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LauraZ

TK MAXX attempted sale sticker swap.

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Hi guys, 

I need your help

 

before you all come down on me for what I did I am beating myself up over it and my anxiety is through the roof.

 

I was in TK Maxx the other day and I swapped a 7 euro sticker with a 19 euro sticker on a pair of Jean's.

Stupid I know when I had the cash-I dont know why I did it.

 

I went to the till and the lady scanned it and it came up that the 7euro belonged to the makeup section. I had taken the sticker from there.

 

She definitely copped what I was doing but didn't let on asked if I wanted the item for 19euro and I said yes, paid the actual amount for item and walked out.

 

She held on to the sticker and I saw her walk away to obviously go investigate.

 

I'm just wondering now if anything can be done about it now? I paid by card.

 

I'm also a college student near by and I am so worried they will contact my college with my picture from the CCTV.

 

Are they allowed to this?

 

Thank you in advance. 

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Forget about it, nothing is going to happen. And don't do it again.

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yea don't do it again...

 

they wont bother with CCTV etc.

takes up too much staff time to scan 100's of hours of camera footage

simple to confirm you tried the age old dodge you probably learned from a fellow college attendee

and they got paid anyway.

 

dx

 


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Sorry dx100uk I dont understand what you mean? 

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I switched them in changing rooms and then put the make up back. Can they not just put in time stamp in cctv and it will come up then? 

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I don't know how many members here know about CCTV operations in detail, maybe someone will comment. But as dx100uk says, it's unlikely they will search for this isolated incident.

 

This is the problem with shoplifting cases, that you end up speculating for weeks over what might happen when we're all second-guessing what someone else may or may not do. I hope you can treat this as a learning curve and remember how you feel at the moment if you're ever tempted to do this again.

 

HB

 

 


Illegitimi non carborundum

 

 

 

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Thank you all for your replies. Are they legally allowed to contact my uni? I had a backpack on so they could clearly tell I was a student. It will ruin my life if I'm kicked out of college for this. Lesson learnt🤢

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Rather importantly in your case you didn't actually steal anything because at the checkout they told you it had the wrong price on it, told you correct price, and bought it for the correct price. Nor did they accuse you of having switched the stickers. So no offence of shoplifting committed even though it was a stupid thing to attempt to do.

 

You refer to the price being in Euros so which country did this happen in?

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No offence of shoplifting was committed, but (if in the UK), the offence of fraud by false representation was (as it doesn’t have to succeed : the attempt that exposes another to risk of loss suffices for the offence to be made out).

 

However, I agree with Will, it is unlikely this will be pursued (If it was a one off!), as action would have been taken at the time.

 

If it were part of a continued course of attempts, then they might be bothered to go back to check CCTV / card receipts, but unlikely for a one-off.

Edited by BazzaS

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Now this comes into the world of contract law rather than theft even though your intention was to gain an advantage by deception.

It is about offer and acceptance. You took the item to the till, they scanned it, realised there was an error and offered you the goods at the original price. you accepted that and paid. end of as far as that transaction goes.

They may well think that something smelt but as you didnt make a fuss about the correct price they arent going to start a fight over a non event but beware of trying it on again, the bar code will say exaxtly what the item is, how much and how many they have in stock and yes, if they can be bothered to they will have a look at the CCTV if there is a pattern of such events and something may well be done.

Also consider this, the store may suspect that the shop assistant is in partnership with you and they might get sacked for something that has nothing to do with them.

so learn from this and make things easy for everyone

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Ericsbrother : there was the contract (civil law). That doesn’t prevent the (immediately prior) criminal offence though : fraud by false representation.

http://www.legislation.gov.uk/ukpga/2006/35/pdfs/ukpga_20060035_en.pdf

 

2 Fraud by false representation
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.


A representation is false if—
(a) it is untrue or misleading, and
(b) the person making it knows that it is, or might be, untrue or misleading.
“Representation” means any representation as to fact or law, including a representation as to the state of mind of—
(a) the person making the representation, or
(b) any other person.
A representation may be express or implied.
For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).


The CPS guidance notes

https://www.cps.gov.uk/legal-guidance/fraud-act-2006

clarify that no actual gain or loss is required (this being where fraud by false representation has a significant difference to e.g. shoplifting) : the dishonest intent of the false representation at the time it is made is the key, not if the false representation succeeds or not.


 

Edited by BazzaS

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