UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

Following a long period out of work I got a temporary xmas…

Customer Question
Following a long period out...
Following a long period out of work I got a temporary xmas job in Argos. I was suffering extreme hardship and resorted to stealing items to sell on. I was caught and arrested. I handed to the police everything i had taken, all be it out of the original boxes, and was given a police caution.
Argos are now pursuing a civil recovery case through RLP for the full retail price of the goods stating that because the original packaging was not available the goods were not fit for resale.
If i pay their demands then am i entitled to the goods or should i argue that i should only be liable for the cost value of the goods
Submitted: 8 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 8 minutes by:
6/11/2010
Solicitor: Ben Jones, UK Lawyer replied 8 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 51,178
Experience: Qualified Solicitor
Verified

Hi

 

What does their full claim amount to?

Ask Your Own UK Law Question
Customer reply replied 8 years ago

The full details of the claim were:

 

Value of unrecovered (or unfit for resale) goods/monies/services £1003.95

Staff/Management time investigating and/or dealing with incident £ 50.00

 

Totalling 1053.95

 

I argued that one item was returned in full packaging and they agreed to deduct that item from the end total.

 

They are now claiming a total of £943.95

 

Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,530
Experience: Over 5 years in practice.
Verified

 

You are not entitled to the goods.

 

But they will have to prove that they were not fit for resale which is pretty rare with shoplifting. They won't get their staff fees.

I don't know what they are saying that you stole but its very unlikely the court will accept that you did that amount of damage.

Ask Your Own UK Law Question
Customer reply replied 8 years ago
The only damage whch they are claiming makes the good unfit for resale is the fact that they do not have the packaging. The goods themselves are in factory unused condition
Solicitor: Jo C., Barrister replied 8 years ago

 

Thats not going to succeed at court.

 

They may get the cost of repackaging from you but not the full amount of the product.

 

They don't often take action arising from these letters.

Ask Your Own UK Law Question
Customer reply replied 8 years ago

Ok Thanks

 

So as it stands the last letter from the civil recovery company states that they will no longer correspond with me over the matter and if i do not settle/arrange terms within the next 21 days then the next course of action will for them to apply for a summary judgement based on the fact that my defense has no legal basis and therefore no likelihood of success.

They state the client (argos) is prepared to issue court proceedings which will add to my debt with court costs and interest accruing on a daily basis at 8% per annum.

 

They state i have 3 options which are

1 pay the debt

2 set up a repayment plan

3 write asking for the matter to be tried by a civil court judge

 

What should be my course of action. Ignore them totally or ask to be tried in court ?

 

Solicitor: Jo C., Barrister replied 8 years ago

 

It depends how much risk you want to take.

 

But I would write back telling them that I don't believe I'm liable and invite them to sue.

Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,530
Experience: Over 5 years in practice.
Verified
Jo C. and 87 other UK Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago

As a quick follow up to this I have just discovered that Argos run an EBay clearance shop where they sell end of catalogue items as well as used returned refurbished items.

In the info section they state that all refurbed goods are sold in original packaging unless stated.

So if this is the case, does the fact that they are claiming i owe full retail value of the goods because the are unresaleable because they were used and not boxed have very little standing in any proceedings as they do sell used and unboxed item as part of their business ??

Solicitor: Jo C., Barrister replied 8 years ago

if they got the item back then they will not be able to claim for the full value anyway.

 

they may be entitled to the difference between the actual sale value and the amount that they sold for.

Ask Your Own UK Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jo C. Your Own Question
Jo C.
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,530
71,530 Satisfied Customers
Experience: Over 5 years in practice.

Jo C. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

51,178 satisfied customers

Qualified Solicitor

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,760 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,513 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,177 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
I was caught shoplifting in Debehams today. This is my first
I was caught shoplifting in Debehams today. This is my first offence and have been in trouble with the law before. The security guard took me into a holding room and said I was on cctv stealing goods … read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
Hi, I was caught shoplifting and was told it was classed as
Hi, I was caught shoplifting and was told it was classed as refund fraud. The police was called and I paid back the items worth as well as a fine from the RLP. The officer gave me a 'warning' and said… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
Is there any law against selling on an item I have bought (at
Is there any law against selling on an item I have bought (at full retail or sale price) on my shops website, without the original supplier or retailer's permission? I wouldn't be passing it off as my… read more
Senior Partner
Senior Partner
Bachelor's Degree
5 satisfied customers
My question is similar to one already on here. I purchase lots
My question is similar to one already on here. I purchase lots of things from TK Maxx both for myself , my disabled daughter and my elderly mother. I was stopped the other day by TK Maxx security and … read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
Dear SIr/ MAdam, Yesterday me and my close relative went
Dear SIr/ MAdam, Yesterday me and my close relative went shopping we have purchased items for the total amount of £140.00 she asked me to pay by credit card so she will give me a cash so I can pay to … read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
My partner has recently been arrested on £20,000 retail price
My partner has recently been arrested on £20,000 retail price of stolen goods from his previous employment. A friend was also involved in helping him steal who still currently works at that workplace.… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
I was caught shoplifting a few days ago from Debenhams. The
I was caught shoplifting a few days ago from Debenhams. The security guard took me into a room in the back of the store where they checked my possessions and found several other items from others stor… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
I very stupidly decided to steal item from TK MAXX.I stole
I very stupidly decided to steal item from TK MAXX.I stole gloves worth £7.I was caught and the police were called,but they have not taken me to the police station as I have admitted that i have done.… read more
Joshua
Joshua
Lawyer
LL.B (Hons), Prof. Dip. Law & Pract
14,181 satisfied customers
Dear Sirs In July I was caught shoplifting in Tescos, they
Dear Sirs In July I was caught shoplifting in Tescos, they called the police and received their goods back.. I was taken to The Police Station and treated well and after an invterview was issued with … read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
Your advice would be most welcom. I was caught shoplifting
Your advice would be most welcom. I was caught shoplifting from B&Q the other day. Okay, silly thing to do, but without going into a long description of the circumstances, it is a fact that I did atte… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
I bought a playcentre for my son in April 2005 for 399.99
I bought a playcentre for my son in April 2005 for £399.99 from Argos. It was for the age range 3-12 years and I expected it to last until my son was 12 in 2015. In Dec 2009 we were notified by the ma… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
hi.. ive been involved in a incident in boots store 4 days
hi.. ive been involved in a incident in boots store 4 days ago for shoplifting(so they say) but i had no intention whatsoever to conceal the item.it was a genuine mistake but they didnt believe me.wou… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
I GOT CAUGHT SHOPLIFTING A YEAR AGO AND GOT A CONDITIONAL DISCHARGE.
I GOT CAUGHT SHOPLIFTING A YEAR AGO AND GOT A CONDITIONAL DISCHARGE. I HAVE BEEN CAUGHT AGAIN, WHAT SORT OF TROUBLE AM I IN? £100 worth of goods first time and £19 latest time… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
i received a letter today stating that i have to pay back a
i received a letter today stating that i have to pay back a sum of £2,863.33 to civil recovery specialists wich is to be payed in the next 21 days, i have not been charged with anything and in my eyes… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
The other day I was caught shoplifting from Primark to a vaule
The other day I was caught shoplifting from Primark to a vaule of £20. Although I am not excusing my actions, I did not go into the shop intending to steal, i actually purchased from the store as well… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
3,000 satisfied customers
my friend got caught for shop lifting 12 worth stuff. Notice
my friend got caught for shop lifting 12 £ worth stuff. Notice given for intended cicil recovery. what will happen to him ? does it go to CRB… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
i was caught trying to buy a product for a cheaper price. They
i was caught trying to buy a product for a cheaper price. They have passed everything onto a company called RLP for civil recovery. What will happen?? They said i would receive a letter stating i will… read more
Jo C.
Jo C.
Barrister
Master's Degree
71,530 satisfied customers
Dear Sirs/Madam.On the 11 october08. I priced fixed a bag
Dear Sirs/Madam.On the 11 october08. I priced fixed a bag which was worth£59.99.I changed the price to about £24.99.I was taken back into the store. I felt the security man was sni**ering at me. This … read more
Samuel Hunton
Samuel Hunton
-
Vocational, Technical or Trade Scho
186 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x