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

[BankFodder]

Please read up on estoppel – follow the link.

I know that you've explained in your opening post about what happened – but I still don't really understand.

I do understand that they paid for some kind of training programme and the deal was that if you left before a certain time that you would have to repay a certain amount of money. This is on a sliding scale – one year, two years, three years.

You left in the third year and so they are claiming back money for that final year.

How is the money meant to be repaid to them? Was it meant to be deducted from your pay? Have you had any indication that the money had been fully deducted and that there was none further outstanding? Or did you have any inkling that there was still money owed?

[BankFodder]

I have to say that I still don't really understand what you are saying about how the debt was meant to be repaid - and how it was actually managed.

The point is that they are probably only two defences.
One is that in fact the money was repaid and they have misunderstood or miscalculated. Second is to defend on an estoppel which is basically that they were in charge of deducting payments from you and there was no reason for you to imagine that they hadn't deducted everything that was owed and that there was no reason for you to imagine that there was something outstanding.
In other words, all the signs were that the "debt" had been fully repaid and the problem was caused by their error not yours. You took at face value and in good faith you believe that the money had been paid and that you didn't have anything.

 

In order to run an estoppel you will have to convince a court that you absolutely relied on their authority and management of the deductions and there is no way that you or any reasonable person could afford any suspicion that the debt hadn't been completely repaid.

If you can convince a court then the claimant would be prevented "estopped" from asserting the debt.
If you are unable to show that level of good faith then the court find against you and you would lose.

 

[BankFodder]

You seem to be saying that in fact the money has been repaid. You need to doublecheck this and be sure.

 

If you apply in writing then refer to the date you received the letter even though it was dated XXX. So that it's clear on a paper trail that they are sending letters which are taking three weeks to get to you – in other words a big chunk of the 30 days.
I don't suppose you kept the envelope so that you have seen the postmark?

I suggest that you start doing that.

I believe that they have to give you 30 days and then if you respond they have a further 30 days and in fact it can be strung out for 90 days.
Maybe somebody can remind us of where that rule is. It's a fairly recent rule.

You been advised to speak directly with the company legal department. I suggest that after you have done this you then send the company – your employers – a subject access request. Don't mention it when you speak to your company legal department that afterwards send them the SAR and see what it might produce.

You say you've got no money – which is understandable. It eventually a claim is actually issued then you must let us know immediately and also you will have to file an acknowledgement of service within 14 days – as has already been pointed out by my site team colleague. Depending on what you discover, I would suggest that you then put in a defence that the money has been paid and that if it is hasn't been paid that you had every reason to believe it had been paid and that you are going to rely on and estoppel.

However, as it now seems that you haven't actually been issued a court claim at all, there is no hurry.