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Old 08-05-2012, 08:17 PM   #1
Igotnothing
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The other day I received a letter from Zellers in regards to my daughter and some shoplifting. At the time, she was actually caught by a police officer, it was talked over and she was allowed to leave on the condition she not go back to that mall for a year or any zellers for a year. Fast forward to Friday and the letter is informing me they want me to pay $600 and change for some nonsense fee name. I forget exactly what it was called, apparently it's actually a bargain compared to what this theft actually 'cost' them.

Anyway, I remember reading about someone having something similar pop up. My instinct is that this is a scam, and I remember the advice being similar in nature for the thread that's hazy in my memory. What is the appropriate response to this letter?
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Old 08-05-2012, 08:19 PM   #2
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I would just ignore it.
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Old 08-05-2012, 08:20 PM   #3
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It's simple actually. If you want to verify this letter just call the head office and/or the Zeller's store in question. Inquire about it. Good luck with the whole daughter thing.. I was young once and also had a penchant for nimble fingered fun (and we're not talkin' dirty here!!).

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Old 08-05-2012, 08:21 PM   #4
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Originally Posted by Igotnothing View Post
The other day I received a letter from Zellers in regards to my daughter and some shoplifting. At the time, she was actually caught by a police officer, it was talked over and she was allowed to leave on the condition she not go back to that mall for a year or any zellers for a year. Fast forward to Friday and the letter is informing me they want me to pay $600 and change for some nonsense fee name. I forget exactly what it was called, apparently it's actually a bargain compared to what this theft actually 'cost' them.

Anyway, I remember reading about someone having something similar pop up. My instinct is that this is a scam, and I remember the advice being similar in nature for the thread that's hazy in my memory. What is the appropriate response to this letter?
Do you mean general scam or 'scammed' by Zellers when you thought the deed was taken care of.

I would start by contacting Zellers or the writer of the note.
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Old 08-05-2012, 08:21 PM   #5
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Now, I'm no lawyer, but it seems unless it's a actually a court decision to pay, then it's just a nice letter requesting you give them money. Of course they may just end up taking you to court if you don't pay, but that's a risk you may be willing to take.

It's probably just the loss prevention dept trying to recoup some of the costs resulting from the theft. Probably worth a shot on their part.
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Old 08-05-2012, 08:22 PM   #6
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Just be patient, they are closing all Zellers locations.
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Old 08-05-2012, 08:25 PM   #7
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Many department/grocery stores send ‘demand letters’, demanding that the shoplifter pay money related to store security and surveillance. If a child is caught shoplifting, the demand letter will typically be sent to the parents.

The amount demanded is typically between $225.00 and $325.00. Retailers collect millions of dollars each year using these letters.

Demand letters contain threatening language, such as: “If you don’t pay, we will seek damages, as well as interest, legal fees, and other expenses as determined by the court.”

While intimidating, these letters are empty threats.
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You might be asking, “Do stores ever get awarded money after going to court?” Short answer: yes, but very rarely (and only in limited circumstances).

Consider Overwaitea Food Group v. Aida Sarroca (18 October 1996), Surrey Registry No. C34195, BCPC. Here, Overwaitea was awarded $2,490.69 to compensate for $125 in stolen cash and $2,356.69 in surveillance costs. While scary to consider, this was not a typical shoplifting case. Here, the theft was committed by a store employee over a period of time.

Also consider Hudson’s Bay Co. v. White (1997), 22 O.T.C. 366. Mr. White shoplifted gloves worth approx. $200.00, which were retrieved. The Bay claimed over $2000.00 in security-related costs and punitive damages (damages intended to punish). In the end, The Bay was (oddly) awarded $300.00 in punitive damages for trespass (Mr. White entered store for unauthorized purpose of shoplifting). While the Court did not explain the reason for the punitive damages, it did say that the cost of fighting crime was borne by everyone and could not be recovered on an individual basis in Small Claims Court.

Law aside, ask yourself this: if someone ‘owed’ you $300.00, would you spend $2,000 or more in legal fees to get it? Probably not, right? Quite frankly, that would be stupid.
http://www.castanet.net/news/Law-Mat...eated-unfairly

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Toronto legal aid lawyer Martha MacKinnon, who has seen hundreds of the demand letters, said it's legal for the companies to ask for the money, but she tells parents they don't have to pay.


"The heart of the issue — is there an order by a lawful court that says you must pay, and there isn't. So our advice is you don't have to pay anything until there is."

MacKinnon considers the tactic bullying and intimidation.
http://www.cbc.ca/news/story/2010/06...g-charges.html
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Old 08-05-2012, 09:28 PM   #8
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Zellers will be dead by March 2013. My advice is to laugh at the people who sent you the letter for being out of a job soon.
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Old 08-05-2012, 09:44 PM   #9
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What to do? Igotnothing.
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Old 08-05-2012, 09:45 PM   #10
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If I recall correctly, Zellers has itself attempted to litigate one of these only to be laughed out of court.
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Old 08-05-2012, 10:49 PM   #11
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Send a letter thanking them for their offer to "do business" and politely decline. Inform them that any further act to request/solicit money will be ignored.
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Old 08-05-2012, 11:28 PM   #12
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With the overpriced junk Zellers tries to sell you should write them back telling them your daughter was doing them a favor. Less junk for them to liquidate or haul to the dump.

Next up London Drugs...
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Old 08-06-2012, 12:01 AM   #13
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Probably letting the cat out of the bag, but as a retail store owner I can tell you that these are considered gravy if paid, though rarely are. While suing is an option for them should you say no, I've never heard of it happening. It's frustrating as hell to pay for security because of shoplifters, so it's natural to expect them to cover the cost.

Having said that, I wouldn't pay it if I were you
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Old 08-06-2012, 12:07 AM   #14
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Was at the Zellers here in Prince Albert the other day, looking at the deserted and outdated electronics section. 700 dollars for a 32 inch LCD TV? Lol hell no. Target is doing Canadians a favor by taking over this lousy chain.
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Old 08-06-2012, 12:21 AM   #15
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If I recall correctly, Zellers has itself attempted to litigate one of these only to be laughed out of court.
http://casebrief.wikia.com/wiki/D.C.B._v_Zellers_Inc.

" there was no general rule that parents were liable for the torts of their children. Parents could only be liable if they were in some way negligent or had committed a tort in their personal capacities"
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Old 08-06-2012, 07:06 AM   #16
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Don't pay it but show your daughter the letter and say you paid it for her but she has to pay you back. Garnish some of her allowance/wages until it is paid off. A little extra lesson.

And, because lying to your kids like this isn't that cool, you could save the money she gives you for post-secondary school books or something.
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Old 08-06-2012, 09:37 AM   #17
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Zellers will be dead by March 2013. My advice is to laugh at the people who sent you the letter for being out of a job soon.
Really? Laugh at people because they will be unemployed soon by no fault of their own?

The rest of the advice here is pretty good. Don't have to pay, but don't forget to hold your kid accountable!
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Old 08-06-2012, 09:48 AM   #18
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Don't pay it but show your daughter the letter and say you paid it for her ......
Lying, yes that's a great role-modelling for your children.
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Old 08-06-2012, 10:26 AM   #19
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I wouldn't mind telling my kid a white lie to re-enforce that they didn't get away with shoplifting and there are consequences for their actions.

In a few years the money she paid can be used for something positive. Or bail.
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Old 08-06-2012, 10:27 AM   #20
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You certainly do not have to pay, but might be a good lesson for your daughter to earn that money and donate it to kids that actually need some help.
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