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BadMojo

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Everything posted by BadMojo

  1. It's going to be 35 days come tomorrow and I haven't heard anything. I've logged into MCOL and there appears to be no status update since I filed my defence.
  2. Finally got it to work. Thanks to everyone so far. Let's see how this pans out...
  3. It's bonkers. I tried calling the support number supplied in the error message and it says it's not in service! I've attached the PDF I'm copying the text from. Centrica Defence CAG.pdf
  4. Has anyone ever experienced 'technical issues' when trying to upload their defence? I've pasted the text and when I click next or save it fails with: 'We are sorry, but your request has been rejected owing to one or more technical reasons. Please check your input and try again. If you continue to get this message then please contact the Money Claim helpdesk.'
  5. There was also a retention bonus of £1000 that was also recovered from my last payslip (which I don't dispute). So I'll amend para 4 to reflect that? 4. On receiving my final months’ salary of Nov 2017 the claimant had already deducted the alleged amount stated and my final salary payment was nil which would normally average around £1600 net after deductions. The final deductions were an amount of £3000 (+£1000 retention bonus recovery). This sent my final pay slip into a negative -£2797. I received no other correspondence from BG regarding the training bond, demands to pay it back and/or instructions on how to do so.
  6. Ok. Thank you for looking. I will make the time to check back and submit tomorrow. Thank you.
  7. I'm off to bed now and unless I'm advised differently, I will use what is above. I will probably have to submit the defence first thing in the morning as I will be tied up in work all day. Do I just copy and paste the text into a box on the MCOL website? Any words of advice/warning for that?
  8. OK. How about this: The Defendant contends that the Particulars of Claim are vague and generic in nature and as such fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. The Claimant has not complied with paragraph 3.2 of the PAPDC (Pre Action Protocol). Their letter of claim dated 8th June 2021 was not received by the Defendant until 22nd June 2021. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC. The claimant’s claim in respect of an overpayment of salary/expenses is without merit and is denied its entirety. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to: a) Provide signed copies of all employment contracts or agreements that form a part of the claimants claim. b) show how the Claimant has reached the amount claimed for. * Should this bit not be asking how the claimant has reached (come up with) the amount ££££ they’re claiming for? As per Civil Procedure 16.5 it is expected that the claimant prove the allegation that the money is owed. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. Or should I just use yours verbatim? I appreciate this may be frustrating for you as you see it week in, week out, but this is quite overwhelming.
  9. I'm working on the defence again. In relation to following the requirements of 16.5: Do you think I should respond specifically to the claim mentioning overpayment of salary/expenses? I just thinking the claim form does not mention the training bond at all. I'm also considering the merits of mentioning how long it took the letter before claim to arrive (dated 8th June, delivered 22nd June)?
  10. I've tried to respond to the lack of signed documents relating to the training bond at the same time suggesting that any such bond is arbitrary and unenforceable. I know people that have been released without any bond and personally know of one guy that was only asked for £400. The cost of the training was subsidised by the government and mostly to internal departments and other engineers. I don't know if this has any bearing, or should be omitted. Any advice would be appreciated, as I'm finding it quite difficult. Centrica provided the documents I have attached in previous posts, after the claim was received. I'm concerned if I say I have had no response from CST Law regarding my CPR as 'stretching a point', as I have received paperwork resulting from contact with Centrica directly.
  11. As I have previously mentioned, I requested some paperwork directly from Centrica and they emailed me my employment contract and a breakdown of the claim. Does this mean I cannot refer to the lack of documentation from CST Law in relation to the matter (CPR 31.14), specifically a signed agreement relating to the training bond and any paperwork provided/signed at the academy? It might be splitting hairs, but if I can I will; but if I shouldn't, I won't. This is what I have so far. I'll admit to finding it a bit of a struggle filtering out clauses/paragraphs in the plethora of threads on other matters, e.g. credit agreements, parking tickets, etc.: Your claimant’s claim in respect of an overpayment of salary/expenses is without merit and is denied its entirety. Your letter of claim dated 8th June (not delivered until 22nd June and therefore in breach of Pre-Action Protocol) and claim form dated 13th July, reference particulars that have not been provided and furthermore, have still not been provided, despite my requesting them from CST Law (pursuant to CPR 31.14). No evidence as to my liability for the alleged overpayment has been provided: Specifically, no proof as to the overpayment of salary, or expenses. No signed agreement specific to the repayment of any training costs, or sums therein, has been provided, nor was incorporated into the original employment contract. (Can I state this if I am saying I have not received any documents?) Regardless, the pursuit of any such costs is nothing more than a speculative charge, a penalty to disproportionally punish a breach of contract, and therefore without merit and unenforceable. Thus, the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered.
  12. In what format must the defence be submitted? Do I just draw up bullet points, or just use free text? Do I have to be very specific, or use legalese? Can I be more emotive and use circumstantial arguments, like 'so-and-so only had to pay £xxx when he left', or would that require statements from so-and-so?
  13. The link provided says 33 days from date of claim. However form 'N9CPC Response Pack (04.14)' provided when I acknowledged the service, says I have 28 days from date of claim to submit a defence. 33 days from 13th July is actually the 14th August. (Error on my part) 28 days from 13th July is 9th August. I'm just looking for clarification. Not picking holes.
  14. Have you just acknowledged, or filed a defence as well?
  15. Can I confirm some dates, namely when I need to file my defence...This is from the MCOL webite AOS (Acknowledgement of Service)... 'If you file an acknowledgment of service but do not file a defence within 28 days of the date of service of the claim form, or particulars of claim if served separately, judgment may be entered against you' Date of Service of claim form - the date on the claim form is the 13th July. So 28 days from that gives me - 9th August 2021 (if you count 13th as day 1). Is that correct? It's just that earlier in the thread (post #46) I worked it out as the 13th August (33 days?)
  16. GMB (the union I was in whilst at BG) has not replied to my email. Unite (my current union) has offered to put me in touch with the union solicitors for a free 30min initial consultation. Nothing further to report at this time.
  17. I'm considering my options as I cannot see any way to avoid having to pay them. So, either I email CST offering an amount in full and final settlement, or monthly payments. In either case, is it advisable to enclose a copy of my financial situation (possibly use the paperwork they included in the LOC?) in support of said offer? Step Change have suggested a repayment plan to cover my credit card debts, but separately suggested I make a monthly offer to CST/Centrica to cover that 'debt' first.
  18. OK. I apologise for getting the terminology wrong. I'm finding it hard to keep up - Credit Style, CSL, CST, DCA, ignore, don't ignore... they can't do anything....they can take you to court...
  19. I've learnt that 3 other people have now received court papers from the DCA. All attempts by me to discuss the matter directly with the claimant (Centrica) are hitting brick walls. They are telling me I must deal with the DCA (CST Law).
  20. I'm not in the union anymore. At least, not the same one as I was when I was with BG.
  21. Centrica have responded and asked me to discuss repayment options with the DCA. Not the response I was hoping for. I hope I don't find myself in front of a judge!
  22. I've been chatting with another guy that left shortly before me. He hasn't received court papers, but he didn't ignore the DCA letter like I did. He replied asking for written proof that he agreed to the training bond, which they haven't supplied. The same for another guy he is in contact with. He assures me that the page regarding the training bond, with the table of sliding scale repayments, did not form part of the original employment contract which we signed (digitally) when offered the jobs (back in March/April). He says those documents were presented to us in person at the training academy a few weeks into the job. We were told if you don't sign these, you don't get the job. They required hand written signatures. I don't recall the details, but regardless, they haven't sent those documents to me.
  23. Their phone number still doesn't work, so I've emailed them briefly explaining my situation. I've told them I'm receiving help from Step Change (which I am) and that I'm keen to reach a resolution that avoids the courts. I've told them I'll be in touch once I've received guidance from Step Change, but invited them to contact me in the meantime....
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