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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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chesterfield Council security staff attack shoppers


lonestardavid
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Since 8-8-2013 I have been in a constant battle with chesterfield borough council over the actions of council employed security guards in the council run shopping centre on this day.

 

My disabled partner and special needs son had gone into poundland and on-going to the checkout to pay for their items they were confronted by a security guard who demanded to search their bags.

 

They refused and went on their way, however they had only gone a few yards from poundland when my son was set upon bythe guard who had come up behind him grabbing him by the arm and then by the neck and dragging him backwards down the shopping centre back into poundland where he was held in the front of the shop while all the time being taunted by the guard stating in a loud voice that he was a shoplifter and a thief, my son had asked the guard to identify himself and he refused.

 

During this time my son had tried to get away to go to his mother and he was attacked again and dragged around by his lapels. This abuse went on for around 20 mins until the police arrived.

 

My son was then subjected to a stop search which proved he had done nothing wrong, he reported to the police that he had been assaulted by the guard and they took no action.

 

The police did instruct my son to not to go and wait outside the shop for another guard to come and speak to him, my son

thought this was so the guards could come and explain their actions, however when the guards manager arrived he handed my son a six month ban from the shopping centre, an act which i consider was out of spite and vengeance for being innocent.

 

During this time my partner who had witnessed the attack on her son decided to go into the library which is next to the shopping centre and go downstairs to use the public phone to ring me as she entered the lift she saw a guard go running downstairs, on exiting the lift she was immediately set upon by one of two guards, who forcibly grabbed her and forced her into an alcove (so it would be out of view of the cctv camera pointed down the corridor) and pinned her up against a wall, when my partner was searched by the police she was also found to have done nothing wrong.

 

As a result of the above i placed an appeal for witnesses on a local forum, and one person contacted me stating that his girlfriend who worked in the shopping centre had seen a security guard dragging a long haired young man backwards down the precinct towards poundland however this witness would not come forward i believe out of fear of retribution from this team of abusive guards.

 

At one point a post appeared replying to my appeal which released private information concerning the complaints I had made to the police, council and other bodies about the above attacks the post also included details of complaints i had made to the police two years earlier on an unrelated incident. As a result of the negative post i wrongly assumed that this post was posted by a policeman

 

I contacted the police professional standards and the matter was investigated by the police counter corruption unit, as a result of this investigation it was found that this post had come from a Chesterfield Borough Council computer and the post was made by the very same team of guards who had attacked my son and partner in a blatant attempt to discredit

us, rather tellingly the police did not investigate further,

 

I believe this inaction was prompted by the fact that had they done so they would have found that the guards were

fed this information by a member of the police as certain information they had posted was only available from police files.

 

As a result of the assaults the police became involved and on taking statements from these guards told us that their

statements corroborated my partner and sons account of the attacks, and the two guards who had assaulted my son and

partner were charged,

 

However the guards were by this time claiming that they had been told by the poundland manager that my son and partner had stolen something (a fact refuted by the store manager) as a result they had reasonable grounds though at no point have they stated reasonable grounds for what,

 

the CPS bought the case to the magistrates court in December 2013 were not prepared and did not take the cctv footage to the court they were criticised by the magistrates for being unprepared and the case was adjourned until January, three days before the case was due to be heard we received a letter from the CPS stating that they were discontinuing the case as the guards had reasonable grounds,

 

We appealed this decision under the VRR right to appeal however this is just a rubber stamp exercise and since

then they have flatly refused to relook at this decision.

 

We have complained to the council under the councils three stage complaints procedure and two years and four months later we are at step two and no further forward,

Edited by citizenB
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By saying that they had reasonable ground to suspect theft and lying about the manager pointing this out to them, the guards got away with it.

They were very lucky because they probably got a tired, lazy cps officer to deal with this case.

 

It is frustrating for you and the police officer who has spent hours preparing a case that it's then cocked up by cps.

that's the past and can't be changed.

 

As the council have been giving you the runaround for so long,

have you tried getting a name of the person in charge of your complaint?

If not you should do so and email them directly.

 

Also, you can write to your local mp; most times they're very good at moving things forward, at least mine is.

It's disgraceful that people are treated like this without consequences

and even worse that nobody present during this incident intervened or came forward to give evidence.

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i had an appointment arranged for yesterday afternoon with the executive director who is dealing with the complaint

to see the footage of the attack on my son.

 

 

the reason for this being that the cctv footage we have been given is heavily pixilated

and does not show the full extent of the attack

rather tellingly the time stamp is also pixilated

 

 

at one point in the footage we have there is 20 or so mins of the camera looking at poundland

you can only tell it is is poundland by the colours as this is totaly pixilated,

 

 

needless to say on arrival at the council we were told that the executive director was off due to "illness"

needless to say after all the lies we have been told we do not believe this to be the true reason

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Words like 'attacked' make this sound as if it has been 'sexed up' (whatever that means).

 

Why not park yourselves outside Poundland and discreetly film all that goes on and then you will have evidence and can take real action against them.

You could even send it to the tv news channels.

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i had an appointment arranged for yesterday afternoon with the executive director who is dealing with the complaint to see the footage of the attack on my son. the reason for this being that the cctv footage we have been given is heavily pixilated and does not show the full extent of the attack rather tellingly the time stamp is also pixilated and at one point in the footage we have there is 20 or so mins of the camera looking at poundland you can only tell it is is poundland by the colours as this is totaly pixilated, needless to say on arrival at the council we were told that the executive director was off due to "illness" needless to say after all the lies we have been told we do not believe this to be the true reason

 

And you're not wrong.

Councils tempt to sweep any wrongdoing under the carpet and give complainants the runaround hoping that they get fed up and go away.

Do not desist

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As above, 'Do not desist'.
you are aabsolutely right rather tellingly while googling a related item i have found out that chesterfield police safer neighbourhood team are working closely with the team of guards that attacked my son and partner and broke the law by breeching the data protection act surely this is even more absurd than making tony blair middle east peace envoy, oh irony of ironies, i wonder who is in whos pocket it seems police corruption is alive and well in chesterfield Edited by lonestardavid
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Words like 'attacked' make this sound as if it has been 'sexed up' (whatever that means).

 

Why not park yourselves outside Poundland and discreetly film all that goes on and then you will have evidence and can take real action against them.

You could even send it to the tv news channels.

i understand your point, and my answer is how else can i descibe an innocent person being grabbed by the arm and being turned around and dragged backwards by the neck for about 20 yards down a shopping precinct
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By saying that they had reasonable ground to suspect theft and lying about the manager pointing this out to them, the guards got away with it.

They were very lucky because they probably got a tired, lazy cps officer to deal with this case.

It is frustrating for you and the police officer who has spent hours preparing a case that it's then cocked up by cps.

Anyway, that's the past and can't be changed.

As the council have been giving you the runaround for so long, have you tried getting a name of the person in charge of your complaint?

If not you should do so and email them directly.

Also, you can write to your local mp; most times they're very good at moving things forward, at least mine is.

It's disgraceful that people are treated like this without consequences and even worse that nobody present during this incident intervened or came forward to give evidence.

on talking to a polceman one day about this case he told us of the name that the police use for the CPS it is "couldn't prosecute s**t"
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consider suing for flase imprisonment. Long winded but it is a civil case heard by a jury so it will be viewed in the light of ordinary people's experiences of life rather than the CPS's bet on the result

 

yes you are right however

we are not a rich family and we could not bear the cost

also most of the no win no fee lawyers are only interested in injuries,

 

i had a most interesting conversation today with the Labour leader of the council

who stated that these guards had commited no wrong doing as they had not been found guilty in a court of law,

 

now if we follow this to its logical conclusion, anyone who gets a ticket for littering or overstaying parking

should refuse to pay on the same grounds,

 

however as we all know these are Labour polticians and as always it is do as i say not as i do.

 

obviously false imprisonment, (cat sitting on my desk)

 

 

at the time i looked up the law relating to kidnap and it seemed to me applicable in this case,

 

 

however the police were not prepared to investigate,

the police do not appear to want to put their marriage to these guards in je pardy,

 

 

it seems to me that both the police and the cps are prepared to ignore the laws put in place to protect innocent people just to persue their own agendas,

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