A business takes legal action against you to recover losses for theft

Summary

The business could claim money from you for: * the cost of staff investigating what happened * any other costs of investigating what happened * other costs related to what happened, for example security costs. It must be reasonable for the business to claim these costs from you. If the business is claiming the cost of staff investigating what happened, administration or security costs, they have to prove how much these were in your case. The business can't claim fixed costs for these. If the business takes civil action to get compensation from you, you will get a letter from them saying that you have to pay this compensation. The letter will say that if you don't pay, the business will take legal action in the County Court, or Sheriff Court in Scotland, to get the money back. This can often be quite shocking or worrying. But if you receive a letter like this, there are options open to you. You will need to decide whether or not you pay the demand immediately. There are lots of things that might affect your decision. You will need to think about how strong the case is against you. This may depend on things like: * the strength of the evidence against you * whether you have admitted.

Key information

• the amount of cash or goods stolen
• the cost of staff investigating what happened
• any other costs of investigating what happened
• other costs related to what happened, for example security costs.
• the strength of the evidence against you
• whether you have admitted guilt by accepting a caution
• whether the losses being claimed are reasonable.
• ignore the letter – if you do this you are taking the chance that the business won't take any further legal action against you. However, you will probably get more letters demanding payment, and threatening court action against you
• deny liability for the amount being claimed – this means telling the business that you don't owe them the money. If you wish to do this, you should get advice from an experienced adviser
• pay up in full – if you want to be sure there will be no future court action you can decide to pay up in full. If you want to do this you might be able to negotiate with the business to pay in instalments. To do this you can write to the business, offering what you think you can afford. You should also send them some evidence of your financial situation, like a benefits letter or a wage slip.
• other costs related to what happened, for example security costs.
• It must be reasonable for the business to claim these costs from you.

Practical guidance

• Source: A business takes legal action against you to recover losses for theft

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