Advice needed: Marston Group 'stole' my money

[markh]

Hi

I need some advice about how to deal with this situation.

Bailiffs acting on behalf of Marston Group, came to my small business (a pub in Colchester) looking for an employee who worked there at the time and pressurised him to take £1265 in cash from the safe to pay a personal debt. They had tracked him down to the pub for unpaid fines for motoring offences. I wasn't there at the time, but when they confronted him they said they were going to remove goods from the pub unless he paid them. The employee told them he didn't own anything at the pub and that he wasn't the landlord, but they refused to believe him, saying "that's irrelevant" and continually repeated that they had the right to enter the property to seize goods to the value of £1265. Fearing they would take stock or furniture (he claims) the employee went to the safe and took £1265 belonging to the business to pay them. He told them he didn't own the money as he gave it to them.

The employee was subsequently sacked and the case is now the subject of a police inquiry.

However, Marstons are refusing to repay the money and state that I should seek re-imbursement from the employee!
They will not accept my argument that the money belonged to me and not the employee. I have the whole incident recorded on video with sound. I managed to get a copy of the video which was recorded by the personal bodycam worn by the Bailiff. Despite this, Marstons are claiming that the agents acted correctly.

Can anybody offer advice about my legal rights. Do I have any?

[Amethyst]

Re: Advice needed: Marston Group 'stole' my money

Presumably the video recording with sound backs up the employees story completely ? Can you hear the bailiffs threatening to take goods from the pub despite this not being the companies debt and the debtor simply being an employee ?

Whats happening with the police enquiry - are they investigating the bailiffs/Marstons or the employee ( or both?) for the theft ?

[nemesis45]

Re: Advice needed: Marston Group 'stole' my money

The Marston's " employees" in this area (my home location) are out of control!!

nem

[markh]

Re: Advice needed: Marston Group 'stole' my money

Presumably the video recording with sound backs up the employees story completely ? Can you hear the bailiffs threatening to take goods from the pub despite this not being the companies debt and the debtor simply being an employee ?

Whats happening with the police enquiry - are they investigating the bailiffs/Marstons or the employee ( or both?) for the theft ?

Hi, thank you for your interest.

Yes, on the audio you can hear the Bailiffs repeatedly say they will "remove goods". This is after the employee telling them that he didn't own anything and that "...all this belongs to my boss, I’m just the manager”.

Marston's defends their agent's actions by saying that they meant "his personal goods", "and that it's not their responsibility to make judgement of where the money comes from".

Despite being informed by letter and telephone that it was my money that had been taken, Marston's still refuse to return it.

There doesn't appear to be any dispute over whom the money belonged to. They have simply and happily moved the debt problem onto me.

Their agents probably acted within the law, albeit treading a very careful line. However, any reputable company would surely look at what is ethically right in this situation, and DO THE RIGHT THING.

Had you or I unwittingly bought a stolen car from a 2nd hand car dealer, you and I would be obliged to return the car to it's rightful owner. Why is it different with Bailiffs taking my cash?

[wales01man]

Re: Advice needed: Marston Group 'stole' my money

Who were the Bailiffs acting for