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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 74422
Experience:  Qualified Solicitor
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Afternoon, i have a driver who works for me who has stolen

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Afternoon , i have a driver who works for me who has stolen £1200 pound .
JA: Where is your driver? It matters because laws vary by location.
Customer: he was working for me for a client in Croydon .Each day at the end of a shift he is instructed to bank all monies collected in the day .He is trained on the cash handling and banking of this money and there is a safe in the vehicle to keep the money safe .he signs a cash waiver saying that he is responsible for the money. He told a manager he was on his way to bank the £1200 then didn't . it was only when he failed to turn up for work that it was realized that he hadn't banked the money .he didn't even tell anyone he wasn't going into work .when i finally got hold of him by going around his house , because he wouldn't answer his phone , he told me he had left the money in the door of the van .he wouldn't come with me to show me where the money was .when we checked the van the money wasn't in it .As he signed the waiver and didnt follow any of the instructions he has been trained in , how do you think i would stand in a small claims court .he also told the police he hadn't followed his training
JA: What steps have been taken so far?
Customer: i have spoken to the Met Police in croydon and they think,, because he has signed a waiver saying he is responsible for the cash , we could get it back in court . they have spoken to him on the phone but he denies stealing it .
JA: Anything else you want the Lawyer to know before I connect you?
Customer: we are trying at the moment to get our client (pepsico ) to get there client

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Can I just clarify that there is record of him having £1200 in his possession? and what have the police said with regards ***** *****?

Customer: replied 1 year ago.
Hi Ben , yes we have a record of the money collected. the police are not really interested because no witness to the theft
Customer: replied 1 year ago.
he is fully trained on how to collect the cash and how to bank it , but didn't follow any of the banking instructions.he also told the police that he hadn't followed the instructions of his training.he also signs a waiver saying he is responsible for the money

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Many thanks for your patience. As there is no direct evidence of the alleged theft, there will always be a risk that the court does not agree with your suspicions. So it is important to understand that you can never predict the outcome of such cases and until you claim you won’t know whether you have a chance.

There are grounds on which you can claim and at least as this will go to the Small Claims Court, the risks for you are rather small if you do not win (i.e. you will only lose the court fees, which won’t be too large).

Before you actually claim, there are a few things you need to try. If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Ben Jones and other Scots Law Specialists are ready to help you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 1 year ago.
Hi Ben , i have sent out emails and whats-app messages to our van driver. i have given him 7 days to pay us our money back and ways to pay back which ends today .He responded by whats-app saying , someone else drove the van after him, before it was searched.this is true but the lady who was next in the van is a supervisor for pepsico and didn't know to look for the money in the door until she was phoned and asked to look .she looked three times around the van and found no money . Ryan our van driver never told anyone he hadn't banked the money or had left it in the door until i went around his house ,and he wouldn't come back with me to the van to show me where he says he left it .he has just informed me again he hasn't got the money so his words , crack on with getting it back .
Customer: replied 1 year ago.
Hi Ben , Ryan has just texted me back saying see you in court , so ill go to the money claim link and pursue through that .is that a good idea
Customer: replied 1 year ago.
hi Ben , i also do have a witness that he told he was going to bank the money , but he didn't

Hi there, at this stage you may not have any other option but to make the claim so if he is refusing to repay you or engage any further that would be your only chance of getting anything back.

Customer: replied 1 year ago.
cheers Ben

No worries