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Marks and Spencer/Coltman Warner Cranston LLP v Gerbil

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  • Marks and Spencer/Coltman Warner Cranston LLP v Gerbil

    Dear All,

    I would be grateful for your assistance on a Court Claim received today.


    Received a claim? YES
    Issue Date: 20th Feb 2017
    Amount approx: £2260 including fees
    Claimant: Marks and Spencer PLC
    Solicitor: Coltman Warner Cranston LLP
    Original Creditor:
    Particulars of Claim: The Claimant's Claim is for the sum of £1,952.94 due to the Claimant from the Defendant from 07/05/2016 to 07/05/2016 in respect of an over-payment of salary paid to the Defendant by the Claimant, full particulars of which have been provided to the Defendant before the action commenced.
    The Claimant further claims interest at the rate of 8% per annum under Section 69 of the County Courts Act 1984 calculates at £123.41 from 07/05/2016.
    And the Claimant further claims interest under the above Act at the rate of £00.43 per day from the date of Issue of the Claim until Judgement or earlier payment.
    Claimant's Claim £2076.35


    Is the debt Statute Barred?
    List any letters you have sent: Acknowledgement of Service (Defend)
    Any Other Info: I may have previously worked for Marks and Spencer PLC, however have had no knowledge or evidence of the alleged over-payment of salary. The particulars are very vague and have not ever received any evidence of this claim or of the alleged over-payment. No employment contract/evidence/payslips/breakdown the over-payment has ever been produced. Furthermore, no evidence from
    Coltman Warner Cranston LLP has been provided confirming the authenticity of their acting on behalf of Marks and Spencer PLC. I have never had any arrangements with Warner Cranston LLP and do not owe them any funds.

    Thus far I have only sent my Acknowledgement of Service of Defend via the online form. I am planning to send a ​CPR request to the solicitor's ASAP after I obtain a postal order from the Post Office (does it need to be addressed to the solicitor?) However there is no mention of a contract/agreement/documents in the above particulars, what should I ask for within the CPR request? I would really appreciate any advice/help you can provide for my defence going forward as I feel this is unjust as no evidence has been provided.

    Many thanks in advance.

    Tags: None

  • #2
    Re: Marks and Spencer/Coltman Warner Cranston LLP v Gerbil

    So before this court claim you haven't received "full particulars of which have been provided to the Defendant before the action commenced." at all ?

    I think a Part 18 request may be better to ask questions about the claim rather than requesting documents mentioned in the statement of case under part 31. Have you never had anything from M&S or this solicitors firm at all since ending your employment to date?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Re: Marks and Spencer/Coltman Warner Cranston LLP v Gerbil

      Yes- I had a letter from the solicitor's once claiming to be working on behalf of M&S, assuming they had 'bought' the debt. However, this was by no means extensive/comprehensive or evidentiary, just merely them claiming for funds with nothing supporting the claim.

      What is a Part 18 request please? How would I go about doing this?

      Thank you.

      Comment

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