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what are my rights

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hi can you can help me know my rights i went shoping today with a freind and i wanted gloves i went in primark and was wearing a scarf purchased from there about 1 week earlier we left went to anot… Read More
kylejohns Avatar
7y, 7m agoPosted 7 years, 7 months ago
hi can you can help me know my rights i went shoping today with a freind and i wanted gloves i went in primark and was wearing a scarf purchased from there about 1 week earlier we left went to another shop and i was grabed by a secruity guard acusing me of stealing the scarf i was wearing i said sorry think you got wrong guy and he made me take it off and kept acusing me of stealing it i said check your cameras he said well ill let you off this time if you steal agein ill have you what are my rights on this as he was toataly out of order and embarsed me makeing me out to be a theif in frunt of another shopkeeper
kylejohns Avatar
7y, 7m agoPosted 7 years, 7 months ago
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#1
... Make a complaint?! Seems a simple suggestion?! Send them a WELL WRITTEN letter and demand both an apology and compensation. It works.
suspended#2
Security need to witness you pick up the scarf and attempt to walk out of shop without purchasing.

They obviously hadn't which is why the didnt call the police.
#3
If he he had detained you then you could have had a claim for wrongful arrest -

I would contact the store manager and explain your feelings...
If you get no-where contact head office.

As for your rights - you are innocent until proven guilty.
#4
Security would NEVER let you off if they thought you really had stolen the scarf. You need to complain to the store manager, and higher up in Primark too, that is scandalous. You should also make them send the security guard to the shop he grabbed you in, and tell the shopkeeper that you werent a thief. Grrr stuff like that makes me so angry!
#5
myself , i wouldnt have admitted to shopping at Primark :p
#6
I feel for you, had a similar experience taking something back to Matalan! Changed my mind when I saw the queue at the checkout. When I went to leave the shop the security stopped and searched me! Had the receipt of course, but the feeling is awful!
True, they can't do anything to you as they should have you on camera coming into the shop.
All you can do is make a formal complaint to make you feel better, I let it go even though I was livid:x


Just read your post again, did the jobsworth keep your scarf?
[mod]#7
What do you want as an outcome?
#8
baffledsalmon
... Make a complaint?! Seems a simple suggestion?! Send them a WELL WRITTEN letter and demand both an apology and compensation. It works.

:whistling:
[mod]#9
baffledsalmon
... Make a complaint?! Seems a simple suggestion?! Send them a WELL WRITTEN letter and demand both an apology and compensation. It works.


To get compensation you need to show you have suffered a loss. The OP has not suffered loss so she is no way entitled to compensation.

All the OP is entitled to, at best, is an apology.
#10
magicjay1986
To get compensation you need to show you have suffered a loss. The OP has not suffered loss so she is no way entitled to compensation.

All the OP is entitled to, at best, is an apology.


Loss of dignity. :)
#11
If they kept the scarf, well, that's theft. Maybe with menaces?:?
#12
"embarsed me makeing me out to be a theif in frunt of another shopkeeper"

Was it as embarseding [sic] as your spelling and grammar? :whistling:
[mod]#13
Met-Cast
Loss of dignity. :)


Loss of dignity? That was lost when she walked in to Primark.

Plus, dignity isnt actually quantifiable. You do not get compensation for "loss of dignity".
#14
Met-Cast
Loss of dignity. :)


Nah they done that with "embarsed" and "frunt.
#15
This is awful - I actually thought about this last week. I too went into primark wearing a scarf previously bought there and the thought did cross my mind - what would I do if they accused me of stealing it? How embarrassing for you.
#16
i got my scarf back and im a guy lol thanks for help im just so angery and yes my spelling is rubbish
#17
Bless you :thumbsup:
[mod]#18
kylejohns
i got my scarfg back and im a guy lol thanks for help im just so angery and yes my spelling is rubbish


All you deserve/entitled to is an apology. Personally, I wouldnt feel the apology was worth the paper was written on. See it as an experience.
#19
If the guard grabbed you then that is common assault in itself.
#20
defamation of character....you def have a case.
[mod]#21
Shyner
defamation of character....you def have a case.


The courts would not tolerate a claim such as this and nor would a solicitor.

Very few cases of defamation of character are taken to court. Trust me.

The OP doesnt have a claim in this respect. The security guard in their position believed the OP has stolen a scarf and approached him.

They didnt know they were a thief so they based their decision of the OPs "character" on a genuine suspicion. To prove a case of defamation of character you must be aware of someones "character" before you make a statement against it.
#22
Write to head office, you might get a voucher or something.
If you are lucky, otherwise just accept it as something that has happened and move on.
#23
the loss of something valuable is stupid, u could make a claim without losing something valuable. for example tripping on something or maybe the security guard emotionaly harming you. stress is a good one :D

im sure head office will just give u a giftcard though
#24
OP, send primani a cheque and a written apology and try not to steal again:thumbsup:
[mod]#25
golemsmate
the loss of something valuable is stupid, u could make a claim without losing something valuable. for example tripping on something or maybe the security guard emotionaly harming you. stress is a good one :D

im sure head office will just give u a giftcard though


Emotionally harming you? Are you kidding me? You can sue for emotional distress but it is much more complex and doesnt include just embarrassing someone.

Yes, you can get compensated for "tripping". That is damage for personal injury.

This matter is not worthy of any solicitors time.

OP - Come instruct me, tomorrow. I will charge you £144+vat an hour and then recover you a £10 gift card for Primark.
#26
The security guard should have taken you one side and spoken to you in private - not the doorway so I say go for it and complain.

The security guard will probably be sacked for doing what he thought was right and be on the dole for xmas with no money to buy a prezzy for his kids -
And you can sit there in your scarf with a warm glow knowing you have your dignity back :p

:santa:
#27
magicjay1986
All you deserve/entitled to is an apology. Personally, I wouldnt feel the apology was worth the paper was written on. See it as an experience.


What? Make sure you are not wearing any clothes from a shop you are about to enter?? :?

I would certainly write to head office and expect an apology....if they send you something else then that's a bonus .....but at the very least they should talk to/retrain the guard!
#28
i had a prob before once in primark i was followed the whole time felt so self conscious and really intimidated i called head office and made a complaint and was send £50 vouchers and a letter apologising , I would defo give them a ring
[mod]#29
hannah19790
What? Make sure you are not wearing any clothes from a shop you are about to enter?? :?

I would certainly write to head office and expect an apology....if they send you something else then that's a bonus .....but at the very least they should talk to/retrain the guard!


No, an experience on how to deal with an issue effectively (and being diplomatic) without being intimidated.
banned#30
magicjay1986
No, an experience on how to deal with an issue effectively (and being diplomatic) without being intimidated.


and how exactly would the op do that after being grabbed by a security guard in front of other customers?

If the op was actually 'grabbed' by the guard then that could quite possibly be assault
[mod]#31
colinsunderland
and how exactly would the op do that after being grabbed by a security guard in front of other customers?

If the op was actually 'grabbed' by the guard then that could quite possibly be assault


In my line of work you always listen to both sides of the story instead of just one. I suggest people do the same before forming a response they expect someone to rely on
banned#32
magicjay1986
In my line of work you always listen to both sides of the story instead of just one. I suggest people do the same before forming a response they expect someone to rely on


you didn't answer my question though, how would someone who had just been followed into another shop by a security guard, then grabbed by him and accused of shoplifting deal with it diplomatically and without being intimidated? I would suggest most people would feel intimidated in a situation like that.

Unless you are expecting the security guard to come on to give his side of the story, then in a thread such as this, you are only going to get one side and if the OP has lied then advice given will most likely work against him.
[mod]#33
colinsunderland
you didn't answer my question though, how would someone who had just been followed into another shop by a security guard, then grabbed by him and accused of shoplifting deal with it diplomatically and without being intimidated? I would suggest most people would feel intimidated in a situation like that.

Unless you are expecting the security guard to come on to give his side of the story, then in a thread such as this, you are only going to get one side and if the OP has lied then advice given will most likely work against him.


I answered your question. Dont rely on anything said unless you have both sides of the story.

Yes, the security guard isnt going to come on here. We have a poorly detailed statement from the OP. Nothing more. How can we rely on that without both sides of the story? You cant. Ask Primark for an apology if it really means that much.

The "grab" could have been a tap on the shoulder or not even a grab at all.

By a security guard "grabbing" you then there is every chance a person could stay calm and answer their accusations if it simply was a genuine mistake. The whole story could have been blown out of proportion. You/we dont know for definite.

I advised and corrected people on what the OP is entitled (or more to the point, not entitled) to.

Next time they are encountered by a security guard in these circumstances they will be geared up to know how to deal with the situation.

At the end of the day, the security guard was doing their job. Without knowing for definite, it may have been poorly conducted.
banned#34
magicjay1986
I answered your question. Dont rely on anything said unless you have both sides of the story.


surely the Op has both sides of the story? They know they didn't steal anything, the guard said they did. How many other sides are there?

By a security guard "grabbing" you then there is every chance a person could stay calm and answer their accusations if it simply was a genuine mistake. The whole story could have been blown out of proportion. You/we dont know for definite.

I advised and corrected people on what the OP is entitled (or more to the point, not entitled) to.


How could you even start to do that without both sides?
You didn't mention assault either, which if the security guard even touched them, it would be, assuming he didn't make an arrest. If he did and there was no crime, then it would be unlawful, so again, something the OP could take further.

Next time they are encountered by a security guard in these circumstances they will be geared up to know how to deal with the situation.

At the end of the day, the security guard was doing their job. Without knowing for definite, it may have been poorly conducted.


It must have been, unless the OP did actually steal something. The SG shouldn't have stopped the OP unless he had actually seen him take the goods, and not stopped watching him until he left the shop. He should have followed SCONE (Selection, Concealment, Observation (no breaks), Non payment and Exit) and he obviously didn't in this case assuming the OP is being truthful.

FWIW if I were ever stopped by security I would just ignore them and walk away.
[mod]#35
colinsunderland
surely the Op has both sides of the story? They know they didn't steal anything, the guard said they did. How many other sides are there?



How could you even start to do that without both sides?
You didn't mention assault either, which if the security guard even touched them, it would be, assuming he didn't make an arrest. If he did and there was no crime, then it would be unlawful, so again, something the OP could take further.



It must have been, unless the OP did actually steal something. The SG shouldn't have stopped the OP unless he had actually seen him take the goods, and not stopped watching him until he left the shop. He should have followed SCONE (Selection, Concealment, Observation (no breaks), Non payment and Exit) and he obviously didn't in this case assuming the OP is being truthful.


Which you cannot confirm. Everything the OP said could be untrue. Thats the crux of it.
banned#36
magicjay1986
Which you cannot confirm. Everything the OP said could be untrue. Thats the crux of it.


nor can you, so what makes your advice correct over others?
As I already said, on something like this, you have to rely on the OP being truthful. If they are not then they are going to look pretty stupid following advice :)
[mod]#37
colinsunderland
nor can you, so what makes your advice correct over others?
As I already said, on something like this, you have to rely on the OP being truthful. If they are not then they are going to look pretty stupid following advice :)


I gave advice on legal matters. Such as people saying that the OP could sue for emotional harm, defamation of character etc. These are clear cut responses by their legal nature.

I do not have to rely on the OP being truthful and I wouldnt until I could get a proper statement from them and written by me. I have not called the OP a liar. I have just said that I would only rely on their facts when I could/would question them. You may think different to the way I do but I have been training to deal with these issues in a more thorough and professional fashion.
#38
magicjay1986
I gave advice on legal matters. Such as people saying that the OP could sue for emotional harm, defamation of character etc. These are clear cut responses by their legal nature.

I do not have to rely on the OP being truthful and I wouldnt until I could get a proper statement from them and written by me. I have not called the OP a liar. I have just said that I would only rely on their facts when I could/would question them. You may think different to the way I do but I have been training to deal with these issues in a more thorough and professional fashion.


Are you a fully qualified solicitor in law then?

Do you actually represent people and go to court/courts?

or do you work for some government body helping on legal matters?

Just interested in your background going on your replies :)

renagade27
[mod]#39
renagade27
Are you a fully qualified solicitor in law then?

Do you actually represent people and go to court/courts?

or do you work for some government body helping on legal matters?

Just interested in your background going on your replies :)

renagade27


I am a lawyer.

I represent real people (!) and go to court. County Court. I really enjoy my job.

Anything else you would like to know just ask away. :)
banned#40
magicjay1986
I am a lawyer.

I represent real people (!) and go to court. County Court. I really enjoy my job.

Anything else you would like to know just ask away. :)


If the sg did in fact grab the op what (in theory) would the op be able to claim for?

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