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    • we need the exact particulars of claim, not what you have put please.  
    • Thank you everyone for your quick responses I just wish I posted here in the first place    I probably shouldn't have filled in the claim form however on the letter it said I had limited time to do so and because I was dealing with CST law trying to come to an agreement with paying off the debt I didn't think it would get to this point and now I have probably made my situation worst. Of course, I would have posted here first before sending it off had I not been in communication with CST to set up an agreement.    I sent the letter back to the court as some point in early August, the issue date on the claim form is 28th July and the most recent letter I have received 'Notice of fast track' is dated 18th November    If I am honest I can't fully remember what I wrote word for word in my defence, it would have been along the lines of why I left, my reasons and the fact I returned to my old career in an office plus taking a pay cut to do so. There wasn't much room to write a long winded defence so I kept it relativity short.   The above document Andy has posted is the exact document I am now looking at very confused in what exactly I put where    I just want to re-iterate I never agreed with this money I owe due to the training bond but it has gone on for so long at this point I'm happy to set up a payment plan if the balance can get reduced or a small one off payment upfront and this is exactly what I was trying to do prior to receiving the most recent letter    I have had zero communication from CST law, Centrica advised me to deal with them directly and I was waiting for a response from CST with the offer we had put across to Centrica - I chased it multiple times the following weeks and they kept telling me they haven't had a response and when they do we'll contact you which they still have not   Ideally I would rather not give them any money however I feel like I am out of options at what I probably should have done years ago is attempt to get it reduced and set up a payment plan    Please let me know if I have missed any critical info out    Thanks again for everyones help    What is the claim for – the reason they have issued the claim? I left a British Gas apprenticeship within the first 12 months of starting and went back to my old career in an office , my reasons for leaving were down to the completely differant job role which I realised quikcly was not for me and it was impacting my mental health massively. The claim is for a training bond which was in a contract I signed based on a sliding scale Year 1 - £9,000 year 2 £6,000 year 3 £3,000     What is the total value of the claim? £13433    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Training bond due to leaving an apprenticeship before 3 years    When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? They have sent me a virtually signed document with the contract   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Centrica are claimant, CST law are dealing and the court   Were you aware the account had been assigned – did you receive a Notice of Assignment? I believe so yes   Did you receive a Default Notice from the original creditor? I have had multiple letters like everyone else who has been on the forum over the years regarding this matter   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? I am unsure, but when I left I had contested the original claim as I was dealing directly with Centrica’s collection team and they never got back to me after the final email I had sent and didn’t hear anything until years down the line   Why did you cease payments? N/A   What was the date of your last payment? N/A   Was there a dispute with the original creditor that remains unresolved? Correct I oringinally contested what was owed back in 2017 and gave my reasons for leaving and I assumed the matter was closed   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No  
    • OK thanks again Andy.   And understood 👍😉
    • Thank you for this. The first thing to be say is that this means that you are winning. It is pretty well unheard of in my experience for the bank to give way and finally return the money. The fact that they have done this under the threat of a judgement for breach of statutory duty indicates even more that they are worried about their position. Nowhere have they indicated that they have complied with the requirements of the Proceeds of Crime Act and informed the National crime agency. I don't believe they have and this is a very serious breach of statutory duty. Not only that it is a very serious breach of the FCA BCOBS regulations in that they are required to treat you fairly. Treating you fairly in this case means that they must comply with the rest of their statutory duties. It appears that they really haven't done this at all and that they have acted in an arbitrary way in disregard of the law and that they are hoping to get away with it. I find myself wondering how many other hundreds of people have been treated in exactly the same way – and you are probably the first ever to have stood up to them and to get them worried. I think I've already indicated that a press contact of mine in the Sunday Times would be very interested in this story. He has already run stories about the very poor standards applied by banks when deciding that their customers are involved in some fraudulent behaviour. The first thing to say about the letter which you have received is that they are trying to apply conditions to releasing your own money. It's your money and there should be no conditions and my suggestion is that you object to this. Secondly, not only are they threatening to continue to withhold your own money – but also they are saying that if they release it to you you will simply have the net figure without any kind of interest or compensation. It's clear that while they have had your money, they have invested it and earn money on it. They have probably been lending it out at between 16% and 20% and although the usual rate of interest is 8%, it seems to me that justice can only be served by repaying you your money plus the commercial rate of interest – at a compound rate. Normally the 8% is calculated at simple. Thirdly, they are not offering to pay you any compensation and clearly they are hoping to get away with it without any kind of sanction or not even a slap on the wrist.   Fourthly, they had the nerve to impose a seven day deadline. Don't worry about their deadline. It's a load of huff and puff. This is all part of their bluff game designed to intimidate you. At the end of seven days – what? Are they then going to insist on going to court?   If they really believe that they had done everything correctly and that the money was fraudulent, then they would not offer it to you back under any circumstances. It would be illegal for them to do so. You can be certain that these people do not want to go to court. In fact they probably wish they had never started.   Finally, they want the matter to be kept confidential – and I can't say I blame them. I would be ashamed if people knew that I had treated somebody else in this way and I'm sure they are worried about reputational damage. I'm also sure that there are extremely worried about what will happen if you get a judgement against them for breach of statutory duty. It will have to be reported to the FCA. It will have to be reported to the NCA. And of course it should be reported to the newspapers because people need to know what is going on. If you want, you can simply accept their proposal – get your money back, given confidentiality – and that's the end of the matter. However, you have no idea how this will impact on your record in the future. I imagine that they will bar you from ever opening an account with them again. – But at least you will have your money and you can get on with your life. However, if you want you can stand your ground and make it clear to them that you are going to be mucked around and treated like this and that you are prepared to go to court if they won't make a proper offer. I understand that you need to pay a court fee of about £350 in the next seven days. I expect that the bank is making this offer now hoping to dissuade you from spending any more money and hoping that you will back down. If you have the money to proceed then I would suggest very strongly that it will be a very serious sign of strength that you tell the bank that you're not interested in that you are paying the fee for the next stage of the court process. If the bank knows that you've called their bluff on this and that you have been prepared to invest further money in moving this legal action forward, then they will start to reflect and I can perfectly well imagine that they will make you another more interesting offer – once again on conditions of confidentiality. Without seeing any further offer, I'm already suggesting that you will probably be best off turning it down. In any event, I would remind you going back several months that I already predicted that the bank would make you confidential offer – and that has happened. I'm not saying that I'm always going to be right here – but I think that now basically the bank have pretty well admitted that they need to pay you your money, there is no chance of you losing it. You will get your money and it really is just a question of how much else you will get in addition. If you'd like to continue then let me know and I will suggest a draft response to them.
    • The cost of living in Britain over a person's lifetime is over £1.5m, new findings have claimed as the nation feels the squeeze amid soaring energy costs and dismal interest rates on cash savings.View the full article
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The Community Network - PO Counter TV advertising -BUT NO TV in the PO!!


White Roostar
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Hi. I am just encountering this problem now having stupidly signed up with The Community Network.

 

I can't believe I have allowed myself to be caught by this lot. We needed advertising for an exhibition and it seemed like a good idea at the time but within weeks I smelt a rat and am wondering how to get out of this mess we face.

 

I am currently talking with the Federation of Small Businesses legal advice team. Has anyone been successful in extricating themselves from this company?

 

We have signed up for advertising in our local main post office. They told us a new TV screen was being installed as the post office was being refurbished. Well as of now there is no TV screen and our exhibition is in two weeks time.

 

I have given them an ultimatum in legal terms as advised by the FSB legal people but having seen all the post from other people I suspect we are in for major problems.

 

The copy they sent through was incorrect so a correction request has been sent back.

 

Frankly, though, I want nothing more to do with these people but the contract seems to be sewn up tight.

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Hi White Rooster and welcome to CAG

 

Your post has been moved to your own thread that you can use from now on. I've also added paragraph spacing to your post making it easier to read.

 

If you made CNTV aware of your needs as regards advertising within a certain time frame, that may be relevant if they failed to provide it.

 

it may also be relevant if they said the ads would be showing within a specific timeframe at the PO, but they failed to do it.

 

Tell us more about what the contact promises you, and what you told them you required from them.

 

You may have the protection of CPUTR 2008. Have a look at Misleading Actions at Section 5 here - http://www.legislation.gov.uk/ukdsi/2008/9780110811574/part/2

 

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Hello slick132

 

Thank you for responding. We were cold called about advertising in our Seaford Post Office on a TV screen.

 

As we were in the process of arranging our advertising for my exhibition in November it seems like it could be a good idea as we were told the footfall was around 2000 a month.

 

The salesman came and saw us and we went through our requirements.

 

Obviously the advertising was also for a longer period once the exhibition was finished but the initial push was to get as much publicity in the short time available.

 

We supplied him with our exhibition invitation leaflet with all the details of dates, times and venue etc. He said they could pull other information off our website.

 

We stressed that this was time critical and we were told it would be up and running at least two weeks before the exhibition date.

 

We signed the agreement on 22nd October 2014, five weeks before the exhibition date paying a deposit and setting up a direct debit.

 

The previous day I went into the post office and spoke to the PM. The post office was just coming to the end of refurbishment.

 

There was no TV screen but we were told the screen would be installed within two weeks in good time for our advert to be displayed.

 

There is still no TV screen and we are under two weeks from the exhibition.

 

I sent images to the graphics department on 24th October for use in the advert.

 

During the week after signing I contacted the Community Network to ask if they had received all the information and images they required as I had not had any acknowledgement. They told me they had just received all the documents and images.

 

Again I pointed out the need for urgency due to the closeness of the exhibition and they said they understood it should be running two weeks prior to the date.

 

I finally received and email last Thursday with the draft advert. There were two errors in it and they had ignored all the images I had sent them.

 

I rang them again and pointed out there was still no TV screen. They said they would find out and get back to me. They didn't.

 

I rang on Friday and got the same result. Becoming suspicious I Googled the company and came upon your threads and realised we have been duped. Feeling somewhat stupid for falling into this trap.

 

I have spoken with the FSB legal advice line and they have advised me to send a letter to CNTV giving them an ultimatum as "time is of the essence" that unless the advert is up and running by noon on Tuesday 11th November we will consider them to be in breach of contract.

 

That is where we stand at the moment. By the way, I sent the letter on Friday evening as a PDF by email and posted a hard copy by recorded delivery on Saturday morning.

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Hi there White Roostar. I had major problems with Community TV, but as it took them over 6 months to get my ad running, after trying to deal with the company myself, I sent a solicitor's letter, which thankfully did the trick. They stopped all further payments and my ad is still running for a year (so they say, although it's been moved to a location further away, so I don't know).

 

 

I tried all avenues, including Citizen's Advice, who didn't want to know as it was a business contract. I didn't think about the Federation of Small Businsses, but then I'm a small complementary practitioner, so not a member. Most of the solicitors I spoke to were less than optimistic and the final outcome was quite unexpected, I must admit.

 

Good luck with your quest. Persevere and you may be lucky!

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Hi Jacquey. I have read your posts with interest and, I have to say when I first read them, a sinking feeling. I am mighty glad you have found some resolution in this matter. I'm hoping the FSB will be able to guide me through this mine field we seem to have entered unwittingly. We are, I suspect, just at the start of a long and protracted stress trip that I really don't need right now.

 

Cheers.

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Hello slick132

 

I have just come back from speaking with the PM at Seaford Post Office and he says he has no contract with CNTV to have a TV screen. It dose seem they have sold us something they are not legally entitled to sell. Am I right or does the fact that in the terms and condition they can move us to another site affect that? Our agreement was on the basis of advertising at Seaford.

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Hi WR and thanks for the further info.

 

Please confirm roughly what payment(s) you have made, or agreed to make with a CPA or DD mandate.

 

I would be looking to cancel any agreement with CNTV immediately due to their breach of contract (failing to act in a timely manner to have your ad running, despite being told that time was of the essence; failing to have an advertising screen in place at the relevant PO; failing to have any agreement in place with the PM at the relevant PO for a screen to be installed).

 

A formal complaint to Trading Standards would be sensible too.

 

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Hello Slick132

 

Thank you. That is what I intend to do tomorrow after the noon deadline. Having sent off the letter I have to comply with what is written. I have spoken to my bank and credit card company already to make them aware of what is going on. I have to go through due legal process I'm told. To date we have paid £541.20 by credit card as a deposit and set up a direct debit for the second stage payment. My credit card company says they should be able to recover payment made provided CPA are in breach.

 

I will speak to trading standards also.

 

As I see it they have taken money under false pretences as they had no contract with the post office in question.

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Hi WR,

 

I would cancel the DD mandate immediately, regardless of anything else. It could being reinstated later if necessary but a doubt that'll happen!

 

Getting your credit card money back using s.75 CCA 1974 may not be as simple as folk think. It can take time and the banks may not initially give the result you want. Your card provider and CNTV's bank consider your s.75 claim between themselves.

 

Your card provider will NOT get your money back simply because you tell them to.

 

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Hi slick132

 

I have spoken to my bank and as yet the DD has not yet been activated by CN so it is not possible to cancel it. Only once it has been set up can it be cancelled. We therefore have to monitor our bank account regularly to see when it is put in place. Only then can the bank act.

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Hi WR,

 

Write a letter and hand it in to the branch, addressed to The Manager :-

 

Dear sir,

 

Sort code: xx-xx-xx

Account No: xxxx xxxx

 

Further to my telephone conversation with the bank today, I was told I cannot cancel a DD mandate as it has not yet been processed by the payee, Community Network TV.

 

I therefore give you written notice that this DD mandate is to be cancelled immediately and that I do not authorise any payment to be made to CN TV or any other name they use to collect their DD payments.

 

Yours faithfully,

 

This isn't so important as you can very easily reclaim any DD that you did not agree with, using the DD Guarantee Scheme. But send the letter anyway.

 

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Hi slic132

 

Thank you. That's an excellent idea. I will indeed do that so that it is then on permanent record. Just talking to Post Office Ltd to see if they have a contract with CNTV that the franchise manager would not know about.

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Hi slick132

 

I have just been in contact with Post Office Ltd head office enquiring about any connection they might have with onsite TV advertising. They gave me a telephone number which I assumed was a department within the PO only to find myself talking to someone at Community Network. This was a bit of a shock and greatly concerns me that there may be an underlying contract between the PO and CNTV.

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Another good reason to stay off the phone and keep everything in writing only !!

 

Just stick to dealing with your individual case.

 

When your deadline has passed, I'd simply write to CNTV saying:-

 

You are in breach of the terms of any agreement between us.

 

Accordingly, I hereby terminate such agreement forthwith and will seek the return of all monies paid using s.75 of the Consumer Credit Act 1974, namely £541.20.

 

If you fail to refund as required, I will take court action against you.

 

The matter will be reported to Trading Standards as a formal complaint.

 

Of course you may wish to be guided by advice from the FSB.

 

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  • 5 months later...

Hi Slick32

It's been a little while since my last posting and things have moved on a it since. Following our last exchange I actually engage a solicitor who advised me regarding rescinding the "contract". At the same time I blocked all Direct Debit payments and got my credit card company to recover my deposit money. This they have done as VISA agreed that CN had failed to provide the service they supposedly sold me.

 

I am now, of course, starting to receive threatening letters with noises about 8% daily interest and county court action if I don't pay the deposit. My solicitor assures me they are unlikely to pursue court action but never the less it is quite intimidating. What I wanted to know from you is do you know of anyone actually becoming involved with court action with CN. I have not seen any threads relating such.

 

Cheers

 

White Roostar

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Hi,

While I know very little on this matter, if they are saying 8% DAILY then they are wrong.

 

The 8% is annually based at a daily rate.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Reference to 8% daily interest is perhaps correct in one way.

 

They're referring to 8% Statutory Interest which is added to a claim up to the date of settlement. And it is added daily but on a pro-rata basis.

 

Anyway, I'm not aware of one single case where CNTV have taken court action. To me, they look like an outfit of complete chancers who hide behind lots of threats and hot air, but take no real action.

 

The reason for this- they would probably be laughed out of court because of their reputation for failing to provide the agreed service.

 

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Thank you. That's what my solicitor says but I have to say I do find it all rather stressful. I'm just waiting for the next unpleasant letter to arrive!! Do they have a reputation for all this?

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If you read other threads here about CNTV, you'll see how they operate - full of hot air, bluster and threats but no court action to seek enforcement.

 

Stop stressing about them. Think of the next letter as something to ignore or laugh about, not as something to be troubled by.

 

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