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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience:  Over 5 years in practice
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I was shopping in my local asda store a few weeks ago. At

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I was shopping in my local asda store a few weeks ago. At the till he cashier gave me several tokens to place in a charity type thing the store runs in which three local clubs can win money depending on who gets most tokens in their box. My rowing club were one of those clubs and that week we were rowing in the all Ireland rowing championships. I was telling the girl this and said make sure you tell everyone to put the counters in our clubs box. I put my few items in my bag and she handed me the small rub of counters and said here sure take these and save me the bother. I said ok and stopped to put them in on way out of the store. During this process I was aware that another asda worker was watching me. He came over and asked if I was finished with the tub. I said yes, finished putting the last few tokens in and left. I was thinking that the cashier might be in other now for handing out so many tokens.
At our club committee meeting last week a letter was read out about this incident in asda. I had had to leave early and didn't hear the content of the letter but one of the members called to my home afterwards and said about the club getting a letter from asda complaining about someone putting in multiple tokens. They gave the date and straight away I said that was me as I am seldom in the store but needed ingredients to make a cake as it was my nephews birthday. They went into tell me it couldn't have been me as asda said it was a whole scene created. I said it was definitely me but there was no scene. My husband called into the store and explained how I was distressed about this,we still didn't know he content of Assad letter. The manager said tell me not to worry as as far as he was concerned it was dealt with instore and the girl at the till retrained, he said he would get the girl that our club secretary and vice chair had spoken to regarding the letter to contact us. This was the girl who wrote the letter to the club. She also said as far as asda were concerned it was dealt with and the club wouldn't be given information from asda about who it was as they couldn't give out that information. As I knew how he event had taken place and k had gone nothing wrong I didn't mind who knew I was responsible for putting in multiple tokens as I had nothing to be ashamed of or hide. I spoke to the manager myself as the chairman of the club thr decided he would go into asda to identify who asda were referring to in the letter... The manager of asda told me again the situation was over and he wouldn't be discussing it again with these people from club and asda have dealt with it in house. The manager said he felt these club members were carrying out a witch hunt ... I still did not know he detail in the asda letter. Last Friday all committee members received the following email
Hi Everyone
It was agreed at the last committee meeting that John Magill and myself would contact Asda Larne as Club representatives to establish the identity of the individual referred to in their recent letter of complaint.
We have now completed this task and have established the identity of the individual referred to within the letter.
The next step is for the Committee to meet and discuss this incident. This will take place on Wednesday 21 September 2016 at 7pm at Larne Tennis and Bowling Club. Please note change of venue.
We will also send a separate communication to the individual involved, asking them to attend this meeting at 8pm with a view to representing their side of the complaint.
See you on 21st
Alison Holden
Secretary
A few of the committee contacted each other asking if we had received this email and did anyone know who it was. I told them it was me and told them s out what happened that morning, the girls all said that is certainly not the story asda are telling.again I was unaware of the full story asda were portraying as I had left the meeting early. I told the girls I had done nothing wrong and didn't mind anyone knowing what happened that day. They all knew and said that what these two asda workers were saying happened was totally against my character and clearly trying to protect their own position.
I then received my own email !!!!
Dear *****
At our last committee meeting we received a letter of complaint from Asda in relation to an incident which occurred in their Larne store on Tuesday 9 August 2016. The nature of the incident indicated that the individual involved was linked to Cairndhu Rowing Club.
Following further communication with Asda the individual referred to in the letter has been identified as yourself. Therefore, we would ask that you attend a meeting of the committee on Wednesday 21 September 2016 at 8pm in Larne Tennis and Bowling Club.
The purpose of this request is to allow you the opportunity to give your account of the incident to the committee.
Please let me know if you can attend.
Alison Holden
Secretary
Asda have told these people they cannot give out any details and that they don't know themselves who it was. The asda manager said Alison Holden rang the store and actually gave my name asking was it me. I have since discovered they were in the store the morning I went to speak to the manager and must have seen me talking to him. This is why the manager feels it's a witch hunt.
My response to my email was
Friday, 9 September 2016, Barbara Johnston wrote:
Dear *****,
Could you please forward me a copy of the correspondence from Asda. Also can you enlighten me about the incident and details you have been given during any communication with Asda.
Regards
Barbara
Eventually I received a copy of this letter asda sent. It has left me totally shocked and devastated.
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

So, in short, the rowing club have invited you to a meeting?

Customer: replied 4 months ago.
I am having trouble copying and pasting the letter from asda. Although they don't say who it is, I have been open with he club as the incident occurred as I described to you however Assad account from the two staff members is very defamatory and the girl Christine that sent the letter was t there, nobody was, and so they only were going on what the cashier said when she was challenged for giving out multiple tokens which as he manager said she was wrong for doing and has been retrained. I would like ads to withdraw these comments about events as they have no evidence other than this cashiers account and apologise for the problems this has caused. However I'm not sure if I'm entitled to ask this or if they are obliged to do this or if they were in the wrong to put it in the letter to the clubAlison Holden Cairndhu Rowing Club Cairndhu Boat House Coast Road
Larne BT40 2LR
Dear *****,
I am writing to you with reference to Cairndhu Rowing Club being on our Chosen by You, Given by Us green token scheme for the months of June, July, August 2016.
Unfortunately we had an incident in Store on Tuesday 9th August at approx. 11:36am in relation to your token tower.
A lady customer came through till 8 and after the transaction she complained to the till operator that she didn’t receive very many tokens to put into her club, she turned quite irate towards the till operator who felt intimated by the actions of the customer, the till operator reached over the tub of tokens and suggested for the customer to take as many tokens as she wished, (the operator should not have done this as it is against the rules), however the customer lifted the full box of tokens and proceeded to deposit them into Cairndhu Rowing Club’s token tower.
When the Runner was made aware of the incident he approached the customer asking for the remaining tokens and the box back stating that it was against the rules, he was told that I can do what I want and it is about time our club got something. She proceeded to empty the remaining tokens into her hand, give the box back and finish depositing the tokens into Cairndhu Rowing Club tower.
As you are aware this is against the rules for multiple tokens to be deposited into one charity box at any one time this incident was therefore brought to my attention to deal with.
I have discussed the matter with my store manager and we have decided not to take any further action other than making your club aware of the incident and that any further incidents or breakage of the rules could result in Cairndhu Rowing Club being disqualified and removed for the voting period.
I trust you will make other club members aware of this matter and wish you the best of luck for the remainder of the vote.
Kind regards,
Catherine McCallion Community Champion
Expert:  Jo C. replied 4 months ago.

Ok. So what is your question about this?

Customer: replied 4 months ago.
I want to know is it wrong for asda to put that info in letter to club about the incident with no proof? Can I ask them to retract it or apologise in letter to club as no proof etc
Expert:  Jo C. replied 4 months ago.

Which part of it is untrue?

Customer: replied 4 months ago.
I have been very open about the incident as there was nothing to report and can't believe how the cashier has told it. This letter has been read to the club as if this is how it happened and now they are asking me to explain myself when asda have written an account that they have no concrete evidence to say it's true other than what this employee has said when they challenged her for handing out multiple tokens .
Expert:  Jo C. replied 4 months ago.

So which part of it is untrue?

Customer: replied 4 months ago.
I was given a few tokens as all customers are. Our club is one of the three cha
Customer: replied 4 months ago.
The account by the cashier and runner
Expert:  Jo C. replied 4 months ago.

In what specific way?

Just a very brief summary will be great. What specifically is untrue?

Customer: replied 4 months ago.
When I was given a few tokens I said make sure you tell everyone to put them in cairndhu a pot. We laughed and she handed me the token tub and said sure you put in the rest save me any trouble
This is not what is written in the letter
When I was putting the tokens in the runner asked if I was finished with the ti and I said yes. He took it and I left the store to go to my car
Yet if you read the letter asda sent from the part where irreversible a lady customer complaining to the cashier down through to my comments etc to the runner... None of that is true!!
Customer: replied 4 months ago.
The runner said to me are you finished with the tub
I said yes
That was the height of any contact with him
Expert:  Jo C. replied 4 months ago.

Well, they are entitled to make this allegation.

You can ask them to retract. Anybody can ask anything.

Customer: replied 4 months ago.
I have already explained the interaction at the til so if you read in the letter from asda her account is also very different and untrue!
Expert:  Jo C. replied 4 months ago.

If they refuse then your only option would be to sue in defamation.

In truth, this is not a defamation.

Expert:  Jo C. replied 4 months ago.

You would also have the problem of proving that what is said is untrue which is always hard to do.

Expert:  Jo C. replied 4 months ago.

But even if you were able to do that, this is not a defamation.

A defamation is causing 'serious damage' to reputations. That would involve something like an allegation of child abuse or theft.

Expert:  Jo C. replied 4 months ago.

A dispute over tokens and what was said is not sufficient.

Customer: replied 4 months ago.
I realise it's no defamation as they havnt named anyone
To go back and ask them to write to club withdrawingthis account would be pointless? What do you suggest I do?
Expert:  Jo C. replied 4 months ago.

I don't think the absence of naming is a problem. It is clearly you.

Expert:  Jo C. replied 4 months ago.

You can always write back to them although I suspect it would antagonise this further.

To be wholly honest, I would just ignore it but that is no issue. What I would do is not relevant.

Customer: replied 4 months ago.
I know it's me and have no problem because I know how the events happened and have nothing to be ashamed of. I am stunned at the untrue account that has been given and then told to my club. I now have to give a account of events at a club meeting and await what action they are taking....
Expert:  Jo C. replied 4 months ago.

Well, you just give your explanation to the rowing club.

Customer: replied 4 months ago.
Ok
So asda have done nothing wrong and aren't obliged to correct their statement of events despite fact they are untrue? They can send that to a club with no evidence snd affect someone's life like that...
Expert:  Jo C. replied 4 months ago.

They do have evidence. They have the accounts of two witnesses.

Customer: replied 4 months ago.
What's out my account?
Customer: replied 4 months ago.
Sorry
What about my account?
Expert:  Jo C. replied 4 months ago.

They are not prevented from asserting the account of their witnesses because you disagree with it.

Customer: replied 4 months ago.
there is nothing I can do about this letter and really no point approaching asda again to ask them to retract this account
The manager has said they have dealt with it in house and had the staff involved retrained and as far as they are concerned the matter is closed. I wish they would send a letter to the club stating that
Expert:  Jo C. replied 4 months ago.

As I have said, you could write to them explaining if you want to.

Customer: replied 4 months ago.
Ok
Thankyou for your help.
Expert:  Jo C. replied 4 months ago.

No problem.

Al the best.

Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience: Over 5 years in practice
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