Me and Mother with Severe Short Term Memory Loss Banned from TK Maxx - RLP biting at me

[seanamarts]

Then that's what I shall do. As you can imagine being a 16-year old carer with no-one else in the home except for my mother as well as the pressures of school and all the extra time I've had to dedicate to my studies it's difficult to be able to find the time for all of this (having said that I have found more than enough time to post on here). Most days including Saturday's I'm in school until around 5.30pm, which is always a worry leaving my mother to stay at home on her own, I don't want to create a sob story but I then usually cook her food and get on the laptop to complete homework etc and of course for the last two days post on here. My time's been paying off with A and A* predicted GCSE's and I plan to pursue a career in Law in the future (I'm sure I shall aim to represent some victims of RLP as well).

 

Anyway, when I get a free day I'll try and get my cousin or someone to accompany me to the Citizens Advice Bureau. I'd possibly take my mother however it's difficult for her to get out of the house and sit around for long periods of time due to a back operation she had a few years ago which has resulted in her often walking with a cane which is yet another reason why I was appalled at the way they manhandled her on that day (the first day for months she was not on chemo, not on radiotherapy, not in hospital and well enough to be able to gather the confidence to go into town for some last minute Christmas shopping, and now this has completely ruined her enthusiasm for going to town etc).

 

Anyway, I'll go to the CAB as soon as I have the security footage and I will take with me all the documents, the letters, my responses everything and we'll see what we can work with. My plan as of now is to wait to receive the security footage, get some advice from CAB as well as make this public, take it to the press etc.

 

Im sure any mother would have you as a son, you are a credit to your mother. Im sure she is so proud of you.

 

You will certainly get what ever support you need from here and I think I am safe to say that includes many on here.

[RyanEllis]

Im sure any mother would have you as a son, you are a credit to your mother. Im sure she is so proud of you.

 

You will certainly get what ever support you need from here and I think I am safe to say that includes many on here.

 

Again thank you so much for your support and kind words, it is greatly appreciated by both of us

[Gbarbm]

Do you know what Ryan, I think you'll make a brilliant lawyer.

[RyanEllis]

Do you know what Ryan, I think you'll make a brilliant lawyer.

 

Thank you so much, means a lot to me

[davdel]

That was a deplorable way to treat anyone. I would look into the fact that the gloves were kept, and if you can get the reiept from your auntie, then I would look into taking the woman to court for theft.

[RyanEllis]

That was a deplorable way to treat anyone. I would look into the fact that the gloves were kept, and if you can get the reiept from your auntie, then I would look into taking the woman to court for theft.

 

That's a very good point, we completely forgot about that! We never even asked my mother's sister but I'll find out from her next time I see her and see if she does have the receipt, if she doesn't I'm sure she'll still go up there and play holy hell with them. Thanks so much for reminding me, they were expensive leather ones as well!

[davdel]

you are welcome good luck, I hope you get at least an apology.

[RyanEllis]

I've e-mailed TK Maxx requesting copies of the CCTV footage and this is how they responded:

 

Dear Ellis,

 

Thank you for your email.

 

I am afraid that we cannot release any details until a full investigate has been done. We ask for your patience and we will be in touch as soon as we have more information for you.

 

Thank you for your continued patience.

 

I doubt they even read the e-mail I sent requesting the DPA subject access request form for the CCTV footage. It looks like they probably don't even have the footage.

 

I've responded:

 

You have denied me access to something, as a member of the public, I know I have the full rights to. I am sick and tired of dealing with you and I want copies of the CCTV footage, otherwise I will just assume you have deleted them based on the fact that you found nothing to prove our guilt and say our story isn't the truth.

 

I would like you to take into consideration how bad it will be if I decide to take you to the press for all this mistreatment, and to a cancer suffering stroke victim who's worked all her life at that.

 

You will be getting a lot of bad publicity from this, and believe me, this isn't blackmail, blackmail is the endless letters I have received from RLP and if I receive one more I will hold you personally accountable.

 

Furthermore, if I receive one more e-mail blanking me, telling me that it's still being investigated I am going straight to the press. It has been over four months, long enough to investigate the matter so clearly you're just stalling as a way to intimidate us into admitting something we didn't do. I want a full and proper investigation into the matter, I want a full and detailed explanation as to why you feel the need to continually harass us even though it was clearly an accident due to my mother's memory loss and brain damage as suffered by the stroke which left her in a daze.

 

If you don't believe me, send me back another e-mail repeating the same thing over again and I'm phoning up The Sun. And I am serious.

Edited April 28, 2012 by RyanEllis

[davdel]

Hi Ryan,

I am not sure how RLP can assume that the help and information given to you or others, is unsuitable or unqualified. Legal information is available, and some of us actually try to find out information before passing it on. As they seem to think we are uninformed, I would like to point that when detaining someone, as with the police,REASONABLE FORCE are the watch words here. Members of the public and private security firms are liable to assualt charges, if more that reasonable force can be proved. difficult but factual. As you may or may not be aware, but in the past, officers of the law have been taken to task for using more than reasonable force.

[Surfer01]

They seem to be dragging it our a bit! By law they have to comply with the SAR and this would involve both tapes. I think they are on a loser with this one.

[davdel]

Hi Again Ryan,

As you are probably aware, you are entitled to the cctv and any documentation regarding you and your mother under the data protection act. You will however need authorisation from your mother for any thing regarding her, as you can only request documents and cctv relevant to you. So be sure you get the correct authorisation. I would advise a wittness if your mother signs, as they may use her memory loss as an excuse,not to release on her signature.

good luck your mum must be proud of you.

[maxxer]

Ryan,

 

From what you have written (in response to your dpa request), I'm actually really dissapointed in my former employer (who are definately reading this thread, a little birdie has told me...) For fobbing you off - although customer services dept aren't the sharpest tools in the box when it comes to loss prevention stuff - which is why the loss prevention department usually deals with it themselves, as they (should) know the laws etc.

 

Right - did you ever get a dpa form off them ?. If not, email the hell out of them till you do.

 

Get mum to sign a bit of paper allowing you to deal with her issues on her behalf (not sure of wording, sure some of the proper legal eagles on here will be able to word something).

 

If you haven't made a proper subject access request, then do so, NOW. Its only an offence for tk's not to reply or supply, if they've had a proper request. 'Demanding' the footage isn't enough. Get the legal bits right, and if they don't supply, then off to the data comissioner you can go.

 

I really can't believe that they haven't either investigated it yet, or haven't come to a conclusion, and offered you compensation, and a reasoning. If they really feel they are in the right, then they usually really back it up with statements, a long letter explaining everything, will send you the cctv etc.

 

If they are in the wrong, then why haven't they apologised, and made good their errors.

 

Knowing the lady who deals with this sort of complaint, I'm also really surprised she hasn't been in contact.

 

Keep updating us on how this is going - nomatter what you / mum did / didn't do, this should of been resolved one way or another by now.

 

Think I'm lucky to of got out when I did !

[Anus Horribilis]

If you haven't made a proper subject access request, then do so, NOW. Its only an offence for tk's not to reply or supply, if they've had a proper request. 'Demanding' the footage isn't enough. Get the legal bits right, and if they don't supply, then off to the data comissioner you can go.

 

Good advice. Serve a formal DPA request, signed by both of you. (http://www.ico.gov.uk/for_organisations/data_protection/the_guide/principle_6/access_to_personal_data.aspx) Demand both the cctv and copies of all documents relating to your case. State the legislation which requires them to provide the information,and the 40 day deadline, and enclose 2x £10 fee payments. Don't give them any excuses for delay, because they will be desperate to avoid you getting this data.

[citizenB]

Why would Ryan need to enclose 2 x £10.00 fees ? A copy of the CCTV should come as part of the overall SAR.

 

If they dont have it and have destroyed it then they might have some serious explaining to do, especially as they have been using that as a weapon against Ryan's Mother and that they would almost certainly require it for any court claim they were considering launching and which they have threatened.

[RyanEllis]

Hi guys, like citizenB just asked what's with the 2x£10 fees. I'm all for getting this footage but we're on a seriously low income here and £20, whilst maybe not seeming like a lot of money is still wrong to be paying when we did nothing wrong. I don't want to whine, and I'll find a way to pay up but I've requested a DPA form and they've refused me point blank. Also I haven't received a letter detailing why they think they're right etc, just letters saying the same thing over and over again, that they've spoken to staff who have denied our allegations and that the CCTV footage shows us talking or 'scheming' before leaving the store etc. Their lack of communication is ridiculous, it's been four months and all they can say is that they're still investigating and cannot allow us access to the CCTV footage, if it hasn't been deleted which is what I suspect based on RLP's description which is severely lacking in any sort of coherent detail and pretty much seems like it was from the point of view of a security guard's statement and full of assumptions rather than pointing out that we tried to conceal it or whatever, which we didn't and it does not.

[citizenB]

You only need to send one £10.00 fee for a DPA request.

 

Just list the items that you require and make sure to head your letter

 

FULL Data Subject Access Request

S7 Data Protection Act 1998

 

If you want to pop your draft up before sending, we can help you fine tune it.

 

 

[dx100uk]

it might also be interesting to see whos name is on destruction certificate

if there is one when they say its been destroyed?

 

dx

[RyanEllis]

Shall I literally just take that template, edit everything to fit us, print it off, get my mother to sign it, I'll sign it as a witness of her signature. What address do I send it off to, TK Maxx head office or the actual store itself?

[citizenB]

Shall I literally just take that template, edit everything to fit us, print it off, get my mother to sign it, I'll sign it as a witness of her signature. What address do I send it off to, TK Maxx head office or the actual store itself?

 

Is it RLP who are sending these letters/emails etc ? If so, I am thinking that you need to send it to them.

 

Hold off doing anything for the moment Ryan, let me get some feedback from the rest of the site team.

[RyanEllis]

Okay I'll hold on for the moment.

[Anus Horribilis]

Why would Ryan need to enclose 2 x £10.00 fees ? .

 

One for his request, and another for his mother's request. My concern is that if they only make a single request this will leave a loophole to exclude or withhold information on the other person.

[dx100uk]

IMHO these SAR's should go to the CEO of TKmaxx

 

get god involved , its getting serious

 

dx

[2Grumpy]

Is it RLP who are sending these letters/emails etc ? If so, I am thinking that you need to send it to them.

 

I would say that the DPA request has to go to TKMaxx - because it is their data. The OP's mother should sign. The OP could also sign to say that footage containing him can be supplied

 

Have RLP actually claimed (in writing) to have the CCTV? If so an additional request could be sent to them to get that.

I suspect that they don't have anything - which would turn very interesting if they have claimed in writing to have (not to have seen) a copy

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?170875-Data-protection-and-CCTV-your-rights

 

Ryan, Martin3030 made a stikky in respect of obtaining copies of CCTV footage, you might want to have a read of that..link above.

 

I am also advised that you need to provide information such time, date, description of person and type of clothing worn.

 

HTH