I left Marks & Spencer in Feb 08' and now im being threatened with court action, how is this fair?

Question

Glandular fever forced me to leave my position at marks and spencer in Feb 08, which i have now recovered from.

In March i received 168 pounds, which i assumed was sick pay, a month later i got a letter saying i owed them 118 pounds for overpaid wages, which was a fault on their behalf. I have sent 8 letters, asking if i could pay if off monthly in installments, because i am only 19, just left college, and trying to find another job now that i have recovered. I received a letter yesterday from a debt collector firm on behalf of m and s, saying if i dont pay the full amount by next week, there going to take court action, how is this fair? What can i do? I'm very worried as i dont have the money anyway, let alone to pay court charges or fines etc, has anyone else been in this position? I dont see why i should have to pay for THEIR mistake.

Answer 1

If an employer makes an error then they can demand the funds back.  Wouldnt' you expect it the other way round if you had been underpaid?  Also it sounds like you knew you were being overpaid so they are within their rights.  Also you were being paid 'sick pay'.  I suggest you make an appointment to see ther 'human resource officer' and talk it through with them.  They don't really want to take you to court - it's not worth it.  They will probably come to some agreement with you.  But you need to deal with it NOW as it will not go away

Answer 2

Send a letter recorded delivery to M & S  (F A O  Sir  Stewart Rose).    Explain your position to him as outlined above.   Point out that you will go to Court over this matter.

Send copies of this letter to Debt Collection Agency and your Local Papers.    Ensure that all parties are aware of your actions.  

M & S will not wish their name to be dragged through the courts over this small amount.

Once Sir Stewart gets to hear of this he will act - in your favour.

I base the above on my own experience with a similar Large Co.   I was overpaid Holiday Pay (about £120).    I sent letters as above with copies to local papers etc.   No further action was taken.    Local papers love these stories about Big Cos. and give them big headlines.

Good luck to you.   Would love to know what happens.

I cannot stress enough...... keep copies all letters and send recorded delivers.

Answer 3

I believe M & S is right to recover their money even if it paid by mistake. If you have paid more money to somebody else then you will scream and ask to return your money. You knew M & S paid more money and expect that they ( M& S ) will ask to return money why did you spend that money? Now you are blaming M & S. I would suggest contact M & S and come to some type of agreement to return money. It does not make any difference if you are 19 or 60. It seems you wanted free money with any excuse applicable,

Answer 4

Contact the recovery company and explain you are willing to pay the debt but need time to do this. If they refuse then ask them to send you a letter explaining why. If it does go to court then they will send you a form to fill in simply return it with an offer of how how much you can pay per month. They will accept it. Also send a letter to the recovery company (By mail) making the offer of monthly payments keep a copy for your records. If it does go to court then the court will see that you have made attempts to resolve the debt but the M & S have refused in which case it will be thrown out of court.

Good luck :)

Answer 5

Take them to court yourself. They're going to lose and I really doubt that M&S would go to court for £120. Consult Citizens Beauro and make a case against them and sue them and get paid for it. If you were sick then you deserve sick pay, if they didn't pay then they're in trouble.

Answer 6

Id get in touch with your local citizens advice bureau or even contact a solicitor, a lot of them do free half an hour consultations.

Good luck!