M&S summons for overpaid wages

[Greendeco]

Hello

in January 2012 I had to give up my part time job at M&S due to ill health, I was suffering anxiety and depression and joint pains. I got a new manager and section Co and they basically forced me out by being unsympathetic and behaved 'appallingly' to me according to M&S own counselling service. When I said I wanted to leave due to my depression I was told I only had to give one week notice which I worked, nobody mentioned any money. I had had a fall in work on wet floor and injured myself but didn't take it further as wanted to keep my job.

I was paid the week I left and a few weeks later I was sent a letter saying I owed them that months money back. I challenged this and told them I had no income (as had been turned down for ESA) so couldn't pay it back.

They then referred it to a solicitors who have hounded me ever since despite my husband writing to them and telling them I am suffering from anxiety and depression under care of consultant psychiatrist since February, next appointment November.

I have now received a summons for the amount plus interest. I now get benefit but as my husband is self employed and struggling at the moment all my money goes to mortgage and bills and I can't pay this amount in full. We did approach capuk about debt counselling but because I wanted my husband to deal with it on my behalf they wouldn't see him only wanted us both and to be honest I am not up to dealing with my debts currently. I have other debtors who have accepted this but not M&S

I am livid about this, I feel they are hindering my recovery as this is causing me so much stress. Also it must have cost M&S more in solicitors fees than the debt of £440!

What can I do? I am going to contact the court on Monday to say I am too ill to defend and send medical evidence off, proof of my consultant appointments and letter from GP

I am seriously considering going to the press about this, the money owed is a miniscule drop in the ocean to M&S and I feel their behaviour is appalling. This could drive me to consider self harm if not resolved quickly it is the last thing I need when I am so ill.

Any suggestions and is going to the press a good iidea to get them to back off?

[Bombaymix]

Hi greendeco.

 

Sorry to hear of your health problems coupled with all this going on with your previous employer.

 

I don't have the knowledge or experience to assist you but I'm sure one of the guys will be along shortly with some specific advice for you.

 

When you had your accident at work did you report it in the accident book? Were there any witnesses? I know you say you were reluctant to claim at the time because you feared for your future with M and S. You don't have this loyalty to the company now, furthermore they've treated you badly and are causing you further stress and anxiety now. I'd be inclined to go for a claim if the time limit for the accident hasn't expired.

 

I'm sure the guys will be along shortly to offer sone words of wisdom about the alleged overpayment an them trying to claw it back and further action.

 

Regards

 

BM

[Ganymede]

Hi,

 

In relation to the overpayment can I ask please how much was it firstly. Also, did you know you have been overpaid and if not why not? If you did know did you contact M&S?

 

In relation to your accident at work, when was it what exactly happened in more detail please. Also, were any wet floor signs in place?

 

Finally, without wanting to cause upset or offence so please don't take this the wrong way but being too ill to defend for the reasons you've stated isn't necessarily going to be enough.

 

Thanks

[Greendeco]

In relations to the overpayment it is £443 about one months wages, I did not know I had been overpaid as apparently when I started I was paid in advance, I just thought it was money I was due. I finished work on 7th January and was paid on the 10th. I did not contact M&S they contacted me.

As regards my accident, I came into the staff part of the premises (reception area) before my shift started and slipped on a wet floor, someone had spilled something by looks of it - there were no signs up as they had not been aware of it before I fell. I was told to wait on the floor until a first aider came which I did and therefore I assume it was put in the accident book at the time. I did hurt myself, I hurt my hamstring at back of my leg and had to go to doctors and had a few days off work. I did want to take it further but was put off my a fellow employee who said I would pay for it in the long run if I won my claim and that M&S are famously litigious and would fight me all the way. I am so sorry now I didn't claim. Not sure if I still can, can't remember the date but would be able to find out off my GP as it will be on my record. I am going to do a SAR to M&S for all my employee records etc to ensure this pay thing is right. I used to do a lot of extra hours and they were renowned for 'forgetting' to pay them. I was happy there until I got a new manager and section co who I feel persecuted me to manage me out. There had been a lot of sickness in my dept, my previous mgr had gone off with cancer, and other members of staff had had time off for various stuff. They wanted to up the figures and I guess I was the easiest to get out with my anxiety and depression.

 

I realise what you have said re defending is not good news, so what do I do? I really am not up to going to court to defend myself currently, am on medication and under care of my GP and consultant, will they postpone the case until such time as I am well enough or will I have to do it? I am going to see the mental health team near me for advice as I'm sure they've come across this before. I do feel that M&S actions are making me ill so could I counter claim? What is the time limit for claiming for the accident?l

[Bandit127]

You should include "copies of any entries in the accident book" in your SAR letter. You might strike lucky with that...

[unclebulgaria67]

What I would suggest that you do is write to the CEO of M&S, with evidence of your health situation e.g. doctors letter and ask them to withdraw the summons their company have issued, as it is detrimental to your health.

 

Marc Bolland CEO

Marks and Spencer Group plc

Waterside House

35 North Wharf Road

London

W2 1NW

 

I suspect that you if the CEO is made aware, you may see a withdrawal and a write off of the money.

[Ganymede]

Greendeco, you have 3 years from the date of your accident to make a claim.

 

Can you remember roughly whenit was?