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Wal-Mart and Supposed theft.

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J

Jsle

Guest
Hi,

I live in Oregon, and had done some (alot) of shopping at wal'mart. The Cashier failed to bag all of the merchendise that I paid for, upon noticing this I called and spoke with the store's manager. He told me there was no problem with returning to the store and getting the merchendise. (the merchendise in question is a sonic care toothbrush value of about 79.00).
I was in wal-mart the next week and picked up the toothbrush from the display. When I was finished shopping I went through a regular check-out isle and paid for everything excpt the toothbrush, and explained to the cashier, that I had spoke with the store manager and he was replacing the toothbrush for me.
She said that was fine, and I procceded out of the store. A loss prevention employee, stoped me just outside the first doors that leads to a semi lobby where there are games, phones, etc. She asked me to come in and I was detained in a room for about 1hr, before the police oficer arrived. I explained the situation and told her that if she would just call the management in question this would be cleared up, she refused. The officer did not write me a citation. He suggested that Wal- Mart, follow up with the store manager.
I have recieved 2 letters from wal mart since asking for a civil demand of 175.00..
My question is, that being as I fell I didnt shoplift anything! and I still dont have my toothbrush, so the truth is that wal mart stole from me. Can they legally make this demand? and having explained the situation, do you think that if i dont pay this ammount that they would persue me in court. The loss prevention woman said that I should have gone to the costumer service desk, and that is why I was datained, but why didnt she just tell me to come back in and head to Customer service with the toothbrush, I was not out of the store yet, just beyond the first doors. I did call the store manager the next morning to tell him about th incident and hopefully get him to clear it all up, he said he would have to look over the case, couldnt help me basically. I really would like to avoid going to court, I have no criminal record whatsoever, I just dont feel that I should pay this civil demand, and I also suppose that if I did that would be an admission of guilt, and as I said the authorities, have not cited me at this point. Please give me some advice.............


Jsle:confused: :confused: :confused: :confused: :confused:
 


R

rentertoo

Guest
dont know what to say.......

call your local TV station they have a consumer reporter who could mediate this dispute

And guess what??? you might be able to embarass walmart on tv...
 

JETX

Senior Member
I know you aren't going to like this one... but, you screwed up and now will have to work harder to fix it...

You should NOT have assumed that some clerk would be able to handle this and should have taken 'your' toothbrush to the manager first for resolution.

Now, you are going to have to return to the store and talk with the manager who you originally talked to and see if he/she can resolve this problem. If they do, be sure to get something in writing from him/her for your records.
 

dncr

Member
1. If you still don't have your toothbrush, what is the $175 for?

2. Do you have your receipt, showing the purchase? Bring it in to the store and insist on seeing the manager you spoke to the first time on the phone. Show him the receipt and remind him that you didn't get the toothbrush and still don't have it. Ask for a refund.

3. Write a letter to Wal-mart via www.planetfeedback.com explaining everything.

good luck...I'm not a lawyer, but that's what I'd do.
 
W

wramos52

Guest
Wal-mart Assumed theft

The first mistake you made was not going back with your Receipt and going directly to customers service. That fact that the Police Officer did not arrest you or give you a citation is a plus. I hope that you did ot sign a waiver or an admission.To some extent he belived your story. The dept store depending on ea. state statue for sholifiting and restitution can demand that much and more in some states. The Loss Prevention officer was acting based upon her observation, she saw a person take, remove and fail to pay for an item then attempt to leave the store. Based upon your actions and her observations, you shoplifted. By most states you do not have to leave the store in order to be apprehended and charged with shoplifting.

Call the store manager, arrange to come to the store on a Pre-arraigned date and time ith your receipt. This is importnat because as it stands you may be arrested for trespasing if you fail to get permsiion to enter the store. With the receipt explain the situation again to the store manager. If he did review the paperwork and agrees that is was a mistake. Request that the paperwork be given to you and that any other record be made known to you and how to recover it.

If they state that the cannot give you the paperwork pertaining to your apprehension, then request that you and the store manager submit a response and request a copy of the entire file along with your and the store managers response.

Good luck

In the future, go through customer service with the receipt and before you pick up the missing item.

Regards

Loss Prevention expert for 25 years
 

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