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Wrongfully accused in Leroy Merlin

Posted: Tue Nov 22, 2022 8:30am
6 replies276 views9 members subscribed
Dinx

Posts: 3

Location: Duquesa

Joined: 18 Jul 2022

Something awful happened to my husband and I tonight. We were in Leroy Merlin in Malaga and were taking wallpaper samples from open packs to take home as we are decorating our holiday home. 

We walked around the shop with the samples and gathered some other items to buy. We were queuing to pay at the till and my husband said he was going to go to the car with the samples and my jacket. On the way out he got stopped by security. He doesn’t speak Spanish and by the time I spoke to him on the phone and went to the security office he had been frisked and was being accused of theft. They were only wallpaper samples! I tried to explain when I found what had happened, that they were only samples but the security said they were too big to be samples! They must have been no more than a couple of repeats long!  So no more than 50cm. When i tried to explain to security he said it was too late as the police were coming and we’d have to go to court.

The police gave us a court date in February and said my husband has come back to get fined by a judge. They made my husband sign something too.  We asked if this was criminal record and they said no. 

Anyway long story short we’ve been treated awfully by Leroy merlin and was wondering if anyone has some advice about what to do and how serious this is. They assured it was nothing just a fine but I’d appreciate any advice anyone can give? Muchas gracias. 

Holaitsdavid

Posted: Wed Nov 23, 2022 12:23am

Holaitsdavid

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Posts: 1053

381 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Wed Nov 23, 2022 12:23am

"We were queuing to pay at the till and my husband said he was going to go to the car with the samples"

That was daft, 

"The police gave us a court date in February and said my husband has come back to get fined by a judge. They made my husband sign something too"  I think you should get a consultation with an English-speaking lawyer. Who hopefully will set thing right with the store and the police, if you don't want him to go to court. 

Peter88

Posted: Wed Nov 23, 2022 10:26am

Posts: 4

2 helpful points

Location: Torremolinos

Joined: 25 Jan 2022

Posted: Wed Nov 23, 2022 10:26am

As already said it was silly taking the samples to the car without the things you had purchased, no real reason for it. But more importantly why didn't he or you get a member of Leroy Merlins staff to agree they were samples and that he was allowed to take them, after all the speak English?

I would go back to the store with the samples and with the jobs worth security get it agreed in writing that it was samples. Let the manager or similar know about court and unless agreed beforehand you will be looking for your costs. 

Again, get it in writing. Good luck!

Andrew14

Posted: Wed Nov 23, 2022 2:12pm

Andrew14

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Posts: 154

54 helpful points

Location: Vélez-Málaga

Joined: 26 Mar 2019

Posted: Wed Nov 23, 2022 2:12pm

As said not the wisest move to walk out the store with unstated number of large samples. Hindsight wonderful would have been so natural to ask when paying for your other goods, to ask "is it OK to take these"

Take this seriously, get legal advice. Surely you don't believe this "its only a fine", if it's a fine for theft it's a fine for a crime

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Holaitsdavid

Posted: Wed Nov 23, 2022 8:15pm

Holaitsdavid

Helpful member

Posts: 1053

381 helpful points

Location: Mijas Costa

Joined: 30 Mar 2021

Posted: Wed Nov 23, 2022 8:15pm

Peter88 wrote on Wed Nov 23, 2022 10:26am:

As already said it was silly taking the samples to the car without the things you had purchased, no real reason for it. But more importantly why didn't he or you get a member of Leroy Merlins staff to agree they were samples and that he was allowed to take them, after all the speak English?

I would go back to the store with the samples and with the jobs worth security get it agreed in writing that it was samples. Let the manager or similar know about court and unless agreed beforehand you will be looking for your costs. ...

...

Again, get it in writing. Good luck!

"As already said it was silly taking the samples"

Indeed, and not labelled 'free samples'. (Muestras gratis) Store samples. 

cjoncamp

Posted: Sun Nov 27, 2022 10:52am

Posts: 45

17 helpful points

Location: Torrequebrada

Joined: 21 Nov 2019

Posted: Sun Nov 27, 2022 10:52am

Were the sames pre cut or did you cut them off yourself, which may be the problem. 

If you think of your self as the vendor then that's stock they can not sell. 

I worked in decor retail and this was a huge problem but in the UK we didn't call the police. 

We had small samples at each roll for customer use 

Rene

Posted: Mon Nov 28, 2022 8:53am

Posts: 6

1 helpful points

Location: Cancelada

Joined: 9 Nov 2020

Posted: Mon Nov 28, 2022 8:53am

In the present case, it will be difficult to share your view of the matter.
Basically, it is annoying for every trader that parcels are opened and parts of the goods are taken as "samples". Opened parcels are difficult to sell. If one absolutely wants to take samples, this can only be done with the involvement of a person from the sales staff. Imagine if every customer were to help themselves to packaged goods and do so past the checkout... Afterwards, you can only try to contact the management of L.M. Malaga in the hope that they will withdraw the complaint against you, because if the matter is effectively brought before the court, L.M. will be represented there by a lawyer.

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