Employee loyalty card abuse ***Settled at Mediation***

[AndyOrch]

https://www.citizensadvice.org.uk/law-and-courts/legal-system/a-business-takes-legal-action-against-you-to-recover-losses-for-theft/

[AndyOrch]

Acknowledge service of the claim and state your intention to defend all of the claim ...that's all you need to do for now.

[AndyOrch]

https://www.morereward.co.uk/terms-and-conditions/

 

2.6         Which laws apply to the contract and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts, subject to our right to bring legal proceedings against you for breach of these Terms in your country of residence if any other country.

 

12.7         Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider we use. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform, see clause 8.2.

 

https://www.stonegatepubs.com/terms-conditions/

[AndyOrch]

A bit of background information would be helpful....when you get chance.

 

DId the above involve your SIL employment being terminated ? Or did he leave of his own accord ?

 

What dates was he employed from and to ?

 

Was the company aware that he and I suppose others had a More Card ?

 

Was your SIL aware of other members of staff doing the same ? 

[AndyOrch]

Thanks...

 

Quote

He told me that after he had left, (Jan 2020)the company fraud guys came in to do an audit with her unofficially being the main target.

 

In their letter of 16th March..they refer to incidents that were identified on 22nd  Dec 2019....can you confirm the start date that this practice of swiping cards by your SIL started.?

 

Also the staff More Card...does your son have access to the T&Cs if it varies from the normal consumer version and did he ever get any form of statement from them?

[AndyOrch]

Not really ......why .?  But if he can't even remember a small detail such as I've asked like when did he / others start this practice of swiping their own cards then it does not really give me much to work with in any proposed mitigation defence.

 

Its simple to draft a defence which puts them to strict proof to quantify their losses and prove the amount claimed.

 

At worse he loses with a much reduced figure...at best he wins because they are unable to prove......but the small details are important and most of all his honesty demonstrated if a mitigated defence is used.

 

Andy

[AndyOrch]

If he was paying a Solictor by the hour I'm sure he would be more engaging....we offer this service free of charge in our own free time.

 

He needs to engage and fast.

 

Defence due Monday 21st Dec by 4.00pm

 

.

[AndyOrch]

Of course......not ignoring you just got a lot at the moment dealing with other users .....I should be able to finalise your defence by Thurs at the latest. Please do not submit the above proposed defence.

 

Andy

[AndyOrch]

Just one last if you could clarify which will play a major part of the defence.. your SIL was aware of this audit carried out in Dec 2019 going off your statement below.....was that a reason he left the company...knowing what may well come from the investigation and was he ever contacted directly during his employment prior to this letter of March 16 2020 ?

 

Quote

He told me that after he had left, the company fraud guys came in to do an audit with her unofficially being the main target. He has an idea that she may well have been caught with her hand in the till and so she sang like a canary to save her own arse.

 

[AndyOrch]

Thanks... he had left 4 weeks or less before getting the first letter from BLP dated 3rd March 2020 you said he left Jan 2020.

The incidents that triggered this investigation/ claim were identified on 22nd Dec 2019...your SIl left their employment 2 weeks later ?

 

So not exactly left well before all this happened.

 

Just running through the finer points...but do not want to get caught out on a small detail.

[AndyOrch]

Here is a proposed defence...I would run with the following for now and see if they wish to proceed further.

 

Defence Employee loyalty card abuse.pdf

[AndyOrch]

If you wish to add the following after your point 1.....although it seems obvious they did provide enough warning...your choice.

 

The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC

[AndyOrch]

Have you received the Directions Questionnaire N180 ? 

[AndyOrch]

How's this going...any updates ?

[AndyOrch]

Thanks for coming back and the conclusion......

 

To be honest the defence I drafted was never really intended to proceed to court...just enough to force them to drop it and enter into ADR (Mediation)...which is what your SIL initially wanted from the start.

 

On the face of it they did seem to have over whelming evidence in support of their claim...but the actual claim amount was inflated with costs to cover the whole investigation to which your SIL was to be sacrificed to take the fall for all the staff who appeared to be guilty of the same misuse. 

 

Its obvious that there was a misuse...to what amount unknown...but a Court would not delve into trying to quantify the actual amount and I feared it would go against your SIL.

 

Yes it could have possibly been reduced at bit more at mediation....I would of thought a figure nearer to say £300...still it is what it is...the defence achieved what I hoped.....a CCJ was avoided...and a payment arrangement put in place as initially requested...and lets hope a few lessons learned in moving forward in his career.

 

Regards

 

Andy