the law,

 

RLP are no better than the person swapping the labels praying on people and [causing problems] money out of them

[MARTIN3030]

Site team aware.

[Billybumpkins]

oh dear a "T***L" rearing above the counter top

 

they are doing it for profit and [causing problems] people via a legal loophole , because the public does not know the law,

 

RLP are no better than the person swapping the labels praying on people and [causing problems] money out of them

 

 

So we can all swap labels and plead ignorance??

 

How can something that is legal, i.e. the law of tort, be a [problem]. Some of you guys really need to get real.

[Billybumpkins]

Site team aware.

 

 

What does this mean??