Is this legal?

Mankysteve

I must add that if they unware of the situation then they not realy done anything wrong. Theft is most stores biggest area of lost. If they carry on once theyve been made aware of teh situation then thats when we should be complaining I think we should at least give em a chance to respond to her letter before calling them complete evil(there a company so there somewhat evil to begin with) there out to make money and shop lifting hits there profits.

chelleybelley

ok they cannot do this as "civil recovery" can only be reinforced when the alleged item cannot be sold ie: its been opened or damaged in anyway.the fact that they retrieved the goods the moment she walked out of the store and dealt with it there and then.they could ring the police but they would not do anything at all as the matter has been dealt with.they have every right to attempt to take this to court but over a 3 pound bottle of shampoo it is not in the public interest to do so.
DO NOT PAY THE MONEY AT ALL!!
they have no right to ask for it,it is a form of blackmail.

4743hudsonj

i think this is one of those situations where public knowledge is the best thing

so newspapers and radio stations (local)

this is the kind of stuff they love and the kind of thing any store dreads.

you never know, you may get some cash for it....:beer:

scullster

Health Warning.......... The following is my opinion, not fact......

So I've seen signs in the stores re: civil recovery, and ok, the police may not need be involved. But what's the difference between a store being able to pursue civil recovery vs. an unhappy consumer who say has had a raw deal?

Plenty of times, OPs come on here asking whether they can seek compensation for poor service, e.g. laptop being sent off to repair for a month, stress caused dealing with customer services..... We reply not to bother because it would be difficult to prove financial loss.... So ok, I get that. But then stores such as the one mentioned here employ [STRIKE]goons[/STRIKE] security guards. The store will argue that its cost them to employ these individuals and could say, well the incident tied up 2 guards for x hours and whatever £/hr => cost. But they would employ these guys anyway, the cost would be incurred regardless of whether this unfortunate incident has occured. Therefore, unless the goods were unsaleable, then surely no loss can have occured.

Otherwise..... I'll be claiming financial losses the next time a retailer messes up on me.........

(Rant over)......

I feel really sorry for your situation, personally I don't think they have a leg to stand on regardless of your daughter's condition, and if I'm wrong, then they certainly would have no leg to stand on with proof of your daughter's condition. I would however advise that if your daughter's condition has the potential for this to occur again, then you need to develop a strategy for preventing this.

MORPH3US

I hope this doesn't cause offence as that's not how it is intended, and I do think under the circumstances that the store might withdraw their demands however.....

One thing that did spring to mind having read the OP....

If your daughter has "mental health issues" that could result in her "stealing things" then why are you letting her walk into shops on her own...? Surely you should be keeping a closer eye on her to stop her getting into this trouble...

Andy_L

maninthestreet wrote: »

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.

or they take her to court to recover their costs eg:

Restocking (ie the £3 cost)
Security guard(s) time
Managers time

Hintza

Sympathies OP.

But you also need to see this from the shop's point of view and they must hear every excuse under the sun. So I wouldn't expect them to retract their demands immediately. You just need to remain calm and do as you have done an with luck if they see you are serious and have doctor on side thenm I would hope they would let it drop.

If they didn't then you have to decide whether it is better going to court or paying up.

Good luck OP hope you can woork this out.

DCFC79

Good luck OP in sorting it out

stebiz

MORPH3US wrote: »

If your daughter has "mental health issues" that could result in her "stealing things" then why are you letting her walk into shops on her own...? Surely you should be keeping a closer eye on her to stop her getting into this trouble...

Why not lock her in her bedroom? Let her out at out for Breakfast and Tea!!:mad:

I know you meant know offence, but we are in 2009. If this young lady suffers from Mental Health issues, that may cause forgetfulness, there is no need to treat her in that way.

Rant over!!

Stebiz

CharlieBilly

To be honest no lose from being banned from TKmax

Also what lose at Tkmax suffered to ask fro £139? Known other than potential the theft

If she has mitigating circumstances than this may help her, she did wrong but I am sure if proven her condition any reasonable person would think she should be let off with a caution at most