M&S Solicitors issue summons for overpaid wages

darlingdebo

in January 2012 I had to give up my part time job at M&S due to ill health, I was suffering anxiety and depression and joint pains. I got a new manager and section Co and they basically forced me out by being unsympathetic and behaved 'appallingly' to me according to M&S own counselling service. When I said I wanted to leave due to my depression I was told I only had to give one week notice which I worked, nobody mentioned any money. I had had a fall in work on wet floor and injured myself but didn't take it further as wanted to keep my job.
I was paid the week I left and a few weeks later I was sent a letter saying I owed them that months money back. I challenged this and told them I had no income (as had been turned down for ESA) so couldn't pay it back.
They then referred it to a solicitors who have hounded me ever since despite my husband writing to them and telling them I am suffering from anxiety and depression under care of consultant psychiatrist since February, next appointment November.
I have now received a summons for the amount plus interest. I now get benefit but as my husband is self employed and struggling at the moment all my money goes to mortgage and bills and I can't pay this amount in full. We did approach capuk about debt counselling but because I wanted my husband to deal with it on my behalf they wouldn't see him only wanted us both and to be honest I am not up to dealing with my debts currently. I have other debtors who have accepted this but not M&S
I am livid about this, I feel they are hindering my recovery as this is causing me so much stress. Also it must have cost M&S more in solicitors fees than the debt of £440!
What can I do? I am going to contact the court on Monday to say I am too ill to defend and send medical evidence off, proof of my consultant appointments and letter from GP
I am seriously considering going to the press about this, the money owed is a miniscule drop in the ocean to M&S and I feel their behaviour is appalling. This could drive me to consider self harm if not resolved quickly it is the last thing I need when I am so ill.
Any suggestions and is going to the press a good iidea to get them to back off?

valk_scot

Were you overpaid? Do you in fact owe them this money? If so I wouldn't bother going to the press about it, there's not much of a story in M&S asking for the return of their own money. And being depressed isn't much excuse in law for not paying your debts unfortunately otherwise half the country would be defaulting.

If I were you I'd offer to pay it back in installments, if I couldn't raise the full amount straight away. Or could you perhaps sell a couple of things, Ebay perhaps? It would be worth the push to get this hassle off your plate and it doesn't sound as if they're going to let it drop, no.

MissSarah1972

darlingdebo wrote: »

I was paid the week I left and a few weeks later I was sent a letter saying I owed them that months money back. I challenged this and told them I had no income (as had been turned down for ESA) so couldn't pay it back.

You challenged this - how?

Did you for a break down and copy pay slips as to how they came up with this figure?

It's not good telling someone you can't pay it if you owe it and you need to get that in writing and proof first.

Telling the court you are ill will make no difference to them - the only thing that matters to them is if you owe it. Do you?

honeymonster1984

Hi,

I work for M&S, and it depends when in the month you leave as to whether you will owe any money back.

As a permanent member of staff (which I'm guessing you were) you would have been paid on the 10th of each month (or 8th or 9th if the 10th falls on a weekend/Bank Holiday)

This pays for the 10 days of the month you have actually worked and for the 20 days in the rest of the month you are due to work. You will also get any additional hours from the previous month, any premiums from the previous month or holidays from the previous month in that months money. M&S always pay its permanent staff 1 week in arrears 3 weeks in advance.

It depends when in the calendar month you left and if you had any holiday left to you. If you left on the 17th of the month for example then yes you will owe the company 2 weeks wages and I would suggest you pay it back as soon as possible to avoid any further problems. For your reference it is always best with M&S to leave at the end of the month (so for September 2012 for example the best day to leave would have been 29th September, for October its the 27th, November 24th etc) this way you end up owing them no money.

I hope this helps and I hope you get it sorted and get better soon.

Honeymonster1984
xxx

sniggings

offer them something a week, even if it's only £1, if the judge sees you are trying to pay this debt back he/she is more likely to be on your side, rather thn you saying your too ill, the fact is you being on benefits the judge is very unlikly to award M&S much in way of payment, the judge will want you to do a SOA to see what you have available each week to pay back, and as I said being on benefits he/she is unlikely to make you pay much back.

I would offer M&S a small amount each week and point out you are ill and only on benefits, they should take it as going infront of a judge will be unlikely to get them much more a week and cost them loads in fees, but you should offer something to show goodwill, and it might stop the court action and any fees going on what you owe, £1 a week would be my offer. if the judge sees you have offer something he/she may make M&S pay any fees as they have taken you to court even after you offered them a payment.

Sharpey0408

If you spent the money overpaid genuinely not realising you had been overpaid this is your only defence unless you have some other claim against them or counterclaim. Assume it's a small claims matter so they could only recover very modest legal fees if that's the case.

MissSarah1972

honeymonster1984 wrote: »

Hi,

I work for M&S, and it depends when in the month you leave as to whether you will owe any money back.

As a permanent member of staff (which I'm guessing you were) you would have been paid on the 10th of each month (or 8th or 9th if the 10th falls on a weekend/Bank Holiday)

This pays for the 10 days of the month you have actually worked and for the 20 days in the rest of the month you are due to work. You will also get any additional hours from the previous month, any premiums from the previous month or holidays from the previous month in that months money. M&S always pay its permanent staff 1 week in arrears 3 weeks in advance.

It depends when in the calendar month you left and if you had any holiday left to you. If you left on the 17th of the month for example then yes you will owe the company 2 weeks wages and I would suggest you pay it back as soon as possible to avoid any further problems. For your reference it is always best with M&S to leave at the end of the month (so for September 2012 for example the best day to leave would have been 29th September, for October its the 27th, November 24th etc) this way you end up owing them no money.

I hope this helps and I hope you get it sorted and get better soon.

Honeymonster1984
xxx

Surely when you resign this wont happen that you are paid for a full month and no one realise that you haven't worked the full month.

A sensible company pays you via a cheque on your last day up to the days you have work or they pay you a week after you have left therefore not overpaying you.

When I left my job (redundancy) I was paid up to the pay day 25th of the month (for a calender month to the last day) then when I left on the 2nd I got the 2 extra days plus holiday etc in the form of a cheque.

pinkshoes

If you were overpaid, then you MUST pay it back. It is NOT your money. M&S are a business, not a charity.

What you SHOULD have done was offer to pay them back at £1 a week. Tell the court that you have already offered to pay them back for the amount owed, BEFORE it went to court, and are still happy to pay this amount back at £1 a week, which is all you can afford.

darlingdebo

I left on the 7th of January and got paid on the 10th, I thought that was for the time I had worked up to then and was unaware that I was paid anything in advance. I have not really checked if it is right as to be honest since then my state of mind has not been the best. I did offer to pay £1 a week to the solicitors and told them I was seeing capuk, they accepted that but wanted a budget breakdown and a review, unfortunately I then became very ill in part due to this harassment, and my husband wanted to deal with it all but capuk wouldn't see him needed both of us and I was too ill so nothing happened. I have since been to see consultant at hospital and changed my medication as I was suicidal, I now am starting to feel better but for a time I was very ill. My next appointment is November and I currently seeing my GP weekly for check up on my depression and i also have very high blood pressure.
I will go to the court and tell them I offered the £1 and will start paying it now will also provide a breakdown of my income and our outgoings. My husband is self employed but he doesn't get any work in summer school holidays so we have been very skint, so all my money has gone to the household. Even so my husband has had to borrow money from his widowed mother to pay our mortgage and bills for September and October which we need to pay her back.
If I do offer this to the court, then will I have a ccj on my name? or will it not get to court? I am really not up to going through a court case and in fact this has all left me feeling worse when I was getting better.
I can provide medical evidence, should I do that to the court when I make my offer?

darlingdebo

I have written to M&S and asked for copies of all information they hold on me, including the accident book as I had a fall in work due to water on the floor and if I can I am going to claim for this, I didn't at the time as I was told not to be a fellow employee who told me they wouldn't pay out and I would lose my job, I am sorry now as it went in the accident book and I had to have time off work as injured my leg. I feel I have been very badly treated by M&S. The thrust of any press would be okay I owe them the money but given the profits of the company surely they could show some compassion? They know very well how depressed I am and it must have cost them more in solicitors fees than the amount I owe?

MissSarah1972

OP - you offered to pay what they have asked for without a break down?