ASDA Ban and University/Employment Problems

[Lozarian]

Hello everyone, i am currently in a very worried state.

 

Today i was banned from asda for shoplifting. They took me to a quiet room on the side with CCTV which they said took my picture.

 

No Police were called, they simply made me sign a form stating that i was banned from all ASDA stores.

 

They took my student ID and i assume they wrote down some details from it, and told me that my university would be notified of what had happened.

 

The goods were returned to the shop and i offered to pay for them anyways, which the manager declined. I remained very appologetic and cooperative during the whole ordeal. The total item value was £13. For which i only paid £0.70 at the self checkout by falsely weighing it as a different item. The £0.70 was obviously not refunded to me.

 

I am now very worried of the following:

 

-That i will be expelled from my university course.

 

-That it will have an impact on future employment due to criminal record.

 

-Will i be fined (by the RLP according to other articles here?). They asked me for my address but i only gave them a basic street of the student flats where i am living now. They said that it wasn't showing up, i then gave them the postcode for the area which i am unsure the lad even attempted to write down, and it is a pretty large area that the postcode covers. So overall, i am somewhat positive that they dont have my address.

 

I have learnt my lesson and i will never again do anything like this in my life. I am absolutely terrified. I would appreciate any advice or counsel that anyone here could provide. Thank you.

 

EDIT: I have just read that ASDA uses a company called Drydens for their civil recoveries, but i am still unsure if it will apply to me?

Edited December 28, 2014 by Lozarian

[rebel11]

Hi Lozarian

 

Welcome to CAG

 

Firstly clam down. All that is likely to happen is that Drydens will send you a load of speculative invoices. Under Data Protection rules they can't inform your university as that would be a breach of the Data Protection Principles. You won't have a criminal record as you haven't been arrested and processed through the legal system. When receive the speculative invoices just file them away. Update this thread.

Edited December 28, 2014 by rebel11
replaced name

[Lozarian]

Hi Lozarian

 

Welcome to CAG

 

Firstly clam down. All that is likely to happen is that RLP will send you a load of speculative invoices. Under Data Protection rules they can't inform your university as that would be a breach of the Data Protection Principles. You won't have a criminal record as you haven't been arrested and processed through the legal system. When receive the speculative invoices just file them away. Update this thread.

 

The manager repeated 3 or more times that they would be informing my university, and said that this was their company policy and how they handled every similar case. And that is would be the same if it was my employer, instead of an educational establishment like in this case.

[aburobert]

As above. There is nothing that will happen to you except the recovery people may try and screw you with some kind of penalty notice which you can safely ignore - or if they are worrying you post them up here minus your personal details. As has been indicated the only way you can get a criminal record is if you have been arrested and charged with a criminal offence and then taken to court and found guilty of an offence. Your University will not be informed (if they do by some very remote chance come back here again for advice).

 

Forget about it and get on with your life.

[rebel11]

Silverfox and the team will provide further guidance shortly. They say all sorts of stuff to 'force' you to pay.

 

The manager repeated 3 or more times that they would be informing my university, and said that this was their company policy and how they handled every similar case. And that is would be the same if it was my employer, instead of an educational establishment like in this case.

[Lozarian]

Silverfox and the team will provide further guidance shortly. They say all sorts of stuff to 'force' you to pay.

 

Some of the things they said did seem somewhat wierd, but i am just very glad that they didn't call the police. As i said, i remained very apologetic and cooperative the whole time. I offered to pay for the items which they declined, and they then returned the items back to their rightful shelf in the store. I am just terribly embarrased and ashamed of myself for trying something like this.

 

If they do inform my university, they would be acting unlawfully themselves right?

[Lozarian]

As above. There is nothing that will happen to you except the recovery people may try and screw you with some kind of penalty notice which you can safely ignore - or if they are worrying you post them up here minus your personal details. As has been indicated the only way you can get a criminal record is if you have been arrested and charged with a criminal offence and then taken to court and found guilty of an offence. Your University will not be informed (if they do by some very remote chance come back here again for advice).

 

Forget about it and get on with your life.

 

Could ASDA choose to involve the police from this point on? Even after simply banning me and deeming it a civil matter. Especially if i do not comply with their (or their solicitor's) requests for money.

[dx100uk]

no they cant

 

 

simply ignore what you have been told

they wont inform anyone

and you don't need to pay anyone anything

 

 

drydens..well they're a tame/fake sols/dca anyway

they are not bailiffs and have NO legal powers

in these matters

 

 

go get on with your life.

[rebel11]

It is very, very unlikely they will involve the police because of the amount involved.

 

Could ASDA choose to involve the police from this point on? Even after simply banning me and deeming it a civil matter. Especially if i do not comply with their (or their solicitor's) requests for money.

[silverfox1961]

Silverfox and the team will provide further guidance shortly. They say all sorts of stuff to 'force' you to pay.

 

 

Bit late in the day but I do get here eventually.

 

OP, welcome. One thing about CAG is that we tend not to judge so stop being apologetic

 

You have had great advice so far.

 

As you didn't give your full address, any letter they may send may get put into the uni system and work its way to you that way.

 

I feel the manager is lying to you. To pass on personal details about you to anyone (with the exception of parents if under 18) is a breach of the Data Protection Act and the only reason they could divulge any data is for the purposes of detection and prevention of crime which the uni have no right to know unless previously agreed by you.

 

Remember, you have not been convicted of any crime. These are just allegations. To make it effective they would need to sue you in the civil court for their losses of which there are none at all. They got the stuff back! As far as I am aware, there have been NO court cases since July 2012 when a similar company called RLP got a serious slapping. If you want to read the judgement, let me know.

 

You will receive the obligatory letters getting ever more demanding with all sorts of threats that they 'may' do this or that. No they can't. They are likely to pass the fictitious amount over to a debt collector who will write and say something along the lines of 'Liability which is not disputed'. ERM! yes it is.

 

Whatever you do, try not to be intimidated by these bullies. That is all they are.

[Lozarian]

So what would my course of action be from now on?

 

Obviously just shop somewhere else and never do anything like that again.

 

What about if/when i start receiving the letters from drydens, and when they pass the debt on to debt collectors. What should i do then?

[silverfox1961]

So what would my course of action be from now on?

 

Obviously just shop somewhere else and never do anything like that again.

 

What about if/when i start receiving the letters from drydens, and when they pass the debt on to debt collectors. What should i do then?

 

Keep the letters. If possible, I would like to see them (suitably scrubbed of your personal info of course) Do not bother writing to them. The only time to respond is if you get court papers but that is unlikely to happen.

 

As for the debt collector. They have as much power over you as I do. Nada, Nothing, Nowt. Get the picture!

[ericsbrother]

as stated by several posts,

 

 

you dont have a criminal record,

 

 

none of this has been passed on and

Asda cannot pass any information on to your university without risking prosecution themselves

and possible civil action if they do.

 

 

Also, your uni wont be interested in such an event nor will an employer.

 

 

A criminal conviction can have ramifications if you are studying medicine or seek employment as

a lawyer, accountant or similar but that isnt going to happen

as they have dealt with the matter and

 

 

to take it further would be impossible for the CPS

and pointless for the store as they will waste valuable resources doing so.

 

They hope you have learnt your lesson, show them to be right and get on with your life.

[Lozarian]

Bit late in the day but I do get here eventually.

 

OP, welcome. One thing about CAG is that we tend not to judge so stop being apologetic

 

You have had great advice so far.

 

As you didn't give your full address, any letter they may send may get put into the uni system and work its way to you that way.

 

I feel the manager is lying to you. To pass on personal details about you to anyone (with the exception of parents if under 18) is a breach of the Data Protection Act and the only reason they could divulge any data is for the purposes of detection and prevention of crime which the uni have no right to know unless previously agreed by you.

 

Remember, you have not been convicted of any crime. These are just allegations. To make it effective they would need to sue you in the civil court for their losses of which there are none at all. They got the stuff back! As far as I am aware, there have been NO court cases since July 2012 when a similar company called RLP got a serious slapping. If you want to read the judgement, let me know.

 

You will receive the obligatory letters getting ever more demanding with all sorts of threats that they 'may' do this or that. No they can't. They are likely to pass the fictitious amount over to a debt collector who will write and say something along the lines of 'Liability which is not disputed'. ERM! yes it is.

 

Whatever you do, try not to be intimidated by these bullies. That is all they are.

 

 

So since there are no damages, i am not liable (or have to pay them)?

[silverfox1961]

So since there are no damages, i am not liable (or have to pay them)?

 

 

Now you are getting the picture.

 

Have a read of some other threads including ones where letters have been received and watch How I and EricsBrother (plus others) rip them apart.

 

In the meantime I will go away and find one particular thread which explains a lot

[dx100uk]

no bugger all even if there WAS damages

 

 

TOTALLY IGNORE DRYDENS

the DCA's

ANY phonecalls.

 

 

end of the matter.

 

 

forget it now

 

 

dx

[Lozarian]

I would like to thank everyone so much for their support and advice. I am much more calm now. So it is VERY, VERRRY unlikely that it would go to court based on not paying the agencies.

 

I would like to read that judgement from July 2012 Silverfox

 

I will update this thread if i receive any letters, just so you guys can have a look at them.

[SabreSheep]

As everyone mentioned, there is nothing they can do.

 

*IF* the university get told, PLEASE come back here. We will gladly help you challenge them on Data Protection Act.

 

If you want to offset the Karma, you could always buy some food and donate to a food bank XD But that of course is down to you

[renegadeimp]

You're in good hands with silverfox. Follow his advice and you'll be fine

[silverfox1961]

You're in good hands with silverfox. Follow his advice and you'll be fine

 

Damn! The system won't let me give you rep so thanks for the kind words.

[silverfox1961]

[ATTACH]55131[/ATTACH]

 

 

Be aware, the judgement runs to 150 pages so here is the summary.

 

RLP and the retailer lost

[silverfox1961]

A Retailer v Ms B and Ms K Approved Judgment 09.05.12.pdfThis is the short version

[Conniff]

Damn! The system won't let me give you rep so thanks for the kind words.

 

 

I done it for you

[Bandit127]

[ATTACH]55131[/ATTACH]

 

 

Be aware, the judgement runs to 150 pages so here is the summary.

 

RLP and the retailer lost

That was actually the hearing transcript.

 

The judgement is here:

[ATTACH=CONFIG]55148[/ATTACH]

Same conclusion...

[Lozarian]

Thank you very much everyone. You have put my mind at ease. I've read the judgement and it seems very reasonable by the judge since one of the key principles from the law of torts can't be proven by the claimant (the damages).

 

So the scenario would be essentially identical in my case, since the security guards were actively engaging in their duties and the cost of the security equipment would be the same with or without any illicit activities taking place. They also can't claim that the security guards could have been patroling the shop floor instead of booking me, since by that logic it could be said that the security guards could have been looking at the cameras instead of patroling the shop floor or vice-versa (they can't do all of their roles at once).

 

The manager would have also been doing his job by overseeing the smooth running of the business, and any staff mamber (if any) that may have notified the security team were also doing their job by notifying the security guards if they saw any suspicious activity. There are also multiple checkouts and multiple staff monitoring the self-checkouts, so the business kept running smoothly and there was no loss of revenue.

 

In my case, the relevant goods were also returned to them undamaged.

 

The administration costs are the only thing that i didn't understand very well.

 

Anyways, thank you very much again guys. I will keep you posted if/when i receive any letters.

Cheers.

 

PS: I know it would only matter for legal jobs/ medical/ politics jobs, but say in the 1 in a million chance that this went to court and they won, would the CCJ affect someones ability to persue these careers? Just out of interest and for the sake of arguement, as someone else posted before about the type of careers that any records can really matter for.

Edited December 29, 2014 by Lozarian