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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11122
Experience:  30 years as a practising solicitor.
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I stole goods from my employer I was interviewed by they invesigators

Resolved Question:

I stole goods from my employer I was interviewed by they invesigators and charged by the police with an adult conditional caution told to pay £296 compensation to the firm and a letter of apology which I did and a donation to they charity now they want £9,600 of me for stolen goods I said I stole in my first statement which I retracted in my second and the one at the police station I offered them £1200 + admin fee's but firm delined and said they would except £6,700 I didn't steal £9,000 of good some of my statement was taken in the wrong contex where do I stand and what can I DO ? M. PATTISON
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
Did you pay the £296 compensation, write the apology and get the caution?
Customer: replied 1 year ago.

yes + plus a donation to they charity

Expert:  JGM replied 1 year ago.
In that case the criminal case would appear to be over. Whether they sue you in the civil court is another matter. You would have to defend the action if and when they do so.
Happy to discuss further.
Customer: replied 1 year ago.

its the civil matter I'm worried about they want £6,000 off me and I haven't stole £6,000 of goods some of my answers were taken in the wrong contex I have offered them £1200 +admin they say thats not enough do I ask them what evidence they have reaching that amount besides my first statement which I retracted ?? and what do I DO NEXT

Expert:  JGM replied 1 year ago.
You seem to have done well already by making them an offer. As they have rejected it you ask them, not what evidence they have, but on what basis they are asking you for the £6000.
If they sue you, you see a lawyer and lodge a defence in accordance with the court rules.
Customer: replied 1 year ago.

Wont they say, through the things I said in the first statement what I made ? which I retracted because I was under pressure and in a stressfull state at the time

Expert:  JGM replied 1 year ago.
Of course they will, but they will also have to admit that you retracted the statement.
Customer: replied 1 year ago.

if it goes to civil court will I have a chance to put my case across to the judge and what would be the worst case scenario ?

Expert:  JGM replied 1 year ago.
Yes, you will ultimately give evidence. Worst case scenario is that the court grants an order for the full amount.
Customer: replied 1 year ago.

what if I can't pay the full amount would they go into my bank details and savings I have my own house I'm retired now. what if I make a bigger offer would that help my case ?

Expert:  JGM replied 1 year ago.
It is always open to you to negotiate a figure with them in an effort to get rid of this.
If they got a court order they could attach your bank accounts etc and your assets would be at risk. However, I would not worry about that. If they get a court order you will have to pay it. You have a defence on the face of it and should concentrate on that coupled with a negotiation perhaps by a solicitor on your behalf who is experienced in that type of work.
Customer: replied 1 year ago.

you know how much solicitor charge would it be cheaper to offer £3,000 to get rid of it ? or would that be making more of an admission on my part ?

Expert:  JGM replied 1 year ago.
Budget £500 plus VAT for a solicitor to do a negotiation. That will get you about three hours of time which should be enough establish if they will deal with you or not.
Customer: replied 1 year ago.

would making a higher offer go against my case ?

Expert:  JGM replied 1 year ago.
No, you do everything in writing and mark your letters "Without prejudice" which means any offered can't be founded upon in court.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.

what does that mean can't be founded in court and where would I put "without prejudice" in the letter ?

Expert:  JGM replied 1 year ago.
It means they can't refer to your offer and use it against you because the offer is made without admission of liability.
The words "Without prejudice" go Immediately above the "Yours faithfully"