We write in relation to the above matter and further to our letter dated 8th September 2016.
It is noted that you have received some inaccurate advice through internet forums.
Firstly please note that we are instructed to bring this claim against you as agents of our client Debenhams. Whereas it is true that Debenhams must decide whether or not to bring proceedings against you, as their agent it is our role to advise them on such proceedings and instruct solicitors in relation to this matter. For the avoidance of doubt Debenhams will not contact you personally in relation to this incident.
Although you were only 17 years of age at the time of incident this does not mean that civil proceedings cannot be issued against you.
It is noted that you have moved address, please provide us with details of this so that we can update our records accordingly. Alternatively we are able to instruct agencies that specialise in tracing individuals, or if necessary proceedings can be served at your last known address.
The basis of our client’s claim arises out of breach of contract, namely the employment contract that you held with them. You breached both express and implied terms of this contract when you performed fraudulent refunds onto gift cards, which you later used to make purchases online. Our client is entitled to recover both its financial losses and costs incurred as a direct result of your actions.
It is noted that there may be some mitigating circumstances that should be taken into consideration in relation to our client’s claim against you. There is no legal obligation on our client to consider such circumstances however as an ethical company it is prepared to do so. If there is anything you wish our client to consider in relation to this claim, we require you provide us with details and evidence of these circumstances such as a doctors letter.
Our client has provided us with a comprehensive file of evidence, including but not limited to CCTV footage, disciplinary notes and data mining of both your refunds and online transactions. Having reviewed this evidence we are confident our client will be able to satisfy the balance of probabilities test, required by civil law in order to secure a judgement against you.
We recommend that you seek independent legal advice from a qualified legal professional and not off the internet. Some solicitors offer free consultations and organisations such as the Citizens Advice Bureau also offer free legal advice.
We look forward to hearing from you in the next 21 days. Should you choose to ignore our correspondence we will take our client’s instructions on issuing legal proceedings against you.
If you have any questions please do not hesitate to contact us.