Accused of refund fraud in t k maxx

[jood777]

Hi there - I was accused of refund fraud at a TKM store by security who said they had cctv evidence and called the police. I was arrested and eventually given a simple caution. The duty solicitor said to ignore any letters from RLP and not even bother opening their mail as I had not been charged with a criminal offence. Is this correct? Can I ignore their bullying letters?

I have read a lot about them on previous threads and do not want the hassle of a civil court case.

Any advice gratefully received.

p.s. I admitted to police that I had in fact returned a pillow with the pricetag and receipt of a more expensive 'filled product' bought on a previous shopping trip. Something I will certainly NEVER do again - whole process utterly demeaning and humiliating - convinced myself it wasn't stealing and that if the shop was happy to refund the item I was returning then it was ok = wrong!

[ScarletPimpernel]

The solicitor's advice was spot on in that you have not been charged with an offence so RLP don't really have any grounds for claiming damages.

 

However, whilst in the past we always advised people to ignore RLP, it may be that because of the huge amount of negative publicity they've received by their methods being outed in the media, they may try to get some default judgements to try to convince their clients that they actually do go to court.

 

So. it's up to you - you should certainly open and keep anything they send, but you can either ignore them or send a letter simply stating that you deny their claim on the basis that you have not been convicted of any offence.

[jood777]

Thank you ScarletPimpernel - I think you're probably right and that I should send a simple reply stating that the police did not charge me for any offence therefore why should they be asking for compensation?

Also does anyone know how long this 'company' keep hounding people? Should I ask a solicitor to get involved on my behalf?

Again, many thanks for any help with this.

[discoverylady]

doesnt a caution require you to admit guilt (apart from the fact that the OP said he did it).

 

What is a formal police caution then - is it not technically a conviction ?

 

If it isn't, why do they come up on CRB checks !!!!

 

Edit: aside from the caution / conviction bit, read the CAB report on RLP, and you will see that RLP dont like taking anyone to court

[jood777]

It wasn't a formal caution it was a simple caution and doesn't show up on CRB checks unless it's an enhanced check.

What does OP stand for?

[2Grumpy]

OP is the Original Poster (you in this thread)

[andydd]

Perosnally I would ignore anything from RLP, they would try to recover money from even if, no police were called, a caution was given, or you were arrested and charged.

 

So far RLP have not taken any cases to court and it is unlikley they would ever do so, whether or not you should write back with a denial is upto you.

 

The reality is you should only start to contemplate what to do if a court claim arrives through your door (which is rather unlikley). There are lots of good threads on here about RLP and a very good one that also discusses the CAB report into the tactics of RLP.

 

A question that does pop into my mind..why oh why..do so many people nick stuff from TK MAxx !!??..and it would appear get caught doing so !

 

Andy

[2Grumpy]

I think that it's a rather dubious practice for the store, having realised that you have managed to accidentally swap tags & brought the wrong receipt with you for a refund, to process the transaction & then involve the police & RLP

 

Mistakes do happen ...

 

Any comments that you made after the incident would have been made in the realisation of what must have inadvertently happened at home ...

 

Anyone might accept a police caution to get the matter over with, whether guilty or not, since miscarriages of justice do occur - things are never just black & white

 

Presuably there is nothing to recover. Since the matter has been concluded, RLP's involvement is unwarranted.

 

They will continue though, so one short, sharp letter denying any liability and that you will not reply to any further correspondence might be useful to point to in the future.

[jood777]

Thanks so much for all the help and advice - all comments duly noted and taken onboard.

TK Maxx leaves itself wide open to refund fraud as on the receipt for example, a pillow, will be 'filled item', so will a duvet, a mattress topper, cushion etc. Clothes will come up as 'womens top' regardless of what kind of top.

I certainly won't be going back there as too embarrassed, but they do seem to ask for it. (No excuse i know!).

[2Grumpy]

if you do send a letter, make it 2nd class but get a certificate of posting - thats all that you need for proof of posting

[jood777]

Will do - thanks again

[leo011]

Unlucky. I had a similar incident just recently, reported to the police and waiting for an outcome. jood777, the details are very similar. Can you tell what was the final outcome in your case and whether there are any longterm consequences.

[raydetinu]

to accept a police caution, you have to admit the alleged offence! othrwise they could prosecute, it is way of dealing with minor offences.

and from what I understand from senior judges consideration of these cases RLP are fully entitled to claim for their costs.

whether they proceed to court action and they are defended is entirely on an individual case by case basis.

[jood777]

Unlucky. I had a similar incident just recently, reported to the police and waiting for an outcome. jood777, the details are very similar. Can you tell what was the final outcome in your case and whether there are any longterm consequences.

 

Got given a caution and banned from all tk maxx stores - no great loss there.I didn't open the letter from RLP - just wrote ' no longer at this address - RTS' on the envelope and re-posted it.Didn't hear from them again.Good luck

[perplexity]

Got given a caution and banned from all tk maxx stores - no great loss there.I didn't open the letter from RLP - just wrote ' no longer at this address - RTS' on the envelope and re-posted it.Didn't hear from them again.Good luck

 

 

I hope you realise that "no longer at this address" is tantamount to fraud, a charge that would be easy enough to prove, in view of the public confession.

 

You should also be aware that notwithstanding the police caution, a private prosecution may still be allowed if the victim is not so satisfied by the caution.

[dione2284]

Leo011 how's it going with the similar incident? I am also involved in the same thing, I got caught on cctv on 2-3 occasions, I was told to come for a police interview but my solicitor advised me not to turn up, it's for £70 worth of returns, I am now awaiting the police coming to my door and I've to ask to be detained then to do a no comment interview, I'm bloody petrified, I cannot get on with my life because of this.

[newtothismalarkey]

What happened to you ? I have been detained for 4 hours for the same thing but the police didn't turn up, they let me go and said the police will be in touch. I have no idea what to expect now. Please don't judge me, I've been really depressed and on meds and this was a stupid crazy thing i did and convinced myself it was not a problem as they were getting more expensive stuff back - clean as a whistle and outstanding community member... just need advice on what comes next...

[ScarletPimpernel]

Whilst we don't condone theft, fraud or any criminal activity, we are not here to judge, and we certainly don't think that companies like RLP should either!