Former TK Maxx Loss Prevention Manager - available for questions !/ reviewed 09.2015

[newtothismalarkey]

Hi Old Bill, thanks again. It was the sum of approx £205.00 of refund fraud - I exchanged Hugo Boss for cheap tack - so they found me out apparently because they don't have a license for HB.... I clearly didn't know that. They have footage of purchase and returns (not the same items in those transactions) and despite being higher value returns.... it's still 'fraud'. I am beside myself and remorse doesn't cut it - yes I fooled myself into thinking because my goods were of higher value, I would not be 'caught'.... I don't need the goods, just have been depressed and this particular store leave themselves wide open for an opportunist like me.... BTW never ever ever done anything bad in my life before..... no record only great community person..... so will the police, TKMaax and RLP come after me ? I'm sitting here waiting for the phone to ring, yellow jacketed officers to come to the door.... your advice would be greatly appreciated. Please don't think I expect any sympathy - I fooked up !!! x

[old bill]

If you are suffering from depression, that is relevant. Your post indicates that the behaviour you engaged in is out of character for you. The police and a court would be obliged to take that into account. Have you consulted you GP about your depression? If not, do so as soon as possible. This will give you some valuable ammunition to fire at the likes of RLP should they try to extort money from you.

 

The answer is quite clear in that if TKMaxx has suffered no loss and has acted in a disproportionate manner, which it would appear they have, both they and RLP are going to have a difficult job trying to justify making their fatuous demands for "compensation". The law provides justice for those who have suffered genuine loss as the result of the actions of another. It does not allow those who have suffered loss as the result of their own disproportionate actions to be unjustifiably enriched. As said in an earlier post, any reasonable person would consider kicking your backside out of the shop and banning you to be proportionate. By their actions in your case, TKMaxx has, in my honest opinion, done any case they think they may think they have no favours.

[newtothismalarkey]

Thanks for the insights - much appreciated. Haven't heard anything still - be great if it stayed that way - I've learned my lesson. I have been under the doc's care for depression meds (PTSD and post natal depression) so it's all in the notes and actually approaching the 4th hour of detainment I told them I had to take meds which I didn't have on me in person - this will have been recorded so not refutable.

[old bill]

Thank you for revealing that. From what you have said, IMHO, TKMaxx and RLP would be very hard-pushed to put together a case that would stand up in a court of law. The fact you suffer from PTSD and PND and are on medication for this is quite compelling. If TKMaxx and/or RLP try to make an issue out of what happened, come back onto this thread and we'll help you deal with it.

[LoopyLou2]

I did something silly, I had lost the receipt of an unused jacket from TK, bought another item of the same price and put the label on the jacket. It was accepted at the till and I want to back track my lapse in judgement. What can I do?

[honeybee13]

I did something silly, I had lost the receipt of an unused jacket from TK, bought another item of the same price and put the label on the jacket. It was accepted at the till and I want to back track my lapse in judgement. What can I do?

 

Hello and welcome to CAG.

 

How long ago was this please, in case it's relevant?

 

My best, HB

[LoopyLou2]

Thank you for your response, It occurred in the last week (the original jacket was bought outwith the returns policy). I don't know if to send them back in the post (original item)? Or whether this will draw attention to it? If so what do I say? Their camera's will identify that it is two different items. I am really worried.

Edited July 24, 2013 by LoopyLou2

[newtothismalarkey]

Just avoid the TK shops and do nothing further. The police didn't come for me after all but I guess that they thought TK had violated my human rights anyway with how long they held me. They get you by your card details that were on the fraudulent exchange so if you use that card again you will be flagged up in the system and they will stop you when you try to leave and call the police. So do nothing but don't return there again.

 

Questions for Old Bill: RLP are now pestering me but as I said the Police never came and it has been a few months now so I was never charged or cautioned. What should I do about RLP ? If I ignore them will they go away ? They're asking for just over £100. I would like to ignore them but if I move house they will write here again and I don't want people knowing..... thanks in advance.

[renegadeimp]

With rlp just ignore. Jackie thinks continuous harassment will make people break down and cave in. Im just waiting for someone to take her company to court and specifically call her for questioning.

[newtothismalarkey]

Thanks, I don't know anything about them. Can I not demand that they remove me from their database since I have not been documented by the police and advise that they breached my human rights (kept for over 4 hours in an office without my meds)

[renegadeimp]

RLp is run by a very dubious woman who thinks the law/regulation doesnt apply to her.

 

Last year her company was laughed at in court and the judge said her legal basis for any claim is very very shaky at best. What did she do? Completely ignore him, and continued harassing people. Now, instead of court action ( she only takes people to court when she thinks she will get judgement by default), she passes it on to a DCA. However, she doesnt realise that since there is no debt, the dca can be shooed away with a simple letter.

[newtothismalarkey]

Thanks for that. I think I will write and tell them that TK Maax violated my human rights and the police also think so (not coming after me) etc and get myself removed from their database.

[renegadeimp]

No. I would advise to just ignore them. Don't go saying things about human rights as you wont get very far with it. If you respond, then she will mark you as a potential gullible 'victim' and will step up the harassment campaign. That is what she does. She believes that continued harassment and pressure means you will crack and give her money.

 

The absolute last thing you want to be doing is playing letter tennis with RLP.

[newtothismalarkey]

Ok, points taken. I will ignore then. Cheers for your info, much appreciated.

[LoopyLou2]

Thank you newtothismalarkey, I really regret what I did (at the time justified it in my head that I was returning their goods, albeit under a different transaction) and wish that I could turn back the clock.

 

I will not return to the store.

 

Do you think they will come looking for me as they did ask for my surname and postcode or will this again be used as another flag in their system? I can't eat, can't sleep, I have been so foolish :0(

Edited July 25, 2013 by LoopyLou2

[newtothismalarkey]

If you haven't been contacted by the police, I doubt they will do it now. I would never return to the store if I were you, they now have your credit data, house information and photo which will probably be in the store security office on the wall / computer. If you stay away, you will be fine. My problem was I did this more than once (wasn't well at the time and justified it to myself) so I got caught exiting as they had flagged me in their system. Get some sleep and just don't ever go back again, I'm sure you can live with that.

[LoopyLou2]

Thank you.

 

Maxxer are you still available to comment, your experience would be much appreciated?

 

I don't have enough posts to message Maxxer but if anyone can message him to ask if he can assist with my situation then that would be appreciated. Old Bill if you are also available then it would be appreciated.

 

Thank you

Edited July 25, 2013 by LoopyLou2

[Pegster10]

Hi Loopylou. I was stupid enough to do something similar myself the other day and now I'm terrified I'll get a visit from the police. Has anyone contacted you yet?

 

God knows I'll never so much as eat a grape at sainsburys again.

[renegadeimp]

Police wont get involved unless sainsburys alerts them. Simple as that. Please start your own thread with as much info as possible.

[maxxer]

Guys,

 

Very sorry, I haven't been around here for aaaaaages.

 

Refund fraud used to cost tk's millions each year. For some reason people used to buy branded product from tk's, and bring back any old tat, having removed the price ticket and attached it to the tat.

 

Sometimes the store would notice at the time of refund, and refuse it, sometimes they wouldn't, and loss prevention would notice, or a manager would notice that it wasn't a brand that tk's did (like f&f is a tesco only brand)

 

Tk's will always require 2 'offences' to be present - so when you bring back your dodgy old item with the hugo boss ticket attached, and loss prevention notices, then that's 'one offence'. They wait for another one, to stop people claiming it was a mistake (or it actually being a genuine mistake).

 

Finding offences is simple. You bring back an item, and refund it. LP simply look up the original receipt details on the system, and look at the purchase footage. Does the blue shirt you brought back, match the item you purchased on camera?

 

If it doesn't, then the investigation begins - burning footage, exhibiting items etc.

 

If they never ever come back, the case is simply filed.

 

If they come back, the same process is done again - refund and sale cctv pulled, and matched up - do the garments refunded match those purchased.

 

Cards used to be flagged, and it doesn't matter if people used false names / addresses, as once the police were involved, they simply asked the bank for addresses.

[renegadeimp]

Unfortunatley the police cant simply ask the bank. The police would need permission off the account holder or a court order granting them permission to get the details.

[maxxer]

It would seem, googling around, that they can either get a court order, or simply ask the bank as they have an exemtion under dpa to.

 

Some have a ripa form to fill in it seems, inspectors authority, and have a single point of contact in the force to ask.

 

None of these forms ask for a specific court order.

 

As for asking the account holder 'hi, its pc plod here. I'm investigating you for thousands of pounds of refund fraud from a shop. Could you just give me permission to get your bank to tell me your address........ Click.

Hello? Hello ?

 

Or he won't be able to hear them, over the noise of the shedder.......

[renegadeimp]

TO get any info on an account holder from a bank, the police must provide the relevant documentation to enable the bank to release the information under the DPA. It must be signed by the account holder. This is usually asked for when the person is under arrest at the police station.

 

The other alternative is that the police must gain a court order, but to get this they must prove that the offence is serious enough to warrant such an order. Unless youa re talking about an extreme case of shoplifting, or hundreds/thousands of pounds of goods, you are unlikely to get said order.

[maxxer]

It must be signed by the account holder.

 

This barrister seems to think differently:

 

http://www.justanswer.com/uk-law/4xbg6-police-access-someone-s-bank-account-suspect.html

[renegadeimp]

Barristers can think what they like. My brother has been on the recieving end of such a story, except his was an accusation of Obtaining money by deception ( was not guilty). The police told him to sign a form that allows them to contact the bank manager and gain access to the account. If he failed to sign, they would have to obtain an order from a magistrate.

 

This was around 8-10 years ago, but uinless the law was quietly changed......