Ex-Employer has issued a claim against me

[welwynrv]

Long story short, I resigned from my job last June after being accused of gross misconduct relating to misuse of the business credit card and Amazon account - I have disputed the total amount they are claiming and sent them a cheque in December offering an amount in settlement for the value of the items that I ordered on their account in error they didn't cash the cheque and heard nothing else from them until Friday 8th March where I received a claim form from the small claims court completed via Money Claims Online.

I'm happy to admit to the amount I agree to and am going to dispute the rest but are they supposed to follows the same pre-action protocols as its a matter between a company and ex-employee or do different rules apply

[BakedBeans]

They are supposed to comply with the protocols.

For now, you need to acknowledge service. Follow the guidance here - https://legalbeagles.info/library/gu...ledge-a-claim/

As noted in the guidance, select the option to defend all of the claim, and then you can decide to alter that later.

Also, post up the claim form that you have received, after removing any identifiable information. Guide here - https://legalbeagles.info/forums/for...-and-documents

Whatever other advice you receive, you will likely be sending a CPR 31.14 request for any documents mentioned in the claim, and also an SAR request.

Have a read here, and also search other threads to familiarise yourself, while awaiting for further advice.

https://legalbeagles.info/library/gu...-of-documents/

https://legalbeagles.info/library/gu...ccess-request/

[Amethyst]

Did you keep a copy of the letter you sent them with the offer and the cheque ?
Could you type out the particulars of claim from the claim form please too.

[welwynrv]

I'll sort out the paperwork when I get home this evening

[welwynrv]

Here is a copy of my letter to them dated 18th December which I haven't received a reply to Chambers letter redacted.pdf

[welwynrv]

The form they sent me was a standard claim form this is what is in the particulars of claim box POC.png

[Amethyst]

The £1000 cheque you sent hasn't been cashed so you should cancel it - once you've obtained information from
the claimant you can make an admission and offer to pay that same £1000 alongside your defence of the remaining £4k odd of their claim - but for now just acknowledge with intent to defend in full.

So CPR part 18 and 31.14 requests need drafting and sending. Presumably you have print outs now of the amazon accounts to compare against their list ( when they send it).

[welwynrv]

They sent the printouts to me before christmas - that's when I went through it and offered them the £1K

[welwynrv]

I have gone online and completed the acknowledgment of service

[welwynrv]

If I part admit the claim but they have not cashed the cheque do I say I have already paid it or do I say answer No to that question

[welwynrv]

Also do I put my husband who doesn't work down as a dependant