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Shaz1992

Employee Theft? TK Maxx - URGENT NOT MUCH TIME LEFT

style="text-align:center;"> Please note that this topic has not had any new posts for the last 286 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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I worked for TK Maxx and

 

 

was sacked due to an incident where a customer had come to my till with a jacket priced £39.99

and I had scanned the item and inputted into the system that the customer paid me when he did not

(Honestly don't know, I was in a world of my own).

 

Upon seeing a receipt come out of the register I become even more confused as I start to question why a receipt has come out

and whether or not the customer had paid me for the jacket,

but given the fact that the receipt had come out (I just take that as a sign that he must have paid me)

along with the fact that my manager was standing right beside me the whole time on the next till telling me to hurry up

(which made me even more nervous)

I decide to let the customer on his way, and after a while I had forgotten about this whole incident.

 

The next month I was sacked and

questioned about this incident by the Loss Prevention Department and

after seeing CCTV footage of the incident I accepted that CCTV footage does not lie but

I definitely did not do it on purpose (I know it sounds weird, but CCTV doesn't show what is going on inside a persons head).

 

The police were then called and

after being sent off to the police station where after hours of staying in a cell I was then questioned

again denied any purposeful wrongdoing, and at this point I was allowed to go home,

 

 

a couple days later I got a letter stating that "No Further Action" is to be taken.

 

After this I had forgotten about the whole incident and

 

 

several months later I got a letter from the Retail Loss Prevention stating that I owe £237.49 for Cost of goods not recovered,

Amount of time taken by personnel involved, Diverting client staff from normal duties

 

 

1 - WHAT IS MY BEST COURSE OF ACTION? IGNORE, PAY (LAST RESORT)

2 - SHOULD I REPLY DENYING LIABILITY (BUT COULD PAY FOR PRICE OF JACKET ONLY £39.99

3 - IS IT LIKELY TO GO TO COURT?

4 - COULD THEY ASK FOR MORE MONEY IN THE FUTURE?

5 - WHY WOULD I HAVE TO PAY FOR "DIVERTING CLIENT STAFF FROM NORMAL DUTIES" IT IS THEIR JOB RIGHT?

 

Any Question For Me?

 

Thanks Guys For Your Help

 

P.S One more thing I would like to point out is that

 

 

I was sacked for "Deliberate and serious misuse of cash handling procedures"

yet they can not prove that the incident was "deliberate"

plus the police proceeded with NFA

with rationale behind the decision including No Means Rae

 

So was the sacking lawful in the first place? (Keyword "DELIBERATE")

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Hi Shaz

 

Welcome to CAG

 

1 - WHAT IS MY BEST COURSE OF ACTION? IGNORE, PAY (LAST RESORT)

 

What you have received is a speculative invoice not a fine, your situation is different to other RLP posters here in that you are an employee. So the action TK Maxx could take is different. See what they do.

 

2 - SHOULD I REPLY DENYING LIABILITY (BUT COULD PAY FOR PRICE OF JACKET ONLY £39.99

 

If you haven't done anything wrong why do you want to pay for the jacket?

 

3 - IS IT LIKELY TO GO TO COURT?

 

There is a possibility in your specific circumstances (ex-emplyee), but only TK Maxx can take you to court, also the value of the goods is £40 so is less likely.

4 - COULD THEY ASK FOR MORE MONEY IN THE FUTURE?

 

No, unless you believe it to be a 'racket'.

 

5 - WHY WOULD I HAVE TO PAY FOR "DIVERTING CLIENT STAFF FROM NORMAL DUTIES" IT IS THEIR JOB RIGHT?

 

The costs are built into their business plan.

 

It is surprising that the police arrested you and you were held in cell's, but it is not surprising that they decided on 'no action'.

 

How long had you worked for TK Maxx?

 

Are they saying you knew the person who bought the jacket?


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Ok

 

1) Police decided no further action = NO CRIMINAL charges to worry about.

 

2) Civil Law would mean they would have to demonstrate LOSS which in this case would be the grand total of the jacket and court costs (Which would be minimal as it is a small claims action if it did go ahead) the Amount is less than the speculative invoice you have been sent.

 

3) To get a 51% chance and therefore win their argument they would have to present some evidence to say you knew the individual concerned or were otherwise involved with them. From what you say this is an accident and therefore unlikely to be able to on the balance of probabilities suggest you did. Therefore again, no way to counter the "Genuine mistake"

 

Ignore anything RLP send you. You only need to act if you receive a N1 claim form from Northampton. This means ignoring their "DCA" that will try to contact you. Simply put you do not owe RLP any money. Therefore there is no Debt. RLP have no claim to lodge so cannot take you to court. TKMaxx are unlikely to do so either. Their costs would not be covered by a small claims case for £40!


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In reply to Rebel11 I just want to make clear that although the whole incident was unintentional due to my silly mistake

I had let the customer leave with a £40 priced jacket which he did not pay for.

So I am willing to pay for the price of the jacket since TK Maxx lost out on that money because of my mistake.

 

In reply to your questions:

I was working in TK Maxx for a time period of about 7 months

 

YES they were accusing me of knowing the customer personally

 

Thanks for the quick reply btw

 

By the way "racket" LOL

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Hi and welcome to CAG

 

For this to have been a criminal offence, there had to be intent which is why the feds decided not to take any further action.

 

As said above TKMaxx 'could' take you to court for the costs of the jacket however I somehow doubt it. While your situation is different to a shoplifter, shoplifters do sometimes take far more than the value of this jacket and still no court action happens.

 

RLP like to send demands in the hope that those who are naive, pay up without questioning the rights of RLP to make this claim.

 

The ONLY people that can take court action is TKMaxx, not RLP OR their pet DCA of the day. Ensure that if court papers appear that you take immediate action but until then, expect the usual rubbish from RLP


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Thanks for the quick reply SabreSheep

 

I just have a couple more questions for you guys:

 

1. Am I right in saying it is unlikely this would go to court?

2. If it was to go to court then what is the worst that could happen?

3. Could anything of this end up on my credit check

4. Could any of this affect my employment chances in the future, I want to work in a bank?

5. Was the decision of firing me lawful as they could not provide evidence that the incident was deliberate ( though I was sacked for "DELIBERATE misuse of cash handling procedures"

 

Thanks Again

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1) Correct. NO CRIMINAL charges

2) You would be faced with paying the costs of any losses incurred by the claimant. (Jacket cost plus court costs which are minimal at small claims)

3) If you were taken to small claims and lost it would be registered as a CCJ. This only appears on your credit file if not paid within (28 days? not sure on the time)

4) Bar refusing to give a reference Unlikely.

5) Hard to say. You need 2 years continuous service to bring a claim anyway. Also they do not need proof. They only need to show they had a belief to justify their decision.

 

2,3, are very very unlikely to happen. Stop stressing and unless you receive a N1 CLAIM FORM from NORTHAMPTON get on with your life.


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OK, last set of questions I have,

 

1. Do you think it would be best to completely ignore RLP or should I send a one liner letter stating I am not liable for any of the costs (which is very common on this forum)

 

I want to make clear that I don't have much problem paying for the jacket (as although unintentional it was my fault) but I did offer to pay for it at the time and they didn't accept it (so am also thinking what's the point because they didn't accept it first time I offered)

 

2. If I receive an N1 Claim Form, what would this mean? I have been summoned to court?

 

I want to say that I really appreciate you guys taking the time out to help people with their problems

 

Thanks Again

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Your ex-employer would have to contact you and demand the payment for their loss on the jacket.

 

 

This is the cost to them and not the retail price so in reality we are looking at £20.

 

 

Then they must mitigate their losses so by not accepting your offer of payment at the time would sink their claim in a court.

 

 

All of this has to be done in a formal manner and they are not doing so. It is unlikely they will ever bother.

 

If they persist in claiming that you conspired to help with the theft of their property

they had better put some evidence forward to support that claim or change that tune.

 

However, RLP are not an honest organisation so they will say and do anything to get you to pay them the money which you do not owe to anyone,

least of all them.

Ignore them or write a simple letter saying that you deny that any debt to them or anyone they claim to represent.

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OK, last set of questions I have,

 

1. Do you think it would be best to completely ignore RLP or should I send a one liner letter stating I am not liable for any of the costs (which is very common on this forum)

 

I want to make clear that I don't have much problem paying for the jacket (as although unintentional it was my fault) but I did offer to pay for it at the time and they didn't accept it (so am also thinking what's the point because they didn't accept it first time I offered)

 

2. If I receive an N1 Claim Form, what would this mean? I have been summoned to court?

 

I want to say that I really appreciate you guys taking the time out to help people with their problems

 

Thanks Again

 

1: I think the general consensus is - if you write even a oneline, RLP will think you want to be their penpal for life and continue to communicate their silly demands. If you offered payment at the time, and it was refused - then they have no comeback now.

 

2: No, if you receive a claim form, all it means is that they have issued a claim. You will have the opportunity to submit a defence and tell your side of the story and put RLP to proof over their fiction.

 

If you do receive a claim form - which I doubt you will - you should let us know immediately.


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RLP have no legal basis to actually issue proceedings against you, as this would be entirely up to TK Max to initiate, so ignore their silly letters and store them next to the toilet should you run out of toilet roll at some juncture.

 

Anybody can issue a claim, I can issue a claim right now against my next door neighbour if I so wish, only at the point when you receive a genuine claim form (N1) from Northampton County Court Bulking Centre should you actually give this issue any attention, in any event returning here for advice on filing a defence, however I highly doubt any proceedings would be brought forward.

 

TK Max would have to demonstrate their losses (the actual value of the goods, not the retail price) in which they are seeking. Also TK Max would have to be the party issuing proceedings unless they delegated a solicitor firm to deal with this matter on their behalf. A silly debt collection agency or a silly company like RLP doesn't hold any rights to any alleged claim and therefore do not have any capacity to issue proceedings.

 

Any psuedo comments in regards to "seeking staff costs" and so forth can easily be dismissed. The staff who dealt with the matter (Loss Prevention) were actively engaged in their duties, not diverted. That's like the chief constable of the police force in question invoicing you for staff costs in regards to the time spent detaining you and questioning you, claiming they were "diverted from their duties" would be absolute rubbish.

 

You were not charged with a crime, neither were you found guilty in a court of law, therefore you are innocent of any allegations made against you. If there was strong evidence of wrong doing (fraud or theft) then you would be dealt with via the criminal justice system.

 

My advice is to ignore all correspondence from RLP and any debt collection agencies. Writing to them only encourages them to go mad with the red ink and capital letters and not to mention the irrelevant legal jargon and quotes to intimidate you, if they had a claim and could actually issue proceedings they wouldn't write to you every few days, they'd issue legal proceedings to recover any amount legally due, as would most people.

 

If you receive anything from TK Max or a solicitor acting on behalf of them, then come back for any advice and help, however, personally, there's more chance my car will transform into a Ferrari over night then that happening.

 

Stop worrying, look forward and get on with your life.

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Thanks for all the replies

I just wanted to ask:

 

1. One thing I didn't mention is that reading a lot on this forum I have noticed that RLP would usually send a letter out a couple days after the incident with the store, but in my specific case as the whole "theft" incident happened in January, why did they wait until June to send me the first letter? (Is this something I could use as a defence)

 

2. I just wanted to ask, out of the two which is more likely to happen either bailiffs would come to my house to seize my properties if I don't pay the fine or would have to go to court

 

RLP just sent me the third letter, so:

 

1: how many more before they leave me alone, this is taking over my life. I can't even focus on my studies

 

2. In the letter it states "the information we hold may now be passed to the police or other crime initiatives in the interest of preventing and detecting crime and may be available to members of a closed user group for employment screening. Please note, employment screening may only be conducted by your prior consent"

 

Firstly what does that mean and secondly what information do they have of me and where did they get it? TK Maxx? Do TK Maxx even know this is going on?

 

Thanks for all help.

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Ignore rlp. If tkmaxx was going to do something then the police would be involved.

 

The letter they sent is a standard one full of lies and misinformation


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Please read my comments in red

 

Thanks for all the replies

I just wanted to ask:

 

1. One thing I didn't mention is that reading a lot on this forum I have noticed that RLP would usually send a letter out a couple days after the incident with the store, but in my specific case as the whole "theft" incident happened in January, why did they wait until June to send me the first letter? (Is this something I could use as a defence)

 

Who knows what goes on in the minds of RLP. I wouldn't be overly worried about adding it to your defence as it is very unlikely to get that far

2. I just wanted to ask, out of the two which is more likely to happen either bailiffs would come to my house to seize my properties if I don't pay the fine or would have to go to court

 

Neither! A bailiff can only attend if you have already been to court, lost the case and failed to pay the sum awarded. Also this is not a fine and never will be. RLP do not do court as they have zero interest in doing so. They are just trying to stress you out enough that you capitulate to their silly demands.

RLP just sent me the third letter, so:

 

1: how many more before they leave me alone, this is taking over my life. I can't even focus on my studies

 

Once this fictitious amount gets passed on the their tame debt collector, you are almost near the end. The debt collector can do bugger all either

2. In the letter it states "the information we hold may now be passed to the police or other crime initiatives in the interest of preventing and detecting crime and may be available to members of a closed user group for employment screening. Please note, employment screening may only be conducted by your prior consent"

 

Firstly what does that mean and secondly what information do they have of me and where did they get it? TK Maxx? Do TK Maxx even know this is going on?

 

This alleged database that RLP hold contains names and addresses of suspected wrongdoers. It is not a record of criminals as the majority of the cases, the courts were not involved. I doubt many employers would risk accessing the database (even with your consent) because nothing has been proved against you.

 

It is likely that when this incident came to light, your details were passed over. Nothing unusual about that. I am beginning to wonder if the security staff get commission from RLP for every name they pass on

 

Thanks for all help.

 

I suspect you are wavering a little. the letter you have quoted is a standard template letter from RLP that means nothing.

 

As mentioned previously TKMaxx and ONLY TKMaxx can take court action. To date, I have yet to see any cases go that far.

 

Anything that RLP suggest 'may' happen can be taken with a very large pinch of salt.

 

Try to put this at the back of your mind if you can and if you need more (virtual) head slapping, we can oblige :madgrin:


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Nah am not wavering, I just wanted to make sure no bailiff would be coming to my house unexpectedly

 

But don't worry I ain't handing over one penny to RLP

 

Thanks Again

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Bailiffs will never happen for this.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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How many times have you been told. Get on with your life.

 

Only so many times we can all say it.

 

RLP HAVE NO POWER

DCA HAVE NO POWER

NO BALIFFS

NO DEBT EXISTS

IT IS NOT A FINE

 

You pay it, you get scammed!


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I know what u mean Sabre lol these repetitive questions must pee u off not my intention just this kinda thing has never happened to me before so I feel as though I need a lot of different peoples opinion so my apologies

 

And I also want to thank all you guys from saving me from getting ****med as at first I was not sure on what to do, but after all help received from all you members I can ensure that unless this goes to court where I will defend myself and the decision is made to pay up then I don't see myself handing anything over to RLP

 

Though I may be sending them a letter, could probably save some "wonga" and post it up here seeing as I know they may be keeping a close eye on this thread but... It's fine

 

Thanks Again Every1

Edited by Shaz1992

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Ignore them. Totally. The worst thing you can do is send RLP a letter. jackie will mark you as gullible and step up the harassment campaign.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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ignore them totally

 

 

end off

 

 

dx


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Hey guys. this thread was years ago. first off let me just say that i never paid RLP lol

 

unfortunately a couple days ago i got a call from County Collections Limited

 

they basically told me that I owe the £237.49 that I never paid before

 

before doing anything i wanted to ask all of you guys what I should do

 

you guys saved me before and im grateful for this site and all you people

 

an they actually do anything if i dont pay?

 

thanks guys

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Hi.

 

I doubt if County Collections can do anything to you, they sound like debt collectors. Is it possible to post up their letter with anything that could identify you removed please?

 

HB


Illegitimi non carborundum

 

 

 

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they actually never sent me a letter, they just phoned my house number asking to speak to me. i called them back just a while ago and they guy basically gave me the details of the usual. pay or it goes to court and stuff.

 

i was surprised too that they never sent me a letter about this

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If you have call blocking on your phone, use it.

 

County Collections have NO power over you so just ignore them. They are just another low life debt collection agency employed by RLP to chase you in the hope of a payday. Don't fall for all the guff they may spout. You could ring them and record the call just to catch them out. You have no obligation to tell them so long as you do not release the recording unedited to remove names but you can release a transcript but again, no names.


If you are asked to deal with any matter via private message, PLEASE report it.

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county collections are just another powerless DCA.

ignore


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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