How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47365
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

My husband was accused at work of stealing a phone, He denied

Customer Question

My husband was accused at work of stealing a phone, He denied it, they said they'd need to suspend him while they looked into it, He decided to hand his notice in as had been offered another job anyway which was in progress. He advised his boss who said investigation won;t go any further.WE have now received in post a Notice of Intention to recover costs Civil recovery £615 phone and £983.20 for the cost of your detection and apprehension = Total £1598.20 They have now sent 3 letters which we have ignored saying this is the final one if we don;t hear from you by Wednesday action will be taken without further reference to you.

What do we do? Ignore (they keep sending letters every 7 days) offer a settlement to get rid of them? what happens if they take him to court? Do we have to pay this so we don't get a CCJ? Online I've seen letters to advise asking for the CCTV or send them a mail as per example? Dear Sirs
I refer to your recent correspondence. Having now had an opportunity to seek advice, any liability to you or any company you claim to represent is denied.
No further correspondence will be entered into.
Yours etc.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Have they provided more details of what these costs for the 'detection and apprehension' are?

Customer:

No but I assume its the fraud guy that came down to visit him so those costs, he was interviewed for 20mins about it but i think that is a lot per hour and also his job anyway

Ben Jones :

Did the phone cot £615?

Customer:

yes

Ben Jones :

ok let me get my response ready please

Customer:

thanks

Ben Jones :

If the employer has a suspicion or proof that he may be guilty of the alleged theft, they can consider civil proceedings to try and recover the value of the phone and any direct costs incurred as a result of this. Whilst at this stage they are only making threats, if they were to make a formal claim in court, which they can, they will be expected to prove that he was guilty before they can have any chance of winning it. O it is no good just accusing him, or expecting him to prove he was innocent – it is their claim and the expectation would be on them to prove he was guilty.


 


If they were successful they would then also be expected to justify the costs they were trying to recover – they must be reasonable and directly attributable to the alleged act of theft.


 


There is no actual way of guaranteeing what would happen next if you ignore the or send them the letter asking them to stop contacting you – they could just be bluffing until now and sending the letters in the hope of you paying, or they could be serious about this and issue a claim. Even if they issue a claim you could continue trying to negotiate with them to settle so it does not mean it will necessarily proceed all the way to the end.


 


If they win and get judgment against you then you must satisfy it within a specific period to avoid it being entered on the register of CCJs.


 


So you could try negotiating to see if they will accept a reasonable amount and then agree that as full and final settlement to try and get rid of them, but at the same time you could try and call their bluff and see if they actually proceed any further and if they do – evaluate your options and perhaps start negotiating again.

Customer: Thanks, XXXXX XXXXX ask them to send the proof to us, CCTV or whatever they have? Or will they deny that?
Ben Jones :

at this stage they could deny it but they will have to provide it if they were to make a claim. Also now you can ask them for a copy or at least access to it by arguing it is personal data under data protection laws because he would be identifiable on the footage and should be given access to it

Customer: If we ignored could the price go up and up if they decided to take to court? It's heavy as it is
Ben Jones :

yes it can, if they win then they can add the court fees on top, although if the original claim is for less than £10k, each party would be responsible for its own legal costs

Customer: They also said in first they could send bailiffs around or get money from his new employers , I assume only that would happen if they managed to win in courts?
Ben Jones :

yes, this is all enforcement action that they can only apply if they have a valid judgment against him, and until they go to court and win they cannot use any of these methods to try and recover the money

Customer: Thanks
Ben Jones :

you are welcome

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi, Can I ask one more question.... They are again sending letters saying ....We write further to our previous communications in relation to this matter to which we note your response is still awaited to our email dated 14 April 2014.
It is now the intention of our clients to issue Court proceedings to recover the losses incurred to their company. Such claim will include reimbursement of the Court’s fee in the sum of £115.00, interest at the rate of 8% at 8.0% per annum pursuant to section 69 of the County Courts Act 1985, together with fixed costs in the sum of £80.00.
In order to avoid this course of action, we would suggest that you contact our offices immediately with your proposals for repayment.

The ones we got in March also said they were the final letters, another 3 after this one claim the same. Only difference is they have said in this one . It is now the intention of our clients to issue Court proceedings to.

If we do receive court papers through the door, Can we just pay it and then we won’t get a CCJ? Or if we go to court and did loose pay it on that day would we get a CCJ? I just don’t want anything on credit file as want to move house soon
Expert:  Ben Jones replied 3 years ago.
Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks

Related Law Questions