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

[BadMojo]

Their phone number still doesn't work, so I've emailed them briefly explaining my situation. I've told them I'm receiving help from Step Change (which I am) and that I'm keen to reach a resolution that avoids the courts. I've told them I'll be in touch once I've received guidance from Step Change, but invited them to contact me in the meantime....

Edited July 22, 2021 by BadMojo

[dx100uk]

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

[BadMojo]

I've been chatting with another guy that left shortly before me. He hasn't received court papers, but he didn't ignore the DCA letter like I did. He replied asking for written proof that he agreed to the training bond, which they haven't supplied. The same for another guy he is in contact with. 

 

He assures me that the page regarding the training bond, with the table of sliding scale repayments, did not form part of the original employment contract which we signed (digitally) when offered the jobs (back in March/April).

 

He says those documents were presented to us in person at the training academy a few weeks into the job. We were told if you don't sign these, you don't get the job. They required hand written signatures. I don't recall the details, but regardless, they haven't sent those documents to me. 

[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

[BadMojo]

Centrica have responded and asked me to discuss repayment options with the DCA. Not the response I was hoping for. 

 

I hope I don't find myself in front of a judge! 

Edited July 26, 2021 by BadMojo

[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? 

[BadMojo]

I'm not in the union anymore. At least, not the same one as I was when I was with BG. 

Edited July 26, 2021 by BadMojo

[dx100uk]

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

[BadMojo]

I've learnt that 3 other people have now received court papers from the DCA. 

 

All attempts by me to discuss the matter directly with the claimant (Centrica) are hitting brick walls. They are telling me I must deal with the DCA (CST Law). 

Edited August 1, 2021 by BadMojo

[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 

[BadMojo]

OK. I apologise for getting the terminology wrong.

 

I'm finding it hard to keep up - Credit Style, CSL, CST, DCA, ignore, don't ignore... they can't do anything....they can take you to court...

[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

 

 

 

[BadMojo]

I'm considering my options as I cannot see any way to avoid having to pay them. So, either I email CST offering an amount in full and final settlement, or monthly payments. In either case, is it advisable to enclose a copy of my financial situation (possibly use the paperwork they included in the LOC?) in support of said offer?

 

Step Change have suggested a repayment plan to cover my credit card debts, but separately suggested I make a monthly offer to CST/Centrica to cover that 'debt' first.

Edited August 2, 2021 by BadMojo

[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.

 

 

[BadMojo]

GMB (the union I was in whilst at BG) has not replied to my email.

 

Unite (my current union) has offered to put me in touch with the union solicitors for a free 30min initial consultation.

 

Nothing further to report at this time.

[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.

[BadMojo]

Can I confirm some dates, namely when I need to file my defence...This is from the MCOL webite AOS (Acknowledgement of Service)...

 

'If you file an acknowledgment of service but do not file a defence within 28 days of the date of service of the claim form, or particulars of claim if served separately, judgment may be entered against you'

 

Date of Service of claim form - the date on the claim form is the 13th July. So 28 days from that gives me - 9th August 2021 (if you count 13th as day 1). Is that correct? It's just that earlier in the thread (post #46) I worked it out as the 13th August (33 days?)

 

Update:

 

I've received an email from Centrica Collections, in response to my request for copies of the paperwork provided/signed at the academy after starting. They have simply stated the paperwork I have already received is correct. No mention of the other paperwork at all, never mind providing it.

 

They have again asked me to contact Credit Style to arrange payment.

Edited August 4, 2021 by BadMojo

[honeybee13]

The information on filing a defence that you're after is in this forum sticky.

 

https://www.consumeractiongroup.co.uk/topic/357877-you-have-received-a-court-claim-issued-in-england-wales-what-you-need-to-do/

 

HB

 

[dx100uk]

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

 

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

 

[BadMojo]

The link provided says 33 days from date of claim. However form 'N9CPC Response Pack (04.14)' provided when I acknowledged the service, says I have 28 days from date of claim to submit a defence.

 

33 days from 13th July is actually the 14th August. (Error on my part)

 

28 days from 13th July is 9th August.

 

I'm just looking for clarification. Not picking holes.

Edited August 4, 2021 by BadMojo

[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!!

 

 

[BadMojo]

In what format must the defence be submitted?

Do I just draw up bullet points, or just use free text?

 

Do I have to be very specific, or use legalese?

Can I be more emotive and use circumstantial arguments, like 'so-and-so only had to pay £xxx when he left', or would that require statements from so-and-so?

 

I've started working on the defence. There are lots of threads on this forum. I have to admit, they all seem pretty different, e.g parking fines, catalogue debts, etc, but I'll come up with something and come back.

 

I was speaking to an ex-colleague earlier today (he's also received the claim/impending court action form) and he's working on his defence too. He's in touch with more people than I am and he's learnt that there are dozens of others that have also received letter before action/of claim, and/or actual claim (court) letters. So it seems Centrica are well aware of what they're doing and have instructed CST to hit out and get some money for them.

 

My current union (Unite) have told me, well, their solicitors have told me, there's not much they can do and suggested I should reach out again to the GMB, who were my union when I was with BG. So I've got the number of the union rep and I'm going to text him tomorrow; ask if he's aware of what's going on and if GMB have had any involvement, or can provide any advice, assistance, or information - you never know.

[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!!

[BadMojo]

As I have previously mentioned, I requested some paperwork directly from Centrica and they emailed me my employment contract and a breakdown of the claim.  Does this mean I cannot refer to the lack of documentation from CST Law in relation to the matter (CPR 31.14), specifically a signed agreement relating to the training bond and any paperwork provided/signed at the academy? It might be splitting hairs, but if I can I will; but if I shouldn't, I won't. 

 

This is what I have so far. I'll admit to finding it a bit of a struggle filtering out clauses/paragraphs in the plethora of threads on other matters, e.g. credit agreements, parking tickets, etc.:

 

Your claimant’s claim in respect of an overpayment of salary/expenses is without merit and is denied its entirety.

 

Your letter of claim dated 8^th June (not delivered until 22^nd June and therefore in breach of Pre-Action Protocol) and claim form dated 13^th July, reference particulars that have not been provided and furthermore, have still not been provided, despite my requesting them from CST Law (pursuant to CPR 31.14).

 

No evidence as to my liability for the alleged overpayment has been provided: Specifically, no proof as to the overpayment of salary, or expenses.

 

No signed agreement specific to the repayment of any training costs, or sums therein, has been provided, nor was incorporated into the original employment contract. (Can I state this if I am saying I have not received any documents?) Regardless, the pursuit of any such costs is nothing more than a speculative charge, a penalty to disproportionally punish a breach of contract, and therefore without merit and unenforceable. Thus, the claimant is put to strict proof to evidence its cause of action and contractual costs and what loss it has suffered.

 

 

Edited August 8, 2021 by BadMojo