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Original poster

to not be sure if the shop assistant was right?

96 replies

worldgonemad72 · 02/01/2011 15:54

Hi

basically my mum bought a pair of boots from clarks, she got them home, recycled the box and put them in the shoe cupboard, she cant find the receipt. She came to wear them yesterday but they had given her 2 right feet.
she's been back today to see if they can swap it, the cashier asked her if it was a size 4.5 as they had one missing, mum said yes.
Anyway the cashier said as she didn't have the box or receipt she couldn't exchange them, so mum went to put them back in the bag she took them in but the casher said she couldn't take them incase she was making it up and had stolen them from the shop!.
My mum isn't very assertive so came away a bit teary and phoned me. They've kept both of the boots. ive told my mum to get a mini statement from the bank to take in to see if this helps.
Was the cashier correct or should my mum complain?

OP posts:
scurryfunge · 02/01/2011 16:15

It is a civil dispute over the transaction. The mother says she paid for it, sounds like the shop is saying she didn't. There isn't any dishonest appropriation. The police would definitely not take on any report of theft.

Tiredmumno1 · 02/01/2011 16:16

they have stolen them no ifs or buts about it.

well it teaches us all not to bother with clarks

TheMonster · 02/01/2011 16:17

That's appalling.

PinkElephantsOnParade · 02/01/2011 16:17

It is theft. Clarks have stolen the Ops mum's property. She has paid for the boots. Clarks have no reason to say they were stolen and they took them.

scurryfunge · 02/01/2011 16:17

Agree it teaches us not to bother with Clarks but you are on a sticky wicket calling it theft.

PinkElephantsOnParade · 02/01/2011 16:18

OP, if your mum has a statement showing the transaction that should be good enough as proof of purchase.

lisad123isasnuttyasaboxoffrogs · 02/01/2011 16:19

they cant accuse her of stealing with no proof and had no right to take boots off her, thats terrible!!

PinkElephantsOnParade · 02/01/2011 16:19

scurry - so what is your definition of theft?

classydiva · 02/01/2011 16:20

YOur mother should complain, ring the manager yourself, its disgusting. You dont need a receipt to return or exchange faulty goods

mamatomany · 02/01/2011 16:21

Theft is the intention to permanently deprive somebody of their property, which the assistant has.

Tiredmumno1 · 02/01/2011 16:21

They had no right to keep the shoes, they should have looked at the cctv.

so clarks have had money for them and they have the shoes back to sell on, why the poor ops mum is out of pocket, it is terrible customer service.

they will look daft when she proves it

StealthPolarBear · 02/01/2011 16:22

getting on this thread - OP please let us know how it goes!

scurryfunge · 02/01/2011 16:23

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

It won't be regarded as dishonest appropriation if he appropriates the property in the belief that he has in law the right to deprive the other of it.

Clear as mud Grin

bandgeek · 02/01/2011 16:26

That's shocking! Shock Your poor mum.

Let us know what happens OP

scurryfunge · 02/01/2011 16:26

If you believe that Clarks have a scam going in order to fool their customers into parting with two left feet shoes, then it may be fraudulent at a push.Grin

SharkSlayer · 02/01/2011 16:31

This reply has been deleted

Message withdrawn at poster's request.

PinkElephantsOnParade · 02/01/2011 16:35

Clarks had no reason to believe the OPs mum stle the shoes or they would have called the police.

Therefore they had no good reson to keep the shoes and therefore have stolen them.

Just as you might accuse me of stealing if i took your shoes off you saying "I have a pair like that I think you nicked them off me"

FrameyMcFrame · 02/01/2011 16:37

Yes, heads must roll over this!

scurryfunge · 02/01/2011 16:43

Clarks will have the belief that the shoes belonged to them -it could have been easily resolved by checking receipts, stock control, CCTV or whatever. Clarks have been stupid but not thieves. It is all about the intent.

ISNT · 02/01/2011 16:45

God this is really awful. Please take them to task over it, and come back and let us know what happens.

I can't believe that they

Sold her two right shoes
Accused her of theft
Took them away from her

It's really shocking. Shitto customer service to the max.

ISNT · 02/01/2011 16:46

Yes please let us know what happens. Basically they bullied your mum and accused her of being a criminal. Not what you expect from a high street store Hmm

PonceyMcPonce · 02/01/2011 16:48

This reply has been deleted

Message withdrawn at poster's request.

IAmReallyFabNow · 02/01/2011 16:48

So they have your mum's money and the boots to resell Hmm.

Clarks are rubbish ime. Shame I already boycott them.

SkyBluePearl · 02/01/2011 18:31

i was given two left shoes in clarks once and got the shoes changed without showing a reciept.

can you ring the store and then headquarters (google number)on her behalf. She will have a bank statement to prove everything and taking the shoes fromher is effectivly theft.

SkyBluePearl · 02/01/2011 18:35

did she note who served her and what they looked like?

Only ever bad service from clarks to be honest. Telling me shoes were water resistant when they clearly weren't, selling me shoes that fell apart, seeling me odd shoes and ineffective managment when I've spoken up.

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