Issue at Bershka - Item Confiscated Despite Payment Proof

Uk_Dood

Hi all,

My wife and daughter visited a Bershka store yesterday. Upon leaving the store, the security alarm was triggered for an item my wife had just purchased.

The security guard's response was highly unprofessional and rude. He immediately accused my wife of not paying for the item, causing her significant embarrassment and insisting she follow him to the back of the shop.

The purchase was made using a self-checkout terminal, which did not issue a physical receipt (though my wife was asked to input her email address). No receipt has been received via email to date. My wife immediately explained that she had paid and presented her banking app, which clearly showed a pending transaction for the item.

The store manager was called into the discussion. The manager shockingly admitted that this exact issue had occurred with "a number of customers." The only solution offered was for my wife to pay for the item again and "hope" the original pending transaction would be refunded.

Because she had no physical receipt from the initial transaction and no email receipt, my wife was understandably unwilling to pay a second time and risk losing the money entirely. Consequently, she was forced to leave the paid-for item at the store. She left feeling deeply embarrassed, shocked, and distressed by the entire experience.

Last night, we confirmed that the money has now been fully taken from her bank account. She is now without the item and without any proof of purchase (physical or digital).

My questions to the community are:

1. Given that the store has the money, but my wife does not have the product or a receipt, is a chargeback the only viable course of action?

2. How is a major retailer allowed to have such a clear, acknowledged, and persistent flaw in their security/checkout process, effectively forcing paying customers to lose their money or risk double payment?

3. What is the recommended best step to recover the funds and/or obtain the item?

Any advice on how to proceed would be greatly appreciated.

Thank you.

user1977

Surely the bank transaction is proof of purchase? Just go back to the shop and resume the argument.

born_again

Uk_Dood said:

Hi all,

My wife and daughter visited a Bershka store yesterday. Upon leaving the store, the security alarm was triggered for an item my wife had just purchased.

The security guard's response was highly unprofessional and rude. He immediately accused my wife of not paying for the item, causing her significant embarrassment and insisting she follow him to the back of the shop.

The purchase was made using a self-checkout terminal, which did not issue a physical receipt (though my wife was asked to input her email address). No receipt has been received via email to date. My wife immediately explained that she had paid and presented her banking app, which clearly showed a pending transaction for the item.

The store manager was called into the discussion. The manager shockingly admitted that this exact issue had occurred with "a number of customers." The only solution offered was for my wife to pay for the item again and "hope" the original pending transaction would be refunded.

Because she had no physical receipt from the initial transaction and no email receipt, my wife was understandably unwilling to pay a second time and risk losing the money entirely. Consequently, she was forced to leave the paid-for item at the store. She left feeling deeply embarrassed, shocked, and distressed by the entire experience.

Last night, we confirmed that the money has now been fully taken from her bank account. She is now without the item and without any proof of purchase (physical or digital).

My questions to the community are:

1. Given that the store has the money, but my wife does not have the product or a receipt, is a chargeback the only viable course of action?

2. How is a major retailer allowed to have such a clear, acknowledged, and persistent flaw in their security/checkout process, effectively forcing paying customers to lose their money or risk double payment?

3. What is the recommended best step to recover the funds and/or obtain the item?

Any advice on how to proceed would be greatly appreciated.

Thank you.

Go back to store & get them to refund. With proof of debit. Although all it proves is that amount was spent at store not what was bought. (banks get no proof of what was bought)

I'm guessing this was a chip/pin transaction or contactless. As such there is no chargeback for non reciept, as you are expected to take the item with you.

She should have asked for something in writing from the manager, about them withholding the goods pending proof of payment.

saajan_12

Uk_Dood said:

1. Given that the store has the money, but my wife does not have the product or a receipt, is a chargeback the only viable course of action?

2. How is a major retailer allowed to have such a clear, acknowledged, and persistent flaw in their security/checkout process, effectively forcing paying customers to lose their money or risk double payment?

3. What is the recommended best step to recover the funds and/or obtain the item?

2 - Well the flaw is in door alarms that are over sensitive - that alone is very common across many stores. The problem is what you then do with a blaring alarm. Most stores would have a security guard check bags against a receipt, potentially going back to check a particular till or looking at CCTV or a customer's banking app. Action would only be taken when there is actual proof of theft. 

The issue here is they are choosing to take action preemtively. 

I would go back to the store to
a) get them to confirm in writing that an item was confiscated (to avoid claims that wife did indeed leave with it) 
b) show proof of the transaction on the banking statement and request a demand. 

eskbanker

saajan_12 said:

I would go back to the store to
a) get them to confirm in writing that an item was confiscated (to avoid claims that wife did indeed leave with it) 
b) show proof of the transaction on the banking statement and request a demand. 

Request a refund? Demand something else?

Uk_Dood

user1977 said:

Surely the bank transaction is proof of purchase? Just go back to the shop and resume the argument.

Thanks for the response.

Apparently not, even though it was time stamped. Understandably, she doesn't want to go back to the shop.

Ergates

born_again said:

Uk_Dood said:

Hi all,

My wife and daughter visited a Bershka store yesterday. Upon leaving the store, the security alarm was triggered for an item my wife had just purchased.

The security guard's response was highly unprofessional and rude. He immediately accused my wife of not paying for the item, causing her significant embarrassment and insisting she follow him to the back of the shop.

The purchase was made using a self-checkout terminal, which did not issue a physical receipt (though my wife was asked to input her email address). No receipt has been received via email to date. My wife immediately explained that she had paid and presented her banking app, which clearly showed a pending transaction for the item.

The store manager was called into the discussion. The manager shockingly admitted that this exact issue had occurred with "a number of customers." The only solution offered was for my wife to pay for the item again and "hope" the original pending transaction would be refunded.

Because she had no physical receipt from the initial transaction and no email receipt, my wife was understandably unwilling to pay a second time and risk losing the money entirely. Consequently, she was forced to leave the paid-for item at the store. She left feeling deeply embarrassed, shocked, and distressed by the entire experience.

Last night, we confirmed that the money has now been fully taken from her bank account. She is now without the item and without any proof of purchase (physical or digital).

My questions to the community are:

1. Given that the store has the money, but my wife does not have the product or a receipt, is a chargeback the only viable course of action?

2. How is a major retailer allowed to have such a clear, acknowledged, and persistent flaw in their security/checkout process, effectively forcing paying customers to lose their money or risk double payment?

3. What is the recommended best step to recover the funds and/or obtain the item?

Any advice on how to proceed would be greatly appreciated.

Thank you.

Go back to store & get them to refund. With proof of debit. Although all it proves is that amount was spent at store not what was bought. (banks get no proof of what was bought)

I'm guessing this was a chip/pin transaction or contactless. As such there is no chargeback for non reciept, as you are expected to take the item with you.

She should have asked for something in writing from the manager, about them withholding the goods pending proof of payment.

Should be a trivial matter to tie the transaction time to the event in the store though

Ergates

eskbanker said:

saajan_12 said:

I would go back to the store to
a) get them to confirm in writing that an item was confiscated (to avoid claims that wife did indeed leave with it) 
b) show proof of the transaction on the banking statement and request a demand. 

Request a refund? Demand something else?

I'd be demanding at this point, not politely *requesting*.  Demanding a refund, and asking pretty forcefully for a written apology and an explanation as to how they allowed this to happen and what steps they're taking to make sure it didn't happen again.

eskbanker

Uk_Dood said:
Understandably, she doesn't want to go back to the shop.

Maybe putting it into writing, either to the store or to a 'head office' address, will work - it'll need to be done at some stage if wishing to pursue the matter, as it appears unlikely that chargeback is viable, and so court action is probably ultimately going to be needed if she is unwilling to visit the store in person.

Edit: if she paid by credit card in her name, for an item at over £100, then a section 75 claim might be possible but will still ultimately rely on being able to demonstrate that she didn't receive the goods that were paid for in a face to face transaction, which may be difficult....

user1977

Uk_Dood said:

user1977 said:

Surely the bank transaction is proof of purchase? Just go back to the shop and resume the argument.

Apparently not

Sorry, according to whom (given the incident was only yesterday)?

Ergates

user1977 said:

Uk_Dood said:

user1977 said:

Surely the bank transaction is proof of purchase? Just go back to the shop and resume the argument.

Apparently not

Sorry, according to whom (given the incident was only yesterday)?

At the time of the incident, the store refused to take the incidence of the pending transaction as proof of purchase.