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Wetherspoons - Theft of customer property ***Resolved***


BillyS
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Hi,

Looking for advice 

We visited our local Wetherspoons for a bite to eat but left mobile phone behind.  When we arrived home we noticed it was missing so called the phone, it was answered by a person who identified themselves as the manager on duty at the pub.  She offered to put the phone in the safe for safe keeping and to collect it the following day.  We headed over to collect it the following afternoon to be told the phone had been 'removed' from the safe and that they couldn't find it.  We visited a number of times, being told they would review cctv and get back to us.  It's been nearly 4 weeks, despite several call and visits, no update and not once have they contacted us in all that time.  We've reached out to the Wetherspoons head office / customer services, also no response.  Basic courtesy completely lacking from Wetherspoons.

Any suggestions on next steps?  

Thanks in advance

 

Hi,

Looking for advice 

We visited our local Wetherspoons for a bite to eat but left mobile phone behind. 

When we arrived home we noticed it was missing so called the phone, it was answered by a person who identified themselves as the manager on duty at the pub. 

 

She offered to put the phone in the safe for safe keeping and to collect it the following day. 

 

We headed over to collect it the following afternoon to be told the phone had been 'removed' from the safe and that they couldn't find it. 

We visited a number of times, being told they would review cctv and get back to us. 

 

It's been nearly 4 weeks, despite several call and visits, no update and not once have they contacted us in all that time. 

 

We've reached out to the Wetherspoons head office / customer services, also no response. 

Basic courtesy completely lacking from Wetherspoons.

Any suggestions on next steps?  

Thanks in advance
 

Edited by BankFodder
Restructured in order to make it readable
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Are you simply looking for courtesy? Or are you looking to recover the cost of the phone?

What was the value of the phone – replacement value?

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Okay well here are some legalspeak.

Wetherspoon's are the bailee of the goods and as such they owe you a duty to take reasonable care of them. By losing the phone they have effectively committed the tort of conversion – section 2, Torts (Interference with Goods) Act 1977.

I suggest you send them a letter of claim and give them 14 days and then sue.

Post a draft of your proposed letter here so we can check.

Keep it scant

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Don't forget that they will have a defence if they can persuade a judge that they did take reasonable care. – So it's not open and shut.

Frankly I'm sure they are insured and so they should start putting a claim in if they are worried about the money.
However, don't get distracted. They may well respond to you with the details of their insurers and tell you to start putting in an insurance claim.

This will simply delay matters and bringing out of your control.
To stay in control tell them that the insurance is their problem you simply want your money back and you will be suing in 14 days

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Thanks for the information, makes sense.  Just to clarify, this should go to Wetherspoons Head Office, rather than the licensee who we have been dealing with thus far.  

In terms of their potential defence, they have been able to confirm it was placed in the safe, but they have been unable to identify who took it from the safe, with the cctv apparently not covering the safe!

Edited by BillyS
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I don't know how the ownership and management et cetera of weather's been disorganised.

If the pub you are dealing with is actually owned by Wetherspoon's and not some kind of franchise then it doesn't matter who you send it to. If it's a franchise then you need to send it to the licensee .

The important thing is that when you start your claim, that you identify the appropriate defendant – otherwise you would immediately find yourself with a defence that basically says that you've sued the wrong person and you should start again which will be a waste of your money.

 

 

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I wouldn't accuse Wetherspoons of theft.  Your phone has gone missing but that doesn't automatically mean it was stolen at all, let alone stolen  by Wetherspoons.

 

They've lost it so make your claim on that basis as BankFodder suggests.

 

Theft is the obvious possibility but with no direct evidence of theft if you accuse the staff of having stolen it it tends to make it harder to get the settlement and apology that you want. It makes people defensive.

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As per Ethel Street, dont accuse anybody of theft.  Just state it went missing while in the possession of Wetherspoons (or their licensee if appropriate).

 

Have you got evidence (something in writing, like an email or text) confirming that they had it and that it went missing from the safe?  

 

I suppose putting it in a safe could go either way.  It might be evidence that they took reasonable care of it -  but, on the other hand, if it went missing without trace, the safe obviously was neither safe nor secure

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  • 2 weeks later...

The manager of the venue confirmed his belief the phone was placed in the safe (by the manager on duty), and apparently spent many hours reviewing cctv to understand who then removed it from the safe.  Apparently the Wetherspoons CCTV doesn't cover the area the safe is in so has not been able to confirm directly who took it.

All conversations have been as a result of our contacting them, I've received no comms from them at all, either their returning promised callbacks, or as a result of completing their online Customer Service contact forms.

Absolutely no intention of using the 'theft' word, as emotive.

I'm crafting some words for the LBA now.  I'll post here shortly (excluding identifying information) for comment before sending by recorded delivery.

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Posted (edited)

Any advice on whether the below works?  Too much/little detail?
Thanks in advance 

 

Wetherspoons

Wetherspoon House,

Reeds Crescent,

Watford,

Herts

WD24 4QL

 

10th March 2022

 

Letter Before Action


Dear Sir / Madam,

 

Despite our many attempts to communicate with yourselves, either directly with your venue, or through your contact forms online, we have received no responses.  As such I am writing to you in a final attempt to reach a resolution before taking further action to recover my losses.

 

On 3rd February 2022 my partner and I visited the (name and location of venue) for a meal.  Having finished we went home and realised I had left my mobile phone on site so called it immediately to check its location.  The phone was answered by a lady who identified herself as the duty manager, confirmed the phone was in her possession and offered to look after the phone, placing it in the safe until we could collect the following day.  My partner attended on the 4th to be informed the phone was missing from the safe, someone would look into this and get back to us.  We then contacted and visited the site on numerous occasions, each time being told this was being looked into, and someone would get back to us.  Our main contact throughout was the GM (Name of GM we have been dealing with), who having agreed there was a duty of care, was taking steps to speak to staff and to review CCTV. 

To date, we have never once been contacted, though the device is still apparently missing.  We have tried to reach out to Wetherspoons directly, via your contact form on your website, again no response.

 

Having accepted responsibility for the phone, Wetherspoons have a duty to take reasonable care of my property.  In losing the phone while in your care, we are looking to you to either arrange return of the phone, or to pay the cost of a replacement device, a value of £250.

 

If I do not receive a response, in writing, within 14 days of the date of this letter, a claim will be raised through the courts to recover my losses, without further reference to you.

 

Your sincerely
(my contact details)

Edited by BillyS
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Wetherspoons Detail:

 

Mr J Hutson
Chief Executive
Wetherspoon House
Reeds Crescent
Watford
Hertfordshire
WD24 4QL

 

Email: [email protected]

 

Dear Sir/Madam

 

Formal Complaint

 

On 3rd February 2022 my Partner and I visited wetherspoons (insert name and location) for a meal and having finished we went home and only then realised that I had left my mobile phone at that wetherspoons and immediately called the mobile phone number which was answered by a lady who identified herself as the Duty Manager. She confirmed that the mobile phone was in her possession and offered to look after the mobile phone until I could collect it the following day by placing it into their Safe which I duly accepted until I could collect it and assumed it would be safe and secure.

 

My Partner and I attended said wetherspoons on 4th February 2022 to be informed by (insert employees name) that the mobile phone was now missing from the Safe and that someone would look into this and get back to us. Our main contact throughout this was the General Manager (insert name) who agreed there was a duty of care was taking steps to speak to the staff and to review the CCTV.

 

To date we have never been contacted and have had to do all the chasing on this matter as the mobile phone is still missing and have tried to reach out to wetherspoons customer care directly via your own website contact form to have no response.

 

1. As this mobile phone was in wetherspoons care and placed in a Safe wetherspoons therefore took on the responsibility for this mobile phone and had a duty of care to look after it until collected by the customer.

 

2. As the mobile phone was in your safe which only certain employees will have access to how has my mobile phone went missing from your own secure safe.

 

3. The Customer Care to a serious matter of a mobile phone in a secure safe which was in your possession in that specific wetherspoons and from wetherspoons on website contact from is disgraceful when I have had to do all the chasing into this matter.

 

4. I require clarification on what investigation has been carried out by that specific wetherspoons and the head office into this matter of my mobile phone going missing from your own secure safe in that specific establishment.

 

5. That specific Wetherspoons accepted full responsibility for my mobile phone which was placed into a secure safe which only your employees have access to and had a duty of care to look after that device until collected for it to go missing from that safe. I either require that the mobile phone is returned to myself or the costs of the replacement for that device value £250.

 

If I do not receive a response, in writing, within 14 days of the date of this letter, a claim will be raised through the courts to recover my losses, without further reference to you.
 

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  • 3 weeks later...
Posted (edited)

Letter sent, recorded delivery, dated 10th March.  Giving a couple of days grace I still received no reply to that letter. 

I was looking to move to the next step today,  but have just received an email from their customer service team, in apparent response to my customer service contact (dated 14/02/22) saying next to nothing, aside from confirming they received my letter (as above in my post).

 

"Thank you for contacting the Wetherspoon Customer Services team.

I’m very sorry to note your comments and apologise for the delay in our response.

We have passed this to the Pub Manager and Area Manager for a response for you, we appreciate your further comments in your letter and we have pushed for an update on this for you. They will be in touch in due course.

Your patience is greatly appreciated at this time."

Do you think I should continue to wait, or move to preparing for MCOL ?

TIA

 

Edited by BillyS
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You could drop them a note and saying that in view of their response, you are extending the time until next Monday but they can be certain that on Tuesday morning you will issue the claim. No more delays

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  • 1 month later...

By way of update - Off the back of the above Wetherspoons have finally started to engage with a view to finding a resolution.  

 

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  • 3 weeks later...

Finally reached a resolution, received today an amount equivalent to purchase a replacement phone.  

Thanks for you advice and assistance, and support.

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:whoo:

very well done!!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to Wetherspoons - Theft of customer property **WON**

Result! well done and thanks for updating us

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  • Andyorch changed the title to Wetherspoons - Theft of customer property ***Resolved***

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