civil recovery claim help

[meld101]

My Daughter was convicted of theft whilst working for WH Smith. She pleaded guilty and was ordered to pay them £1650. 6 months on she has recieved a letter from a company called Boyes Turner demanding a further £720.81 for the costs of investugating the matter.

They has said the money is to be paid in 7 days or they will issue proceedings against her. Is this legal ? The court has already awarded them the money for the losses.

I think the sum requested is wholly unreasonable.

Any advice would be greatly appreciated.

[honeybee13]

Hello and welcome to CAG.

 

This sounds odd to me too, hopefully the guys will be along later withe advice for you.

 

Would you be able to post up a pdf of the letter or type up what it says please? Remove any personal information.

 

My best, HB

[honeybee13]

Hello again.

 

Boyes Turner seem to be lawyers in the Reading area. Does any of that sound familiar please?

 

HB

[meld101]

Thanks for that I will rewrite the letter.

 

W H SMITH RETAIL HOLDINGS LTD

 

As you are aware our client has investigated certain losses attributed to your actions whilst an employee of our client. Our client has undertaken its disciplinary acton and you will be aware our client reported the matter to the police.

 

In addition to the above steps our clients policy is to rcover monetary losses by way of civil proceedings. You should note that the amount used for the purposes of civil proceedings may differ to the amount that forms the basis of the charges in any criminal proceedings.

 

Our client claims from you the sum of £1650 together with costs in respect of investigating the losses in the sum of £735.81.

Our client has recovered the sum of £1665.00. Our client therefore requires payment in the sum of £720.81

 

Please ensure that remittance of the debt is paid in full within 7 days of the date of this letter failing which our instructuions are to issue proceedings against you without further notice. In any proceedings we will include our clients entitlement to interest and costs.

 

Payment can be made.... etc

[honeybee13]

OK, thank you very much for typing all that. I'll alert the site team in case anyone has input for you.

 

HB

[meld101]

We had no idea all this had been going on as she had left home. she is now back and we are trying desperately to get her back on track. She knows she was stupid and she has tried to put it behind her and move forward This has just come as another blow.

Thanks again.

[honeybee13]

Yes, I can imagine it's tough and it's great that you're fighting this together. Please try not to worry unduly, I expect people will be along later with advice for you.

 

HB

[citizenB]

I am sure that this should have been on the original claim, but we are trying to find out for sure, for you.

[BankFodder]

In principle they are allowed to proceed for this sum.

 

Here are some questions.

 

When the court awarded compensation to the store, how was it calculated?

 

Did the store ask for more than this?

 

Did the store indicate there were additional costs which were not being claimed?

 

Has the store at any time indicated that this was not the end of the matter?

 

Has the store at any time indicated that this was the end of the matter?

 

Have you been offered any explanation as to how this further sum has been caculated?

 

Have you any information as to the extent of the involvement by Boyes Turner?

 

At what point were they brought into the story?

[Surfer01]

If it has been done through the police and the courts, then it is no longer a civil claim as there would have been criminal charges? In addition, if convicted don't you pay a victim's surcharge?

[meld101]

In principle they are allowed to proceed for this sum.

 

Here are some questions. When the court awarded compensation to the store, how was it calculated? Did the store ask for more than this? Did the store indicate there were additional costs which were not being claimed?

Has the store at any time indicated that this was not the end of the matter?

Has the store at any time indicated that this was the end of the matter?

 

Have you been offered any explanation as to how this further sum has been caculated?

Have you any information as to the extent of the involvement by Boyes Turner? At what point were they brought into the story?

I will try to find out the answers to these questions. I suppose my Daughters solicitor is a good place to start?

[citizenB]

I will try to find out the answers to these questions. I suppose my Daughters solicitor is a good place to start?

 

Yes, I would think that is probably a good place