Retail Loss Prevention - Civil Recovery

[freedom35]

Hi,

Sorry if im posting this in the wrong place, im new and was not too sure on where to post this...

Anyway, a couple of weeks ago i was in TK Maxx, when i foolishly stole a wallet (value of £16) i know it was a dumb thing to do and not really sure why i did it, wasn't like i could'nt afford it, anyway i left the store and the security guard stopped just down the road and asked me to return to the store... I went back to the store, i admitted stealing the item and returned it.. the store contacted the police to see if i had any previous, i hadn't so they said the were not going to take it any further..

Couple of days ago i receive a Letterman from RLP civil recovery claiming that i they are claiming £137.50 from me for compensation for TK Maxx.

Can they do this? Anybody else had anything like this? What did you do?

Any info gratefully appreciated...


Thanks

[umbongo82]

This is waht their own website says:

Whilst theft is a criminal act, it is also a “tort” in civil law (delict in Scotland). There are civil law remedies available for the torts of trespass and conversion which arise from theft and damage.

A business invites its customers to its premises for the purpose of browsing and purchasing goods and services. When a customer enters premises to steal or damage goods or interfere with goods e.g. price swap or to procure services without payment, they are acting outside that purpose and are committing a trespass. Where goods are stolen this is also a conversion. Such acts are actionable in civil law.

A business employs staff to fulfil a specific role. Where staff steal or damage goods, or procure services without payment, they are similarly committing a trespass and conversion.

There is also contractual relationship between a business and its employees. There are usually specific terms in a contract of employment and there are further implied terms such as a duty of trust of confidence. These terms are breached where an employee steals or damages goods, or conspires to do so. Civil remedies are therefore available in both tort and contract where an employee causes loss and damage.

Where liability for trespass and/or conversion can be established, the wronged party is entitled to recover its losses which were foreseeable. Damages are available in respect of the goods damaged or stolen, and special damages are available for all other foreseeable consequential losses such as the cost of the disruption to the business, in investigation, security and administrative costs which naturally flow from the wrongdoing.

These are long established principles in common law (Judgments handed down by the Courts over hundreds of years). The principle was also reinforced by Parliament by the enactment of the Torts (Interference with Goods) Act 1977 (“the Act”). Both the common law and the Act provide for a wronged party to recover damages where there has been a conversion of goods (ie a theft), a trespass to goods, or negligence resulting in damage or loss to goods.

Any civil proceedings for recovery are entirely separate from criminal proceedings.
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If you returned the wallet, they're on pretty shaky ground.

[umbongo82]

Also have a look at this article, particularly the CAB's part of it:

http://www.guardian.co.uk/law/2010/dec/ ... or-against

[freedom35]

Hi

Thanks for that information, especially found the guardian article and the CAB input most reassuring.. Would anyone perhaps offer some advice on how to tackle this next.. Would it be better to write a letter to them contesting the fee, if so how should i go about wording such letter? Im not looking for someone to write it for me by the way, but i am completely new to this kind of thing and any help on wording and certain things to put in would be greatly appreciated...

Thank you

[umbongo82]

I would write to them, keeping it short, just stating that you reject their claim of compensation and wish to have the matter heard before a court. I would also ask them to provide a breakdown of the compensation, what it relates to and for them to provide evidence of how these costs arose. Make it abundantly clear that whilst you did take the wallet, it was returned immediately (presumably undamaged?) and therefore is no case to answer.

As the article says, they have never had a successful case heard and more probably have never even brought a case to court. They'll quickly back down.