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

[dx100uk]

read upload carefully use the sites listed there too.

[dx100uk]

6.8 On termination of your employment the Company may deduct from your final salary payment and any other sums due to you from the Company an ;mount equal to any sums you owe to the Company, inducting but not limited to any amounts repayable in respect of training and assessment costs pursuant to these Terms and Conditions of Employment and the attached Training Bond.

 

 

1 hour ago, BadMojo said:

The document had no physical signature. But the final page had (now redacted) a date and IP address relating to what was possibly a digital signature, i.e. tick a box to agree, type thing.

 

the above constitutes a digital signature under the relevant act.

 

[dx100uk]

under the 2006 digital signature rules (IP address can be traceable ), you will be deemed to have agreed to the terms of the contract.

of which the above states.

 

pers i can't see a way out of this.

might be an idea to investigate a Tomlin Order with CST 

unless anyone has any other ideas.

 

just another thought..

as you have a contact at collections whom have said they have instigated a 'hold' , why don't you go ring them back tomorrow and thank them for the information and that you now realise you are liable for the training bond 3yrs sum.

 

ask them if they would be willing to enter into a reasonable monthly payment scheme if they drop the court claim totally....that might atleast save you a few £'s on their court fees etc etc 

[dx100uk]

other than agreeing to the the tomlin the court have no part to play if you go tomlin.

i'd suggest you ring BG as suggested see if they'll drop the claim totally. that way courts not ever involved, its a mutual agreement.

even if you lost the whole case the judge would only order a small £PCM payment which if untenable can be varied via an N245.

 

so go direct and start low say £10-£25PCM?

[dx100uk]

i would directly approach them wanting to settle if they DROP the claim.

[dx100uk]

Well find or request written proof that these must be signed in person..wet ink? Shall we say..that should help your case.

 

i dont doubt it either so it might be down to how the judge interprets each witness statement.. 

 

Dx

[dx100uk]

Might be the best thing if the training bond must be signed in ink..go prove that ..as i said earlier you could be the sacrificial lamb test case here before everyone else..what about the union? 

[dx100uk]

No but you were and they should know. You are entitled to ask

[dx100uk]

No one has received claimforms from a DCA. The debt has not been sold. The claimant is centrica. CST are solicitors who represent clients 

[dx100uk]

only the owner of a debt can take anyone to court represented by a solicitor (like CST LAW) ...until you got the court claim on the 14th the correct action was taken ..ignore (bar you missed replying to the Letter of Claim which you should not have and thats why don't ignore that was mentioned)

 

don't miss your defence filing date.

 

dx

 

 

 

[dx100uk]

slow down, you've not even filed your defence yet, which IMHO should include a line which states the you never signed the training sheet and it was not presented at time of online signup. it won't cost you very much more to run this claim till witness statement time rather than give in, it could be a game changer for everyone that is in the same boat.

 

as for you card debts start a new thread, don't go agreeing to anything without requesting signed CCA request s esp if the debts are years old.

 

 

[dx100uk]

ok well when you get it don't waste time concentrate on this unsigned training agreement i'm pretty sure this will win you this case.

[dx100uk]

On 14/07/2021 at 18:24, BadMojo said:

 

date to submit defence = 13.08.2021 (33 days in total)

 

[dx100uk]

it is a total of 33 days from the date on the claimform to right (take being day 1 in the count)

 

claimforms are deemed to be served by mail in 5 days, + the 28 = 33.

this is all explained in the link you read and calculated correctly 

however as you day 33 is a Saturday, courts close at 4pm fridays so you must file by then the 13th

 

so in a little over a week (as long as you've done AOS on MCOL as instructed) you need to be thinking about your defence and posting it up here well early for checking. 

 

you will need to pointout the crap POC and the fact they have not sent a detailed one as they have said, will also need to pointout in a round about way, that the training agreement is unsigned without giving the game away!!

 

 

[dx100uk]

No legalese needed, just a very basic short generic defence poss mentioning the crap poc they have filed and that to date there is no signed agreement to the training.

 

I'm sure @Andyorch will help during the week but do go use our enhanced google search box on our page and type in say claimform loan

 

that will give you most of the generic para's that should be in all defence s

 

post your idea up here well in advance and we can fine tune it

[dx100uk]

They are not parking fines..but thats immaterial to you at present. But important to remember just in case.

 

Base yours on say a loan or card claimform defence the std paras to use will be the same.  No rush!!

[dx100uk]

1.The Claimant's claim is in respect of an overpayment of salary/expenses, full particulars of which have been previously supplied.

 

just stating over payment of salary, is not good enough they MUST detail exactly how this came about.

what has been sent to you previous to the claim, does not 'count' so request again in CPR

 

what you have included above wont be the format of your defence no.

[dx100uk]

yes correct, don't get 'spoofed'.

 

ok if you went and read a few of the court claim threads i pointed too earlier, you'd gain a some perception upon how the court process works, you  as a member of joe public, are called a 'litigant in person', this gives you certain 'leeway', so don't keep worrying that by stating xyz you are placing yourself in some kind of 'trouble' that the will annoy the judge and cloud whatever decision he makes, it won't.

 

it doesn't really matter the claimant has previously provided 'some' information, everything they intend to rely upon in court to support their claim and 'counter' your defence MUST be produced, at the witness statement (disclosures) stage regardless to CPR 31:14. the same applies to you for your WS.

 

1.The Claimant's claim is in respect of an overpayment of salary/expenses, full particulars of which have been previously supplied.

 

as an example. here are some std phrases you need to inc from our std holding/no paperwork defences

 #####Defence######

The Defendant contends that the particulars of claim are vague and generic in nature.

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.

 

 

 A CPR 31:14 request was made to the claimants solicitor, requesting disclosure of all documents on which the Claimant is basing their claim. The claimants solicitor to date has not responded. 

 

 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) show how the Defendant has entered into the training bond and;
 b) show how the Defendant has reached the amount claimed for and;

 8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed

 

 10. 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.
 

 

is your mates claimform earlier or later than yours?

 

[dx100uk]

i've updated the defence above

see what @Andyorch thinks 

 

defence due friday 4pm

 

 

[dx100uk]

thank you andy

 

dx

 

[dx100uk]

MCOL often has issues

don't worry too much about it.

 

try again before near 4pm

but it wont hurt if you have to await till monday

 

as long as you are only copying the text from the PDF as from after the claimants poc you don't need that

[dx100uk]

good

not unusual from the whole MCOL system.

[dx100uk]

they have 28 days to do 'something' else the claim gets autostayed.

the court should write and inform you your defence is lodged, and explain too

[dx100uk]

there is no notification upon an autostay after day 28 on the court letter you got.

 

pers i'd now be telling your friend to stop all comms.. and you too!

 

once a claim is autostayed it will cost centrica £255 to lift the stay and with no better paperwork or argument the court wont accept it and you can object too.

 

i cant see them wasting that money

 

lets be clear here from day 1 all these claims were speculative hoping the mug that got one would wet themselves and blindly give them free money.

 

dx

[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?