Is this legal?

littlemissmojo

I have a rather embarassing problem and I hope someone out there can help me with it. My daughter suffers from mental health difficulties and last week walked out of a branch of TK Max still holding on to a bottle of shampoo. She swears she didn't mean to and I believe her. However, the security guards saw this and took her to the 'back room' where they banned her for life. It was all very embarssing and traumatic for her and I can't stress enough that she is unwell and I don't believe this would have happened had she been healthy. The store have now sent her a letter stating that they have the right to claim compensation from her and are demanding £139 within 21 days. The police were not called and I have never heard of anything like this before. Can they ask for 'compensation' from her? If so on what grounds? The shampoo in question was £3 and was returned as soon as she realised what she had done. I understand that she is in a fairly weak position given what she did was technically theft but is this legal? The letter sent states that if we do not pay then they will take her to court.
I would really appreciate some advice on this.

Raksha

How old is your daughter?

danielle1977

Sorry I can't really help just wanted to offer sympathy.

I don't see how they can charge you though. Do you any proof that she has mental health issues that you could send them? CAn you site the mental capacity act and say when she is stressed (or whatever) she does not have capacity? Hopefully someone with more knowledge about legal things will come along.

maninthestreet

This is known as 'civil recovery' - there is no legal requirement to pay this 'charge'. The risk, if you do not pay it, ithat they might choose to report the alleged theft to the police.

ChrisCobra

Sounds like a form of blackmail or extortion to me.. ?

McKneff

Go to the CAB or get half an hour free with a solicitor.

Do you know something, just for that i will never set foot in TKMaxx again.

Its outrageous.

Mankysteve

Was TK Maxx made aware of the situation with your daughters mental health?

littlemissmojo

Hello me again.

I have written to TK Max to explain my daughter's condition and provided a doctor's note and one from her therapist to explain but I've heard nothing back yet.
My daughter is 28 and has been ill on and off for the last ten years or so.

Thank you for the concern.

Barneysmom

Tell them there'll be a mass boycott of their shops if they carry on this way. I know I wouldn't go in there again and I'll tell my family not to either.......

Lip_Stick

Barneysmom wrote: »

Tell them there'll be a mass boycott of their shops if they carry on this way. I know I wouldn't go in there again and I'll tell my family not to either.......

ok.... but can we start the mass boycott after xmas?

McKneff

Lip_Stick wrote: »

ok.... but can we start the mass boycott after xmas?

love it :rotfl::rotfl::rotfl:

My son came home and i was grilling gammon
He said oh mum 'I've decided to become a vegetarian.
And i said well can you start after tea cost this one's already dead'

Good luck to the oP and hope you get sorted.