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Charged with false representation by gaining refund


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Hi, I was charged with false representation by swapping the price tag at tk maxx, for two accounts.

 

I want to admit to the swap (although wrongly and no intention to fraud, i understand the outcome is that is is still wrong)

, but the items are genuinely bought from the shop.

 

 

For one of the item, I remember there were at least 3-4 pieces displayed when I bought it.

 

 

But the store prevention officer says they are certain and have given their sworn statement that is the case.

 

 

I want to plead to guilty, but as some of the details are wrong, do you think i can challenge this?

 

 

As I did not with intention, taking items from other place and return to TK.

 

 

If investigated, does TK has photo of identifier for an item by it's brand, or matches the item description or look?

 

Also, my charge says that i made a gain of cash, but i was actually given credit note, as the items were passed 30 days.

 

Thank you so much in advance.

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What is very important is the date of the alleged offence, can you please give that?

 

 

The reason for asking for this is there was a change of the law recently and the penalties for pleading guilty at the first opportunity have changed.

 

 

Fraud has a higher penalty than theft, if you intend to plead guilty then you should do so, if you did not change the tickets then plead not guilty.

 

 

You are given "credit" for an early guilty plea and you could get just a conditional discharge plus costs and a victim surcharge. What this means is if you plead guilty at the 1st instance then the outcome COULD be less than if you pleaded not guilty.

 

 

Something you will need to know now is that you must fill in the MC100 means form and make sure you give this to the Usher when you go in to Court. What this form says to the bench is your financial ability to repay any fine you are given. DO NOT forget to pay the fine on time and in full, or you could get yourself in to even more financial difficulty.

 

 

To be honest if there are other circumstances involved like you have been "done" for this before then you really should seek out a local Solicitor or if there is a chance that your liberty is at risk.

 

 

When this eventually goes to Court you are given the opportunity to put your side of what happened, this is why you really need to seek out a Solicitor.

 

 

A credit note is the same as cash within that store so if you wanted to spend the note on something else this is used to allow you to buy it or pay the difference in other ways, so within that store the note IS CASH

 

Have a read here http://www.consumeractiongroup.co.uk/forum/showthread.php?437382-Fraud-by-false-rep-need-guidance(1-Viewing)-nbsp

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Hi, I was charged with false representation by swapping the price tag at tk maxx, for two accounts.

 

I want to admit to the swap (although wrongly and no intention to fraud, i understand the outcome is that is is still wrong)

, but the items are genuinely bought from the shop.

 

 

For one of the item, I remember there were at least 3-4 pieces displayed when I bought it.

 

 

But the store prevention officer says they are certain and have given their sworn statement that is the case.

 

 

I want to plead to guilty, but as some of the details are wrong, do you think i can challenge this?

 

 

As I did not with intention, taking items from other place and return to TK.

 

 

If investigated, does TK has photo of identifier for an item by it's brand, or matches the item description or look?

 

Also, my charge says that i made a gain of cash, but i was actually given credit note, as the items were passed 30 days.

 

Thank you so much in advance.

 

You have identified a few issues, and they might be worth looking at independently.

 

A) "I want to admit to the swap (although wrongly and no intention to fraud, i understand the outcome is that is is still wrong)" : how come they were swapped, then with no intention to alter the price paid?.

 

B) "I want to plead to guilty, but as some of the details are wrong". If you plead guilty you are accepting your guilt. If you think you aren't guilty, then why plead guilty?.

 

If some of the details are 'wrong', then that may be mitigation (might get a reduced punishment) if the actual offence you are pleading guilty to isn't in fact as severe as is being alleged, but that wont stop you being dealt with as guilty if you plead guilty : that plea means you accept you have committed the offence charged.

 

C) "my charge says that i made a gain of cash, but i was actually given credit note" : irrelevant, as:

 

http://www.legislation.gov.uk/ukpga/2006/35/section/2

Fraud by false representation

(1) A person is in breach of this section if he—

(a) dishonestly makes a false representation, and

(b) intends, by making the representation—

(i) to make a gain for himself or another, or

(ii) to cause loss to another or to expose another to a risk of loss.

 

Note the "or" between 2(1)(b) parts (i) and (ii).

 

2(1)(b)(i) means if you make a gain for yourself (and doesn't differentiate between cash and credit note), while even if you claim you never intended to make a gain for yourself, exposing the retailer to the risk of loss is sufficient to allow the offence to be made out.

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Hi and welcome to CAG.

 

I'm afraid your post is confusing me.

 

1. have you been charged by the police on the two count?

 

2. By swapping labels, did you get the goods for less or were you paying the same or more?

 

A credit note (while only being able to use in store) IS a form of cash

 

You have said you swapped labels so I am assuming you bought some stuff, took it back but before going to the check out, you swapped the labels which gave you back more than you paid.

 

You can see why I am confused.

 

It would help if you put down in chronological order the chain of events.

 

IF you have been charged by the police and IF the cps decide to prosecute, you have only two choices. Guilty or Not Guilty.

 

If you were to plead guilty you would be able to put to the court your mitigating circumstances.

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

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi, thank you all for responding.

 

No, I have never been on the wrong side of the law before, not even a traffic fine (never taken a loan, don't have a credit card).

 

 

I guess should fear for the worst. no one is above the law.

 

 

I can't find the other price tag, ie the one that is supposed to be the right one.

 

 

I didnt even know that I put the wrong one on.

am still looking for it,

 

 

even if I can find it, I wont be able to proof that it belongs to the shop.

Only the shop can.

 

 

I would be silly to imagine that the shop is willing to help me to do that?

 

 

I have some idea about the brand and the item,

the prices should be the same or maximum different by £10.

But I can't prove it.

 

 

Same with if the items were indeed from the shop.

I like to trust my memory.

 

 

But from this incident, my credibility is probably the least trusted.

 

 

I know that when a law is broken it matters not if the value is small. It's an offence.

 

 

I just couldn't believe I've done it.

 

 

I have come to term that my actions have caused loss to another person.

Edited by OPKK
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I am still confused.

 

You state

 

No, I have never been on the wrong side of the law before, not even a traffic fine

 

yet you say you have been charged on two counts. Who by? The police or the store security?

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

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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  • 2 months later...

TK's will only generally take action on people who swap and return twice, on separate occasions. Thus, avoiding someone going to court / police action for a simple mistake .........

 

 

Seems like this OP as been caught out twice, hence the 2 charges.

 

 

Also, TK's rules always dictated that there MUST be a loss to the business, so returning 2 items with the same value wouldn't be an 'offence' in their eyes - there must of been a financial loss to the business.

 

 

And thirdly, unless it has changed, customers were indeed allowed to bring back items with a receipt, but no tickets attached to them - staff would go and find a match and check it was the right price, but there was nothing to say that this wasn't allowed, and so there would be no need for a customer to swap labels if they had lost them.

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