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Centrica/CST claimform - Industrial Training Bond .


BadMojo
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Attached is the employment contract. Section on training bond towards rear.

 

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.

Contract_redacted.pdf

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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.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was reaching a similar conclusion. Unless someone can offer another option I am going to have to enter into negotiations on repayment. 

 

Now, I'm in considerable credit card debt and can complete financial statements (like the one CST Law included with their letter) to show this. How do courts usually view this fact/information? I am not in a position to pay £3000. So it will either have to be significantly reduced, or paid back over a significant time period. 

 

What are the pros, cons, considerations for sending Centrica Collections a financial statement of facts as part of our conversation /negotiation? 

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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?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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. 

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

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 by BadMojo
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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? 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Posted (edited)

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

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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...

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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

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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 by BadMojo
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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.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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.

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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.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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