Centrica/CST claimform - Industrial Training Bond ***Claim Discontinued***

[honeybee13]

Thread reopened.

 

HB

[BadMojo]

Thank you.

 

It seems this just won't go away and Centrica are intent on getting money out of ex-engineers and are more than willing to go to court to do so.

 

Well, after several months of very little to report (I stopped all comms, as did they) Centrica got the ball rolling again just before Christmas. I received a "Letter of Proposed Allocation to the Small Claims Track" instructing me to fill in a N180 form, which I did, but I was a little late.  Centrica have had the stay lifted, referral for a filing of directions questionnaire and "requesting the court grant an order in the terms sought".

 

As I was a few days late, I received an other letter at the end of January giving me another 7 days to send in the Directions Questionnaire, which I did via email (I also attached the proof of postage for the earlier submission).

 

I ticked the box to say I was willing to go to mediation.

 

While this was happening, I was in email communication with CST Law repeatedly asking for copies of all the paperwork (from Centrica) that I signed at the training centre during my initial training. There was lots of it, lots of signatures, but no copies given to us. I'm sure some of that paperwork was in relation to our employment contract, but some was just signing off the various stages of training - none has been forthcoming. 

 

Then, finally, after several weeks, months even, I get an email from CST on 13th February 2023, reporting "Please be advised that our client has advised us that they hold no further documents on record."

 

They also proposed a settlement:

 

"Nevertheless, in an attempt to resolve the matter, we are writing to you with a view to propose an offer of settlement in the total sum of £3065.50 (“the offer”).

 

The offer is put forward on the basis that each party bear their own costs and is open for acceptance for 14 days from the date of this letter."

 

The same day, I received an email from the Courts with a date for mediation, which is next Tuesday, 21st February, with the following caveats:

 

Please read the following statements - mediation is only available if you can answer yes to all 3:

• I am willing to negotiate on the amount of the claim and I will consider a compromise.
• I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.
• I’m available for the entire time slot on the date of my appointment.

If you cannot answer yes to all 3 statements, mediation is NOT suitable for your case and you should contact us: [email protected]

 

When I submitted the form, I was willing to mediate, if Centrica could provide signed proof I had agreed to the specific terms of the training bond (as outlined in one of the unsigned pages them sent me). However, as they have been unable to do so, I am now of a mind to continue contesting the whole claim and therefore mediation surely becomes unsuitable? 

 

It is my defence (and always has been) that they do not have any signed paperwork showing I agreed to the specifics of the training bond. The digital signature given at the very beginning was me accepting the offer of employment and the training bond section was not with it. It may have been provided months later at the training centre, but Centrica say they have no paperwork from that period.

 

I have been in touch with another CAG member in the same situation as myself and whilst he hasn't updated his thread, he has told me Centrica took him to court and they lost. The judge found that as Centrica couldn't provide a signed copy of the training bond contract, there was no contract (a brief summary in my words, not theirs).

 

But there is also a thread on here where it went the other way - so it's still a gamble for me! Is it worth considering making a low-ball offer to avoid court? Like, £300?

 

Thank you if you've stayed with me thus far. I'm now asking for advice on my next steps. How do I respond to Centrica's settlement offer? (How do I word a refusal?)  How do I respond to the mediation email? (How do I word a cancellation, if I should?)

 

 

Edited February 16, 2023 by BadMojo

[honeybee13]

It would be great if your contact could update his thread with what happened in court please. If we've advised, it's helpful if we know the outcomes of cases.

 

I'm sure people will be along to advise on the rest of your post.

 

HB

[smooth]

Centrica/CST claimform - Industrial Training Bond ***Claim Discontinued*** - Page 6 - General Legal Issues - Consumer Action Group

 

If you look at my thread, they took me to court and the judge pretty much said ‘the law is the law’ and I had to pay the full amount + fee’s + interest. Between £11-13k + from memory 

 

im paying them £20 a month, they wouldn’t accept a larger one off payment post court at a reduced amount. 
 

personally I think it depends on the judge you have on the day, a gamble none the less. 
 

if I could go back and take a settlement payment at a reduced figure I would 100% do it + avoids a CCJ 

[dx100uk]

@smooth you cant protect again rare judge lottery.

 

1 hour ago, BadMojo said:

I have been in touch with another CAG member in the same situation as myself and whilst he hasn't updated his thread, he has told me Centrica took him to court and they lost. The judge found that as Centrica couldn't provide a signed copy of the training bond contract, there was no contract (a brief summary in my words, not theirs).

who is this member please? 

ask them to update their thread but we'll need to re open it.

 

as for mediation i'd stick by your guns. say no on the day due to no signed paperwork, and ignore their settlement offer.

 

so you've had an N244 etc and they lifted the stay? or simply the court has been very slow and this is just a continuation of the org claim?

 

[dx100uk]

 

[BadMojo]

Could I confirm my course of action then:

 

Mediation

Reply to the courts email confirming I can answer yes to the three points below:

 

Quote

Please read the following statements - mediation is only available if you can answer yes to all 3:

1. I am willing to negotiate on the amount of the claim and I will consider a compromise.
2. I have enough information about the claim to enter into negotiations and do not require any further evidence from the other party before starting mediation.
3. I’m available for the entire time slot on the date of my appointment.

 

'Turn up' to the appointment and state that as the claimant cannot provide any signed paperwork showing I accepted the specific terms and conditions of the training bond I am unwilling to pay anything.

 

Claimant's Offer

Do not respond to CST's email with the settlement offer, not even to reject it?

 

County Court Letters

I received a N149A (dated 19th Dec '22) asking me to complete a N180 by 7th Jan '23 - which I did (but was posted a week late).

I received a N24 General Form of Judgement Order (dated 31st Jan '23) instructing me to return a N180 within 7 days (did this via email).

 

MCOL Timeline

Quote

Claim Status

• A claim was issued against you on 13/07/2021
• Your acknowledgment of service was submitted on 20/07/2021 at 20:26:16
• Your acknowledgment of service was received on 21/07/2021 at 08:05:16
• Your defence was submitted on 13/08/2021 at 15:06:16
• Your defence was received on 13/08/2021 at 16:05:08
• DQ sent to you on 19/12/2022
• DQ filed by claimant on 12/01/2023
• Case Stay Lifted on 31/01/2023
• General sanctions order was made on 31/01/2023
• Case Stay Lifted on 09/02/2023
• You filed a DQ on 09/02/2023
• Case Stay Lifted on 13/02/2023

 

[dx100uk]

On 16/02/2023 at 11:06, dx100uk said:

@smooth as for mediation i'd stick by your guns. say no on the day (it's a phonecall) due to no signed paperwork, and ignore their settlement offer.

 

 

[AndyOrch]

Did you get a copy of their application (N244) to lift the stay?   It is to lift the stay only and not request Summary Judgment ?

[BadMojo]

I've searched my emails and have one from 22nd October 2022.

 

'Please see attached herewith the Claimant’s application to lift the stay of the claim, and draft order.'

 

With copies of the N244 and draft order.

 

Quote

Claimant requests the stay be lifted on the claim. The claim became stayed

originally to allow the Claimant time to review the content of the Defendant's

defence. The Claimant also attempted to negotiate with the Defendant directly

to resolve the matter, however they were unsuccessful.

The Claimant requests that the Court lift the stay of the claim and be

referred for filing a directions questionnaire.

We respectfully request the Court grant an Order in the terms sought

 

Edited February 17, 2023 by BadMojo

[dx100uk]

scan it all up

[AndyOrch]

Okay so its progressing to allocation....just wanted to check.

[BadMojo]

So what does 'allocation' actually mean then?

 

I have mediation tomorrow morning. Any more advice on what I can expect?

 

It's my intention to state that as Centrica have been unable to provide a signed copy of the training bond contract, I am unwilling to agree to any payments.

[dx100uk]

pers id refuse mediation on that very point

you have nothing to 'compromise' over, you dont owe the money

no signed agreement to training costs.

 

allocation means it goes out to your local court  for the next empty court slot for a hearing

 

[BadMojo]

It's started!

 

I have briefly outlined my position, in that I do not recall signing any contract relating to the costs of the training bond and the claimant has not been able to provide any evidence that I did; and that I am therefore unwilling to agree to any payment.

 

The mediator is now calling the claimant/their representative/CST Law...

 

There is a little voice in my head saying if they offer to settle for something in the 100s, then to do so to avoid the court lottery. 

 

Claimant's position has not changed in that they regard my alleged electronic signature on the offer of employment is my acceptance of the training bond costs and they don't need a 'wet signature' on the actual page outlining the actual costs, which I argue was not part of the original contract anyway.

 

So it will now be referred back to the courts. 

 

Any idea on how long it might take to move to the next stage - court? Is it a case of when the first available slot is free? Do they tend to give a few weeks notice?

Edited February 21, 2023 by BadMojo

[honeybee13]

I expect @Andyorchor @dx100ukwill be along later to answer your queries, please bear with us until they're able to get here.

 

HB

[AndyOrch]

It will depend on your local county courts workload and availability for the hearing...you will be notified by way of a Notice of Allocation n157 which will contain the courts directions on how to prepare for the hearing and what dates you must submit/exchange witness statement/evidence by.

 

Andy

[dx100uk]

hows this going?

 

dx

 

[BadMojo]

I received a N157 Notice of Allocation to the Smalls Claim Track (Hearing) dated 10th March.

 

The hearing is set for 10th May.

[dx100uk]

So witness statement time, by when?

And when must they pay the heating fee?

 

Dx

[BadMojo]

No later than 14 days before the hearing date.

 

Claimant has to pay the hearing fee by 16:00 on the 12th April.

[BadMojo]

I received an email this morning from CST Law. I'm just trying to open the attachment now, but the main body says this...

 

Quote

Dear Sirs 

 

Claim Number: xxxxxxxx

Centrica PLC v Mr Bad Mojo

 

Please see attached N279 for filing with the Court.

 

Please confirm the hearing for 10 May 2023 will now be vacated.

 

By way of service, the Defendant has been copied into this email.

 

CST Law thank the Court for their assistance.

 

Yours faithfully

 

Does this mean they're backing off? If so, can I draw a line under the whole event, or could they come back at me again...?

Edited March 30, 2023 by BadMojo

[FTMDave]

This sounds like very good news

 

But please upload the attachment just to be sure.

[smooth]

4 minutes ago, FTMDave said:

This sounds like very good news

 

But please upload the attachment just to be sure.

Any reason why you think they have done this? 
 

would this mean anything for my case that has already been taking to court which I lost  

[AndyOrch]

N279 is a Notice of discontinuance the claim has been withdrawn.

 

Andy