M&S Solicitors issue summons for overpaid wages

valk_scot

Unfortunately this is what happens when you try to ignore things in the hope they'll go away. If you'd dealt with things as soon as they'd asked for the money back...or even realised you'd been overpaid...then it would never have blown up into this amount of stress tbh. Now I've had depression myself, I know the state of paralysis it can cause but this still won't cut any ice with a big company, they can't afford to write off three weeks of wages to every employee that leaves due to stress. It's not a question of them lacking compassion, this is business.

As to your leg if you aren't currently suffering any long term health problems with it and you didn't put in a complaint at the time I think that one has gone past the time of doing anything about it tbh.

I think the best thing to do would be to start cooperating fully and focus on trying to minimise any future damage to your life this case could cause. Get the breakdown figures ready that they want, work out your best offer, whether it's £1 or (preferably) a bit more and don't muddy the waters with threats of papers and sueing them for injury, this will just antagonise them and they WILL take you to court. Act contrite and reasonable and cooperative, start paying them back this money that you admit you owe them and they'll go away. (Unless you default and then they'll get very nasty indeed..) It's the only way to minimise the stress tbh, it wouldn't have got to this point if you'd dealt with it sooner so it's worth putting the effort in now before it gets any worse.

sniggings

you could offer to show your earning and expenses to M&S as they will be more likely to take a payment plan then and not go to court, my guess is for the amount involved I doubt they will take you to court, more than likely just a threat but court is nothing to be scared off, once the judge sees you have offered a payment and are also ill, they will not look kindly on M&S, but like I say I doubt it will get that far, if you don't want to give them expenses details then either ask them for a payment book to pay your £1, if they refuse, just send a postal order or cheque for one to them made payable to M&S and keep the counterfoil as proof you sent it, then if they do go to court they will look like fools.

Oh and yes make the claim, you have 3 years to do it.

sniggings

valk_scot wrote: »

Unfortunately this is what happens when you try to ignore things in the hope they'll go away. If you'd dealt with things as soon as they'd asked for the money back...or even realised you'd been overpaid...then it would never have blown up into this amount of stress tbh. Now I've had depression myself, I know the state of paralysis it can cause but this still won't cut any ice with a big company, they can't afford to write off three weeks of wages to every employee that leaves due to stress. It's not a question of them lacking compassion, this is business. the OP did offer a payment but they would not deal with their parnter.

As to your leg if you aren't currently suffering any long term health problems with it and you didn't put in a complaint at the time I think that one has gone past the time of doing anything about it tbh. 3 years is the cut off

I think the best thing to do would be to start cooperating fully and focus on trying to minimise any future damage to your life this case could cause. Get the breakdown figures ready that they want, work out your best offer, whether it's £1 or (preferably) a bit more and don't muddy the waters with threats of papers and sueing them for injury, this will just antagonise them and they WILL take you to court.that is not a given, for £400 not many people will go to court Act contrite why the OP has done nothing wrong, they paid her to much she didn't steal itand reasonable and cooperative, start paying them back this money that you admit you owe them and they'll go away. (Unless you default and then they'll get very nasty indeed.oh please "very nasty indeed" :rotfl:it's £400 and they can not get nasty indeed as it's against the law, they can ask for the payment and thats about it, they can only take the OP to court can maybe get a payment of a £1 or so as the OP is on benefits.) It's the only way to minimise the stress tbh, it wouldn't have got to this point if you'd dealt with it sooner so it's worth putting the effort in now before it gets any worse.

The OP has tried to sort this but they didn't want to know, please keep this in perspective it's £400 not £4k, telling the OP they could get very nasty is not only probably scaring the OP but is totally wrong.

valk_scot

sniggings wrote: »

The OP has tried to sort this but they didn't want to know, please keep this in perspective it's £400 not £4k, telling the OP they could get very nasty is not only probably scaring the OP but is totally wrong.

I wasn't implying they'll send the heavies round but you think dragging her into court and ensuring she has a black mark on her financial history isn't nasty? M&S won't mean it personally but they will do it and they're less likely to be sympathetic or cooperative if she starts making threats. The fact is the OP hasn't been trying to sort it out till very recently and that's what's landed her in most of this mess. If she'd got straight back to them at the beginning, explained she hadn't realised the advance payment system and offered to repay it by installments straight away they'd have been far more likely to have said yes and most of this could have been avoided.

dizzyrascal

If they have sent you a summons then you need to deal with it now.
You either have to turn up or contact the court to see what you can do about getting the date changed or postponed.
I'm not an expert but I think you can put in some kind of defence on the form (in this case your ongoing medical condition) and you can dispute the claim I think.
The main thing is that, if you don't go to the county court (if there is a date for the hearing), you will get a judgement against you and then you have a ccj.
If it is just a solicitors letter, you might be able to negotiate and offer some payment but you do need to ask for a proper breakdown of the money owed and why.

sniggings

valk_scot wrote: »

I wasn't implying they'll send the heavies round but you think dragging her into court and ensuring she has a black mark on her financial history isn't nasty? M&S won't mean it personally but they will do it and they're less likely to be sympathetic or cooperative if she starts making threats. The fact is the OP hasn't been trying to sort it out till very recently and that's what's landed her in most of this mess. If she'd got straight back to them at the beginning, explained she hadn't realised the advance payment system and offered to repay it by installments straight away they'd have been far more likely to have said yes and most of this could have been avoided.

going to court and the credit history were already mentioned, for you to then say you best get this sorted or " they'll get very nasty indeed" is clearly implying something more than what had already been mentioned, so stop trying to play semantics.

You say the OP has not been trying to sort this until recently! the OP says differently so why you think you know better is ignorant.

Why you feel you need to scare someone who has made it very clear they are depressed is shameful.

LannieDuck

sniggings wrote: »

the OP did offer a payment but they would not deal with their parnter.

Not quite - M&S accepted the offer of £1 a week, but the OP wanted to act through capuk, and capuk refused to deal with the partner.

The OP has tried to sort this but they didn't want to know, please keep this in perspective it's £400 not £4k, telling the OP they could get very nasty is not only probably scaring the OP but is totally wrong.

Why do you say they didn't want to know? The OP clearly states that M&S were willing to go with the offer of £1 a week.